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(1) A local education authority shall make arrangements for enabling the parent of a child in the area of the authority—
(a) to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions, and
(b) to give reasons for his preference.
(2) Subject to subsection (3) and section 430(2) (co-ordinated admission arrangements), a local education authority and the governing body of a county or voluntary school shall comply with any preference expressed in accordance with arrangements made under subsection (1).
(3) The duty imposed by subsection (2) does not apply—
(a) if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources;
(b) if the preferred school is an aided or a special agreement school and compliance with the preference would be incompatible with any arrangements between the governing body and the local education authority made under section 413; or
(c) if the arrangements for admission to the preferred school are based wholly or partly on selection by reference to ability or aptitude and compliance with the preference would be incompatible with selection under the arrangements.
(4) Where the arrangements for the admission of pupils to a school maintained by a local education authority provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, a parent who makes such an application shall be regarded for the purposes of subsection (2) as having expressed a preference for that school in accordance with arrangements made under subsection (1).
(5) The duty imposed by subsection (2) in relation to a preference expressed in accordance with arrangements made under subsection (1) shall apply also in relation to—
(a) any application for the admission to a school maintained by a local education authority of a child who is not in the area of the authority, and
(b) any application made by a parent as mentioned in section 438(4) or 440(2) (application for a particular school to be specified in a school attendance order);
and references in subsection (3) to a preference and a preferred school shall be construed accordingly.
(6) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a county or voluntary school in a school year of a number of pupils in a relevant age group which does not exceed—
(a) the relevant standard number, or
(b) the admission number fixed in accordance with section 416,
whichever is the greater.
(7) In this Chapter “the relevant standard number”, in relation to a county or voluntary school, a relevant age group and a school year, means the standard number applying under sections 417 to 420 to the school in relation to that age group and year.
(8) In this section “child” includes a person who has not attained the age of 19.
(1) Where the governing body of a county or voluntary school are responsible for determining the arrangements for the admission of pupils to the school, they shall—
(a) consult the local education authority before determining, or varying, any of those arrangements, and
(b) at least once in every school year, consult the local education authority as to whether those arrangements are satisfactory.
(2) Where the local education authority are responsible for determining the arrangements for the admission of pupils to a county or voluntary school, they shall—
(a) consult the governing body before determining, or varying, any of those arrangements, and
(b) at least once in every school year, consult the governing body as to whether those arrangements are satisfactory.
(1) If the governing body of an aided or special agreement school so request, the local education authority shall make with the governing body arrangements in respect of the admission of pupils to the school for preserving the character of the school; and, in default of agreement between the authority and the governing body, the terms of any such arrangements shall be determined by the Secretary of State.
(2) If one of the parties to arrangements under subsection (1) proposes that the arrangements should be modified or replaced by substitute arrangements but the other party does not agree, the party making the proposal may refer the matter to the Secretary of State.
(3) On a reference under subsection (2), the Secretary of State may direct—
(a) that the arrangements shall remain as they are;
(b) that they shall be modified or replaced as proposed; or
(c) that they shall be modified in such other manner, or replaced by such other substitute arrangements, as may be specified in the direction.
(4) Where the Secretary of State directs as mentioned in subsection (3)(b) or (c), the modification or, as the case may be, the substitute arrangements shall have effect, from such date as may be specified in the direction, as if agreed between the parties.
(1) A local education authority shall, for each school year, publish particulars of—
(a) the arrangements for the admission of pupils to schools maintained by the authority other than aided or special agreement schools,
(b) the authority’s arrangements for the provision of education at schools maintained by another local education authority or not maintained by a local education authority, and
(c) the arrangements made by the authority under sections 411(1) and 423(1) (admission appeals).
(2) The governing body of an aided or a special agreement school shall, for each school year, publish particulars of—
(a) the arrangements for the admission of pupils to the school, and
(b) the arrangements made by them under section 423(2) (admission appeals).
