School Standards and Framework Bill

School Standards and Framework Bill - continued	House of Commons
PART III, SCHOOL ADMISSIONS - continued

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	Admission numbers
Fixing admission numbers.	84. - (1) The admission authority for a maintained 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) Subject to section 1(4) (duty of local education authority and governing body to comply with limits on infant class sizes), 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; but before doing so the admission authority shall consult whichever of the governing body and the local education authority are not the admission authority.
	(3) Schedule 23 (determination, variation and review of standard numbers) shall have effect.
	(4) A proposal may be made to the admission authority in accordance with subsection (5) by whichever of the governing body and the local education authority are not the admission authority 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.
	(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 body 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 body making the proposal may, within 28 days of receiving the notice, make an application under paragraph 4(3) or 8(3) (as the case may be) of Schedule 23 for a decision increasing the relevant standard number.
	(8) Regulations may provide for the operation of subsection (1) and section 77(5) to be suspended to such extent as the Secretary of State considers appropriate for the purpose of enabling-
	(a) admission authorities to review under paragraph 11 of Schedule 23 any standard number applicable to admissions to an infant class at any maintained school, and
	(b) any application to reduce any such number under paragraph 4(4) or 8(4) (as the case may be) of that Schedule to be decided in accordance with that Schedule,
	following the imposition of any limit on class size for any such class by regulations under section 1 or any variation of any such limit.
	(9) Regulations under subsection (8) may provide for any suspension to apply-
	(a) in relation to such age groups,
	(b) for such period, and
	(c) subject to such conditions,
	as may be specified in the regulations; and in that subsection "infant class" has the meaning given by section 4.
	(10) 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.
	(11) Nothing in section 80 or 81 shall apply to the fixing of admission numbers under this section.
	Admission appeals
Appeal arrangements.	85. - (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 87 (directions for admission), and
	(b) in the case of a community or voluntary controlled school maintained by the authority, any decision made by or on behalf of the governing body refusing the child admission to the school.
	(2) The governing body of a foundation or voluntary aided 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 foundation or voluntary aided schools maintained by the same local education authority.
	(4) Schedule 24 has effect in relation to the making and hearing of appeals pursuant to arrangements made under this section.
	(5) The decision of an appeal panel on an appeal under Schedule 24 shall be binding on-
	(a) the local education authority or the governing body by whom 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, the governing body of a community or voluntary controlled school at which the appeal panel determines that a place should be offered to the child in question.
Appeals relating to children to whom section 78 applies.	86. - (1) Nothing in section 85(1) or (2) requires any arrangements to be made for enabling the parent of a child to appeal against a decision-
	(a) made by or on behalf of the admission authority for a maintained school, and
	(b) refusing the child admission to the school,
	in a case where, at the time when the decision is made, section 78(2) applies to the child.
	(2) Where a local education authority are the admission authority for a community or voluntary controlled school, the authority shall make arrangements for enabling the governing body of the school to appeal against any decision made by or on behalf of the authority to admit to the school a child to whom, at the time when the decision is made, section 78(2) applies.
	(3) Schedule 25 shall have effect in relation to the making and hearing of appeals pursuant to arrangements made under subsection (2).
	(4) The decision of an appeal panel on an appeal made pursuant to arrangements under subsection (2) shall be binding on the local education authority and the governing body.
	Power to direct admission of child to school
Direction to admit child to specified school.	87. - (1) The local education authority may give a direction under this section if, in the case of any child in their area, either (or both) of the following conditions is satisfied in relation to each school which is a reasonable distance from his home and provides suitable education, that is-
	(a) he has been refused admission to the school, or
	(b) he is permanently excluded from the school.
	(2) A direction under this section shall specify a school-
	(a) which is a reasonable distance from the child's home, and
	(b) from which the child is not permanently excluded.
	(3) A direction under this section shall, unless it is given on the determination of the Secretary of State under section 88(4), specify a school in the area referred to in subsection (1).
	(4) A direction under this section to admit a child shall not specify a school if his admission would result in prejudice of the kind referred to in section 77(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
	(5) Where a school is specified in a direction under this section, the governing body shall admit the child to the school.
	(6) Subsection (5) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
	(7) In this section "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
	(8) In this section and section 88 "school" means a maintained school.
Procedure for giving direction under section 87.	88. - (1) Before deciding to give a direction under section 87, the local education authority shall consult-
	(a) the parent of the child, and
	(b) the governing body of the school they propose to specify in the direction.
	(2) Where the local education authority decide to give such a direction specifying any school-
	(a) they shall, before doing so, serve a notice in writing of their decision on the governing body and head teacher of the school, and
	(b) they shall not give the direction until the period for referring the matter to the Secretary of State under subsection (3) has expired and, if it is so referred, the Secretary of State has made his determination.
	(3) The governing body may, within the period of 15 days beginning with the day on which the notice was served, refer the matter to the Secretary of State and, if they do so, shall inform the local education authority.
	(4) On a reference under subsection (3) the Secretary of State may determine which school is to be required to admit the child and, if he does so, that school shall be specified in the direction.
	(5) The Secretary of State shall not make a determination under subsection (4) in relation to a school if the child's admission to the school would result in prejudice of the kind referred to in section 77(3)(a) by reason of measures required to be taken as mentioned in subsection (4) of that section.
	(6) Where the local education authority give a direction specifying a school, they shall give notice in writing of that fact to the governing body and head teacher of the school.
	Nursery and special schools, etc.
Admission for nursery education or to nursery or special school.	89. - (1) Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.
	(2) The admission of children to a school for nursery education shall be disregarded for the purpose of-
	(a) applying in relation to a primary school any provision of section 84 or Schedule 23 which refers to the number of pupils admitted or intended to be admitted to a school in any school year, or
	(b) determining for the purposes of any provision of section 84 or Schedule 23 what is a relevant age group in relation to a primary school.
	(3) Subject to subsection (4), nothing in this Chapter applies in relation to-
	(a) nursery schools, or
	(b) children who will be under compulsory school age at the time of their proposed admission.
	(4) Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.
	(5) Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the local education authority and the governing body of such a school of functions in connection with such arrangements.
	(6) Apart from section 83(3) to (6) and subsection (5) above, nothing in this Chapter applies in relation to-
	(a) special schools, or
	(b) children for whom statements of special educational needs are maintained under section 324 of the Education Act 1996.

Prepared 4 December 1997