Note on compliance with the Admissions Code 2014
This note outlines the main new statutory provisions of the School Admissions Code which came into force in December 2014. This means its provisions apply now and it is important that the main statutory requirements are reflected in your policies. As these changes are legal requirements there is no need to consult on these areas, so the main changes are just being flagged up from the previous code below in order that you can check your policies do comply. If they don’t, then please amend and include straight away in your policies to go on your websites and be notified to the LA.
Date of Code
Please ensure that your admissions policies now refer to the 2014 Code (not the 2012 one)
Admission outside of normal age range
There is the right to request deferment of entry to school until after a child reaches compulsory school age. The code also makes it clear that the admission arrangements should state how a parent can make a request for a child to be admitted outside of their normal age range. After conversations with some of you I think many of our schools would appreciate wording making this process clear. This would apply for summer born children wishing to enter reception rather than year 1 after they turn 5. I would suggest wording as follows:-
“Admission of children below compulsory school age and deferred entry to school
The School Admissions Code requires school admission authorities to provide for the admission of all children in the September following their fourth birthday. However, a child is not required to start school until they have reached compulsory school age following their fifth birthday. For summer born children (those born after 1st April) this can sometimes be almost a full school year after the point at which they could first be admitted.
"Some parents may feel that their child is not ready to start school in the September following their fourth birthday. Parents are entitled to request in writing that:-
“If parents of summer born children wish to defer entry as outlined above and wish them to be admitted to the Reception Year in the term following their fifth birthday, rather than year 1, then parents should apply at the usual time for a place in September of the current academic year together with a written request that the child is admitted outside of his or her normal age group to the Reception Year in September the following year, providing supporting reasons for seeking a place outside of the normal age group. This should be discussed with the Head Teacher as soon as possible. If their request is agreed, and this should be clear before the national offer day, their application for the normal age group may be withdrawn before any place is offered and they should reapply in the normal way for a Reception place in the following year. If their request is refused, the parents must decide whether to wait for any offer of a place in the current academic year (NB it will still be subject to the over-subscription criteria in this policy) or to withdraw their application and apply for a year 1 place the following year. Parents should be aware that the Year 1 group may have no vacancies as it could be full with children transferring from the previous Reception Year group.
"Further information and advice on the admission of summer born children is available from [insert local authority details and check this is covered. If not, link to DFE guidance and admissions code]"
Admission outside of normal age range for junior, secondary and middle schools
For those schools that do not have a reception class, admission arrangements should still include details of how parents can apply for their child to be admitted outside of their normal age range (for example, children who are gifted and talented or need to have substantial time off for medical reasons) Suggested wording is:
“Parents may submit a request in writing for their child to be admitted outside of his or her normal age range together with supporting reasons for doing so. This should be discussed with the Head Teacher as soon as possible.”
Appeal where application is made outside of age range
You should also make clear that there is currently no right of appeal in the case where a place in a year group other than the normal year group has been refused, but a place has been offered in the normal year group. Suggested wording is below:-
“Requests from parents for places outside a normal age group will be considered carefully e.g. for those who have missed education due to ill health. Each case will be considered on its own merits and circumstances. However, such admissions will not normally be agreed without a consensus that to do so would be in the pupil’s interests. It is recommended that parents discuss their wishes with the head teacher in advance of applying for a place. The governors may ask relevant professionals for their opinion on the case. It should be noted that if a place in the requested age group is refused, but one in the normal age group is offered, then there is no right of appeal.”
Looked after children
The DfE issued new guidance in 2014 which added children adopted under an earlier Act to those adopted under the 2002 Act. This was included in the Code and must appear in all policies. Child arrangement orders have also replaced residence orders. Many of your policies will already reflect this, but if not, I would suggest the following wording is used or something similar when describing looked after children:-
“Looked-after children and children who were previously looked after, but ceased to be so because, immediately after being looked after, they became subject to an adoption, child arrangements or special guardianship order.
“Note: By a 'looked-after child' we mean one in the care of a local authority or being provided with accommodation by a local authority in the exercise of its social services function. An adoption order is one made under the Adoption Act 1976 (Section 12) or the Adoption and Children Act 2002 (Section 46) A ‘child arrangements order' is one settling the arrangements to be made as to the person with whom the child is to live (Children Act 1989, Section 8, as amended by the Children and Families Act 2014, Section 14) A ‘special guardianship order’ is one appointing one or more individuals to be a child’s special guardian/s (Children Act 1989, Section 14A) Applications under this criterion must be accompanied by evidence to show that the child is looked after or was previously looked after (e.g. a copy of the adoption, child arrangements or special guardianship order)”
Please note that the criterion can only apply to children adopted, subject to a child arrangements or special guardianship order immediately after being looked after. Children adopted from overseas or following private fostering arrangements do not qualify as they were not in the care of a local authority immediately prior to being adopted, etc. The only way in which such children could be given priority is under a medical/social criterion and, even then, they might not qualify.
Education, Health and Care Plans
Because these are now beginning to replace Statements of SEN, the introduction to the over-subscription criteria should include a section along the following lines:
“Children with a Statement of Special Educational Need or with an Education, Health and Care (EHC) plan naming ............... School will always be offered places. If there is then greater demand for admission than there are places available, the following criteria will be applied in the order set out below:"
The key point is that the policies should expressly state both Statement of SEN and Education, Health and Care plan. Again, I know many of your policies already do this.
Any other changes to the over subscription criteria would need to be consulted on in the usual way and in accordance with the set consultation timescales.