(3) The particulars to be published under subsections (1)(a) and (2)(a) shall include particulars of—
(a) in the case of each school to which the arrangements relate, the admission number applicable in each school year in relation to the age group in which pupils are normally admitted (or, if there is more than one such group, the admission number so applicable in relation to each such group),
(b) the respective admission functions of the local education authority and the governing body,
(c) the policy followed in deciding admissions, and
(d) the arrangements made in respect of pupils not belonging to the area of the local education authority.
(4) In subsection (3)(a) references to the admission number applicable in a school year in relation to an age group are to—
(a) the standard number applying under sections 417 to 420 to the school in question in relation to that age group and year, or
(b) the admission number fixed in relation to the school in accordance with section 416 for that age group and year,
whichever is the greater.
(5) The particulars to be published under subsection (1)(b) shall include particulars of—
(a) the criteria for offering places at schools not maintained by a local education authority, and
(b) the names of, and number of places at, any such schools in respect of which the authority have standing arrangements.
(6) The governing body of a school maintained by a local education authority—
(a) shall publish such information as respects that school as may be required by regulations; and
(b) may publish such other information with respect to the school as they think fit.
(7) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.
(8) A local education authority may, with the agreement of the governing body of any school maintained by the authority, publish on behalf of the governing body the particulars or information referred to in subsection (2) or (6) above.
(9) References in this section to publication are references to publication at such time or times and in such manner as may be required by regulations.
In this Chapter “the admission authority”, in relation to a county or voluntary school, means—
(a) the local education authority, where they are responsible for determining the arrangements for the admission of pupils to the school, or
(b) the governing body, where they are responsible for determining those arrangements.
(1) The admission authority for a county or voluntary school shall not fix as the admission number for any relevant age group and any school year a number which is less than the relevant standard number.
(2) Despite any provision of the articles of government of the school (but subject to section 412), the admission authority may fix as the admission number for any relevant age group and any school year a number which exceeds the relevant standard number.
(3) A proposal may be made to the admission authority in accordance with subsections (4) and (5) for fixing as the admission number for any relevant age group and any school year a number which exceeds both—
(a) the relevant standard number, and
(b) any admission number fixed, or proposed to be fixed, for that age group and year by the admission authority.
(4) The proposal may be made—
(a) where the local education authority are the admission authority, by the governing body, or
(b) where the governing body are the admission authority, by the local education authority.
(5) Any such proposal—
(a) shall be made in writing,
(b) may relate to one or more relevant age groups, and
(c) may relate to a particular school year or to each school year falling within any period specified in the proposal.
(6) If the admission authority do not give the authority making the proposal notice in writing rejecting the proposal within the period of two months beginning with the day after that on which the proposal was received by the admission authority, the admission authority shall give effect to the proposal.
(7) Where the admission authority give such notice within that period, the authority making the proposal may, within 28 days of receiving the notice, make an application to the Secretary of State for an order under section 420(2) increasing the relevant standard number.
(8) In this section references, in relation to a school, to the “admission number” for any relevant age group and any school year are references to the number of pupils in that age group it is intended to admit to the school in that school year.
(1) Subject to subsection (2), if pupils in any age group were admitted to a county or voluntary secondary school in the school year beginning in 1989, the standard number applying to the school for that age group in any subsequent school year shall be—
(a) the standard number applying to the school under section 15 of the [1980 c. 20.] Education Act 1980 (“the 1980 Act”) for that age group in the school year beginning in 1989, or
(b) the number of pupils in that age group admitted in the school year beginning in 1989,
whichever is the greater.
(2) If proposals under section 35 or 41 above or section 12 or 13 of the 1980 Act (proposals for the establishment or alteration of a school) have fallen to be implemented in relation to a county or voluntary secondary school, the number stated in the proposals for any school year and age group shall constitute the standard number applying to the school for that age group—
(a) in any school year beginning after 1989 in relation to which the proposals have been wholly implemented, and
(b) subject to any variation made by the Secretary of State, in any school year beginning after 1989 in relation to which they have been partly implemented.
(3) In subsection (2) “the number stated in the proposals” means the number so stated in accordance with section 35(3)(b) or 41(5)(b) above (or, as the case may be, section 12(2) of the 1980 Act or section 12(2) as applied by section 13(2) of that Act).
