The Education (Objections to Admission Arrangements) (Wales) Regulations 2006

Part 3 Decisions on Objections and Effect of Decisions

Publication of decisions

9.—(1) Decisions of the National Assembly and the reasons for them must be published under section 90(7)—

(a) by notification in writing to the parties to the objection and to all other bodies whom the admission authority were required to consult under section 89(2), or would but for section 89(2A) have been required so to consult about the proposed admission arrangements; and

(b) in the case of a decision on an objection relating to—

(i) pre-existing selection arrangements within the meaning of regulation 7(2), or

(ii) an admission number which is lower than the indicated admission number,

(whether or not such objections were referred by a parent) by publishing the information in paragraph (2) of this regulation on the National Assembly’s website at www.information.wales.gov.uk within 14 days after the date when the decision and reasons were given.

(2) The information to be published under subparagraph (1)(b) is—

(a) the name of the admission authority and (if different) of the school to which the admission arrangements relate; and

(b) a short description of the decision and of the reasons for it.

Limitation on later objections

10.—(1) Where an objection about the admission arrangements for a particular school for a particular school year has been decided by the National Assembly no subsequent objection may be referred (by the person or body who made the objection or by anyone else) about—

(a) those arrangements; or

(b) the arrangements for that school for the next following school year,

which raises the same or substantially the same issue.

(2) Paragraph (1)(b) does not prevent an objection being referred about the arrangements for a school where—

(a) the decision mentioned in paragraph (1) upheld an objection to the admission arrangements for the school; and

(b) the substance of the objection now sought to be referred is that the admission arrangements for the school determined by the admission authority for the next following school year are, so far as material, the same or substantially the same as those against which the earlier objection was referred.

Power to alter arrangements following decision on an objection

11.—(1) This regulation applies where—

(a) the National Assembly has made a decision upholding to any extent an objection to admission arrangements determined by an admission authority; and

(b) a relevant admission authority reasonably believe that the arrangements which they have determined are, so far as material—

(i) the same as those arrangements; or

(ii) sufficiently similar for the same decision to have been made against them had an objection been made.

(2) In a case where this regulation applies, the relevant admission authority may revise their admission arrangements by making such alterations as they reasonably believe to be necessary to achieve consistency with the decision, and may determine their arrangements in that revised form.

(3) Any such determination may only be made if—

(a) such arrangements are made within two months of the date on which the decision and the reasons for it were notified in accordance with regulation 9(1)(a); and

(b) the relevant admission authority have informed each admission body, whom they were required to consult under section 89(2), or would but for section 89(2A) have been required to so consult, about the admission arrangements which they are seeking to revise under this regulation.

(4) In this regulation “relevant admission authority” (“awdurdod derbyn perthnasol”) means an admission authority who, before they determined the admission arrangements that they wish to revise, were required to consult under section 89(2), or would but for section 89(2A) have been required to consult, the admission authority against whom the decision was made.