The Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2008

Amendment of Regulations

5.  For regulation 6, substitute the following—

“Relevant considerations in appeals brought under sections 94 and 95

6.— (1) In relation to an appeal made under the arrangements referred to in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, shall include—

(a) any preference expressed by the appellant, and

(b) the school’s admission arrangements.

(2) Consideration of the matter mentioned in paragraph (1)(b) may include consideration of whether those arrangements comply with any mandatory requirements of—

(i) a School Admissions Code, or

(ii) Part 3 of the 1998 Act.

(3) Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel may determine that a place is to be offered to the child only if they are satisfied that one of the conditions mentioned in paragraph (4) applies.

(4) The conditions mentioned in this paragraph are—

(a) the child would have been offered a place if the school’s admission arrangements had been properly implemented;

(b) the child would have been offered a place if the school’s admission arrangements had complied with the requirements of—

(i) a School Admissions Code, or

(ii) Part 3 of the 1998 Act;

(c) the decision was not one which a reasonable admission authority would have made in the circumstances of the case.

(5) In relation to an appeal made under arrangements referred to in regulation 3(e), an appeal panel in considering an appeal shall have regard to—

(a) the reasons for the local education authority’s decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

(6) In this regulation, “preference” means a preference expressed in accordance with arrangements made under section 86(1) in relation to the school year 2009-2010, and a preference expressed in accordance with arrangements made under section 86(1) or section 86A(1)(1) in relation to the school year 2010-2011 and subsequent school years.”

(1)

Section 86A was inserted into the School Standards and Framework Act 1998 by section 150 of the Education and Skills Act 2008.