(4) Any standard number applying under subsection (2) is without prejudice to the application under that subsection of a new standard number if further proposals under section 35 or 41 above fall to be implemented.
(5) References in this section to proposals under section 35 or 41 above or section 12 or 13 of the 1980 Act are to the proposals with any modifications made by the Secretary of State under section 37, 40, 43 or 45 above or, as the case may be, under section 12 or 13 of the 1980 Act.
(1) Subject to subsection (2), if pupils in any age group were admitted to a county or voluntary primary school in the school year beginning in 1991, the standard number applying to the school for that age group in any subsequent year shall be—
(a) the number applicable in relation to the school and in relation to that age group in accordance with section 419, or
(b) the number of pupils in that age group admitted in the school year beginning in 1991,
whichever is the greater.
(2) If proposals published under section 35 or 41 above or section 12 or 13 of the [1980 c. 20.] Education Act 1980 (proposals for the establishment or alteration of a school) have fallen to be implemented in relation to a county or voluntary primary school, the number stated in the proposals for any school year and age group shall constitute the standard number applying to the school for that age group—
(a) in any school year beginning after 1991 in relation to which the proposals have been wholly implemented, and
(b) subject to any variation made by the Secretary of State, in any school year beginning after 1991 in relation to which they have been partly implemented.
(3) Section 417(3) to (5) shall apply for the purposes of subsection (2) of this section as they apply for the purposes of section 417(2).
(1) In this section “the 1980 standard number”, in relation to any school and age group, means the standard number applying to the school under section 15 of the Education Act 1980 (“the 1980 Act”) in relation to that age group in the school year beginning in 1991.
(2) In the case of a primary school to which section 418(1) applies, the number applicable in relation to the school and in relation to any age group there mentioned is—
(a) if the 1980 standard number for that age group is a number determined under section 15(5) of the 1980 Act by reference to the number of pupils in that age group admitted to the school in the school year beginning in 1979, the recalculated 1979 admission number;
(b) if the 1980 standard number for that age group is a number determined under section 15(6) of that Act by reference to the number of pupils in that age group admitted to the school in any school year beginning after 1979 (and not varied by the Secretary of State under that provision), the recalculated post-1979 admission number; and
(c) if the 1980 standard number for that age group is a number applicable by virtue of section 15(7) of that Act which has not been varied by the Secretary of State, the aggregate of the number so applicable and the additional admission number.
(3) In subsection (2)(a) “the recalculated 1979 admission number”, in relation to any school and age group, means the number of pupils admitted to the school in that age group in the school year beginning in 1979 (as determined in accordance with section 436, which relates to children admitted for nursery education).
(4) In subsection (2)(b) “the recalculated post-1979 admission number”, in relation to any school and age group, means the number of pupils admitted to the school in that age group in the school year by reference to which the 1980 standard number for that school and age group was determined (as determined in accordance with section 436).
(5) In subsection (2)(c) “the additional admission number”, in relation to any school and age group, means the aggregate of—
(a) the number of pupils admitted to the school in that age group in the first school year in relation to which the proposals in question had been wholly implemented who were admitted otherwise than for nursery education and were under the age of four years and six months on the date of their admission, and
(b) the number of pupils already admitted to the school for nursery education transferred in that year to a reception class at the school.
(1) The Secretary of State may by order applying to county or voluntary schools of any class or description vary any standard number that would otherwise apply by virtue of section 417 or 418.
(2) Subject to subsections (3) to (5), the Secretary of State may by order vary any standard number that would otherwise apply to an individual school by virtue of section 417 or 418 or by virtue of any order made under subsection (1).
(3) An order under subsection (2) reducing a standard number may only be made on the application of the admission authority for the school, and is subject to the procedure provided for in Schedule 32.
(4) An order under subsection (2) increasing a standard number may be made on the application of the admission authority for the school or on an application made by the governing body or local education authority in accordance with section 416(7).
(5) On an application for an order under subsection (2) increasing a standard number, the Secretary of State may—
(a) make an order under subsection (2) increasing the standard number to the number proposed,
(b) after consultation with both the local education authority and the governing body of the school, make an order under subsection (2) increasing the standard number to such number (less than the number proposed) as he thinks desirable, or
(c) refuse to make an order increasing the standard number.