If you have any queries about admissions, please contact Liane Atkin at: liane.atkin@drmnewcanglican.org
Date of Code
Please ensure that your admissions policies now refer to the 2014 Code (not the 2012 one)
Admission outside of normal age range
There is the right to request deferment of entry to school until after a child reaches compulsory school age. The code also makes it clear that the admission arrangements should state how a parent can make a request for a child to be admitted outside of their normal age range. After conversations with some of you I think many of our schools would appreciate wording making this process clear. This would apply for summer born children wishing to enter reception rather than year 1 after they turn 5. I would suggest wording as follows:-
“Admission of children below compulsory school age and deferred entry to school
The School Admissions Code requires school admission authorities to provide for the admission of all children in the September following their fourth birthday. However, a child is not required to start school until they have reached compulsory school age following their fifth birthday. For summer born children (those born after 1st April) this can sometimes be almost a full school year after the point at which they could first be admitted.
"Some parents may feel that their child is not ready to start school in the September following their fourth birthday. Parents are entitled to request in writing that:-
- their child attends part-time until they reach compulsory school age, or
- that the date their child is admitted to school is deferred until later in the same academic year or until the term in which the child reaches compulsory school age (the school will hold any deferred place for the child, although, in the majority of cases, we find that children benefit from starting at the beginning of the school year, rather than part way through it), or
- that the date their child is admitted to school is deferred until the term after the child reaches compulsory school age
“If parents of summer born children wish to defer entry as outlined above and wish them to be admitted to the Reception Year in the term following their fifth birthday, rather than year 1, then parents should apply at the usual time for a place in September of the current academic year together with a written request that the child is admitted outside of his or her normal age group to the Reception Year in September the following year, providing supporting reasons for seeking a place outside of the normal age group. This should be discussed with the Head Teacher as soon as possible. If their request is agreed, and this should be clear before the national offer day, their application for the normal age group may be withdrawn before any place is offered and they should reapply in the normal way for a Reception place in the following year. If their request is refused, the parents must decide whether to wait for any offer of a place in the current academic year (NB it will still be subject to the over-subscription criteria in this policy) or to withdraw their application and apply for a year 1 place the following year. Parents should be aware that the Year 1 group may have no vacancies as it could be full with children transferring from the previous Reception Year group.
"Further information and advice on the admission of summer born children is available from [insert local authority details and check this is covered. If not, link to DFE guidance and admissions code]"
Admission outside of normal age range for junior, secondary and middle schools
For those schools that do not have a reception class, admission arrangements should still include details of how parents can apply for their child to be admitted outside of their normal age range (for example, children who are gifted and talented or need to have substantial time off for medical reasons) Suggested wording is:
“Parents may submit a request in writing for their child to be admitted outside of his or her normal age range together with supporting reasons for doing so. This should be discussed with the Head Teacher as soon as possible.”
Appeal where application is made outside of age range
You should also make clear that there is currently no right of appeal in the case where a place in a year group other than the normal year group has been refused, but a place has been offered in the normal year group. Suggested wording is below:-
“Requests from parents for places outside a normal age group will be considered carefully e.g. for those who have missed education due to ill health. Each case will be considered on its own merits and circumstances. However, such admissions will not normally be agreed without a consensus that to do so would be in the pupil’s interests. It is recommended that parents discuss their wishes with the head teacher in advance of applying for a place. The governors may ask relevant professionals for their opinion on the case. It should be noted that if a place in the requested age group is refused, but one in the normal age group is offered, then there is no right of appeal.”
Looked after children
The DfE issued new guidance in 2014 which added children adopted under an earlier Act to those adopted under the 2002 Act. This was included in the Code and must appear in all policies. Child arrangement orders have also replaced residence orders. Many of your policies will already reflect this, but if not, I would suggest the following wording is used or something similar when describing looked after children:-
“Looked-after children and children who were previously looked after, but ceased to be so because, immediately after being looked after, they became subject to an adoption, child arrangements or special guardianship order.
“Note: By a 'looked-after child' we mean one in the care of a local authority or being provided with accommodation by a local authority in the exercise of its social services function. An adoption order is one made under the Adoption Act 1976 (Section 12) or the Adoption and Children Act 2002 (Section 46) A ‘child arrangements order' is one settling the arrangements to be made as to the person with whom the child is to live (Children Act 1989, Section 8, as amended by the Children and Families Act 2014, Section 14) A ‘special guardianship order’ is one appointing one or more individuals to be a child’s special guardian/s (Children Act 1989, Section 14A) Applications under this criterion must be accompanied by evidence to show that the child is looked after or was previously looked after (e.g. a copy of the adoption, child arrangements or special guardianship order)”
Please note that the criterion can only apply to children adopted, subject to a child arrangements or special guardianship order immediately after being looked after. Children adopted from overseas or following private fostering arrangements do not qualify as they were not in the care of a local authority immediately prior to being adopted, etc. The only way in which such children could be given priority is under a medical/social criterion and, even then, they might not qualify.
Education, Health and Care Plans
Because these are now beginning to replace Statements of SEN, the introduction to the over-subscription criteria should include a section along the following lines:
“Children with a Statement of Special Educational Need or with an Education, Health and Care (EHC) plan naming ............... School will always be offered places. If there is then greater demand for admission than there are places available, the following criteria will be applied in the order set out below:"
The key point is that the policies should expressly state both Statement of SEN and Education, Health and Care plan. Again, I know many of your policies already do this.
Any other changes to the over subscription criteria would need to be consulted on in the usual way and in accordance with the set consultation timescales.
If you have any queries about admissions, please contact Liane Atkin at: liane.atkin@drmnewcanglican.org