(1) The admission authority for a county or voluntary school shall keep under review any standard numbers applying to the school under sections 417 to 420, having regard to any change in the school’s capacity to accommodate pupils as compared with its capacity at the beginning of the school year in which those standard numbers first applied (whether by virtue of section 15 of the [1980 c. 20.] Education Act 1980, section 27 of the [1988 c. 40.] Education Reform Act 1988 or sections 417 to 420 above).
(2) For the purposes of this section a school’s capacity to accommodate pupils is changed if—
(a) as a result of changes in the availability or use of accommodation at the school, there is any change in the amount of accommodation available for use by pupils at the school; or
(b) as a result of changes in the requirements applicable to the school under regulations made under section 542 there is any change in the number of pupils for whom accommodation may lawfully be provided at the school;
and a school’s capacity to accommodate pupils is reduced if the result of the changes is, in a case within paragraph (a), less accommodation or, in a case within paragraph (b), a reduction in the number there mentioned.
(1) The initial arrangements for the admission of pupils to a new school shall be made—
(a) where the school will be a county or controlled school, by the local education authority; or
(b) where it will be an aided school, by the temporary governing body or by the promoters if—
(i) that body have not been constituted, and
(ii) the promoters consider that it is expedient for the arrangements to be determined without delay.
(2) Any body or persons making any initial arrangements under this section shall have regard to the arrangements in force for the admission of pupils to comparable schools in the area of the local education authority.
(3) Before making any such initial arrangements for a new school which will be a county school, the authority shall consult the temporary governing body unless—
(a) that body have not been constituted, and
(b) the authority consider that it is expedient for the initial arrangements to be determined without delay.
(4) Before making any such arrangements for a new school which will be a controlled school the authority shall consult—
(a) the temporary governing body; or
(b) where that body have not been constituted, the promoters.
(5) Before making any such initial arrangements for a new school which will be an aided school the temporary governing body or (as the case may be) the promoters shall consult the authority.
(6) Sections 411, 413, 414 and 423 shall have effect in relation to a new school as if the references to the governing body included references to the person responsible for the admission of pupils under the initial arrangements for the school.
(7) In this section “new school” and “temporary governing body” have the meaning given by section 181(1) and (3) respectively; and “the promoters” means the persons making the relevant proposals (as defined by section 181(2)).
(1) A local education authority shall make arrangements for enabling the parent of a child to appeal against—
(a) any decision made by or on behalf of the authority as to the school at which education is to be provided for the child in the exercise of the authority’s functions, other than a decision leading to or embodied in a direction under section 431 (directions for admission), and
(b) any decision made by or on behalf of the governing body of a county or controlled school maintained by the authority refusing the child admission to the school.
(2) The governing body of an aided or a special agreement school shall make arrangements for enabling the parent of a child to appeal against any decision made by or on behalf of the governing body refusing the child admission to the school.
(3) Joint arrangements may be made under subsection (2) by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.
(4) Schedule 33 has effect in relation to the making and hearing of appeals pursuant to arrangements made under this section.
(5) The decision of an appeal committee on such an appeal shall be binding—
(a) on the local education authority or governing body by or on whose behalf the decision under appeal was made, and
(b) in the case of a decision made by or on behalf of a local education authority, on the governing body of any county or controlled school at which the appeal committee determines that a place should be offered to the child in question.
(6) In this section and Schedule 33 “child” includes a person who has not attained the age of 19.
(1) Subject to subsection (2), nothing in section 411, 413, 414 or 423 applies in relation to—
(a) nursery schools, or
(b) children who will be under the age of five at the time of their proposed admission.
(2) Where the arrangements for the admission of pupils to a school maintained by a local education authority provide for the admission to the school of children who will be under the age of five at the time of their proposed admission, those sections shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.
(3) None of the provisions of sections 411, 413, 414 and 423, apart from section 414(6) to (9), apply in relation to—
(a) special schools, or
(b) children for whom statements of special educational needs are maintained under section 324.
Paragraph 5 of Schedule 23 has effect—
(a) for making the governing body of a grant-maintained school responsible for determining the arrangements for admitting pupils to the school; and
(b) for requiring the governing body of such a school to publish particulars of such arrangements and of the procedures applicable in relation to the admission of pupils to the school.
(1) The governing body of a grant-maintained school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the approved admission number for that age group.
(2) Subject to subsections (3) and (4) and sections 427 and 428, the approved admission number for any relevant age group is the number specified in the relevant proposals as the number of pupils intended to be admitted to the school in that age group in the first school year beginning on or after the date of implementation of the proposals.
For this purpose “the relevant proposals” means the proposals published under section 193, 211 or 212 above (or, as the case may be, under section 32, 48 or 49 of the [1993 c. 35.] Education Act 1993 or section 62 of the [1988 c. 40.] Education Reform Act 1988).
(3) Where proposals for a significant change in the character, or significant enlargement of the premises, of a grant-maintained school or for the transfer of such a school to a new site have been approved or adopted under section 261 above (or, as the case may be, under section 98 of the [1993 c. 35.] Education Act 1993 or section 89 of the Education Reform Act 1988), the approved admission number for any relevant age group for any school year for which the proposals have been wholly or partly implemented is—
(a) the number specified in the proposals as the number of pupils proposed to be admitted to the school in that age group in the first school year in relation to which the proposals have been wholly implemented, or
(b) if for any school year in relation to which the proposals have been partly implemented the Secretary of State directs the substitution of a different number, that number.
(4) The approved admission number in relation to any relevant age group may be varied in the case of any such school with the approval of the Secretary of State.
(1) This section applies in relation to any grant-maintained school unless the funding authority have the function under section 428 in relation to that school.
(2) The Secretary of State may by order increase the approved admission number for any relevant age group to such number as may be specified in the order for any school year specified in the order beginning after the date of the order.
(3) No order may be made under subsection (2) which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would—
(a) constitute a significant change in the character of the school, or
(b) involve any alteration of the premises of the school.
Section 311(4) shall apply for the purposes of this subsection.
(1) If an order under section 27(1) (allocation of responsibility for providing sufficient school places) applies to the area of a local education authority, the funding authority may give a direction under subsection (2) to the governing body of a grant-maintained school in the area.
(2) A direction under this subsection—
(a) may increase the approved admission number for any relevant age group to such number as may be specified in the direction for any school year specified in the direction beginning after the date of the direction, and
(b) if any alteration would be required to the premises of the school in consequence of any increase in any approved admission number made by the direction, shall give particulars of the alteration.
(3) No direction may be given under subsection (2) which would have the effect of requiring such an increase in the number of pupils to be admitted to the school as would—
(a) constitute a significant change in the character of the school, or
(b) involve a significant enlargement of the premises of the school.
Section 311(4) shall apply for the purposes of this subsection.
(4) Before deciding to give a direction under subsection (2) the funding authority shall consult the governing body about the proposed content of the direction.
(5) Before giving a direction under subsection (2) the funding authority shall serve a draft of the proposed direction on the governing body.
(6) A governing body on which a draft is served under subsection (5) may, within the period of 15 days beginning with the day on which it was served, refer the matter to the Secretary of State and, if they do so, shall inform the funding authority.
(7) On a reference under subsection (6) the Secretary of State may—
(a) require the funding authority not to give any direction in the terms of the draft, or
(b) authorise the funding authority to give a direction in those terms, or in those terms as required to be modified by the Secretary of State;
and any direction given by the funding authority shall be in the terms authorised under paragraph (b).
(8) Where the funding authority give a direction under this section, then—
(a) if any particulars are specified in pursuance of subsection (2)(b), the governing body shall secure the alteration of the school premises in accordance with the particulars, and
(b) the funding authority shall make to them a grant of an amount equal to the reasonable expenses incurred or to be incurred in doing so.
Paragraph 6 of Schedule 23 has effect for requiring the governing body of a grant-maintained school—
(a) to make arrangements for appeals to an appeal committee against decisions or action taken in relation to admissions of pupils to the school; and
(b) to publish particulars of such arrangements.
Education Act 1996