House of Commons Public Bill Committee Proceedings

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Report Stage Proceedings: 13th May 2008
442

Education and Skills Bill, continued

(b)
under section 88I(4)(b) or (5)(b) on whether admission

arrangements conform with the requirements relating to
310
admission arrangements, or

(c)
under section 88J(2) as to whether or not it would be appropriate

for changes to be made to admission arrangements.

(2)
Any decision of the adjudicator to which this subsection applies is

binding on—
315
(a)
the admission authority in question, and

(b)
all persons by whom an objection may be referred to the

adjudicator under section 88H(2) or (3) in relation to the

admission arrangements.

(3)
In the case of a decision mentioned in subsection (1)(a) or (b), the
320
adjudicator must publish a report containing the following—

(a)
the adjudicator’s decision on the objection or (as the case may

be) on whether the admission arrangements conform with the

requirements relating to admission arrangements,

(b)
the decision of the adjudicator under section 88J(2)(a), and any
325
decision of the adjudicator under section 88J(2)(b), on whether it

would be appropriate for changes to be made to the admission

arrangements,

(c)
any decision of the adjudicator—

(i)
under section 88J(4)(a) that a change is to be a protected
330
change for the purposes of section 88L, or

(ii)
under section 88J(4)(b) that a change is to be protected

only for such lesser number of school years as the

adjudicator may specify, and

(d)
the adjudicator’s reasons for the decisions mentioned in
335
paragraphs (a) to (c).

(4)
Regulations may make provision—

(a)
requiring an admission authority for a maintained school in

England to provide information which—

(i)
falls within a prescribed description, and
340
(ii)
is requested by the adjudicator for the purposes of the

exercise by the adjudicator of functions under sections

88H to 88J or this section or of enabling the adjudicator

to decide whether to exercise the power conferred by

section 88I(5);
345
(b)
as to the manner in which a report required to be published under

subsection (3) is to be published;

(c)
requiring such matters to be notified to such persons, and in such

manner, as may be prescribed;

(d)
prescribing circumstances in which an admission authority may
350
revise the admission arrangements for their school in the light of

any decision by the adjudicator relating to the admission

arrangements for another school, and the procedure to be

followed in such a case.

(5)
In sections 88I and 88J and this section “the requirements relating to
355
admission arrangements” means the requirements imposed by or under

this Part as to the content of admission arrangements for maintained

schools in England.

Report Stage Proceedings: 13th May 2008
443

Education and Skills Bill, continued

88L
Restriction on alteration of admission arrangements following

adjudicator’s decision
360
(1)
This section applies where—

(a)
in accordance with section 88J(3)(b) the admissions authority for

a maintained school in England have revised any provisions of

admission arrangements for a school year, and

(b)
the revisions include any protected change.
365
(2)
In this section—

“protected change” means a change which the adjudicator has decided

under section 88J(4)(a) is to be a protected change for the purposes of this

section;

“the protected provisions”, in relation to any admission arrangements,
370
means provisions corresponding to—

(c)
provisions so far as implementing a protected change, or

(d)
provisions so far as revised in accordance with regulations under

subsection (6);

“the required number” means such number as may be prescribed or such
375
lesser number as is specified by the adjudicator under section 88J(4)(b)

in relation to a particular protected change.

(3)
The admission authority for the school—

(a)
must incorporate the protected provisions in determining the

admission arrangements for each of the required number of
380
school years following the school year mentioned in subsection

(1)(a), and

(b)
may not vary those arrangements in such a way as to alter the

protected provisions.

(4)
Subsection (3) does not apply to the extent that—
385
(a)
the admission authority are required to determine or vary their

admission arrangements in a way which alters the protected

provisions in order to comply with any duty imposed on them by

regulations under section 88B, or

(b)
the arrangements may be determined or varied in a way which
390
alters those provisions in accordance with regulations under

subsection (6).

(5)
Regulations may exclude or modify any provision of section 88C, 88E or

88F in its application to cases to which this section applies.

(6)
Regulations may prescribe circumstances in which, in a case where this
395
section applies, an admission authority may refer to the adjudicator

proposals to determine or vary their admission arrangements in a way

which alters the protected provisions.

(7)
Regulations may make provision as to the determination by the

adjudicator of any reference made by virtue of subsection (6).
400
88M
Co-ordination of admission arrangements

(1)
Regulations may require a local education authority in England—

(a)
to formulate, for any academic year in relation to which

prescribed conditions are satisfied, a qualifying scheme for co-

ordinating the arrangements for the admission of pupils to
405
maintained schools in their area, and

Report Stage Proceedings: 13th May 2008
444

Education and Skills Bill, continued

(b)
to take prescribed action with a view to securing the adoption of

the scheme by themselves and each governing body who are the

admission authority for a maintained school in their area.

(2)
Subject to subsection (3), the Secretary of State may make, in relation to
410
the area of a local education authority in England and an academic year,

a scheme for co-ordinating the arrangements, or assisting in the co-

ordination of the arrangements, for the admission of pupils to maintained

schools in that area.

(3)
A scheme may not be made under subsection (2) in relation to a local
415
education authority and an academic year if, before the prescribed date in

the year preceding the year in which that academic year commences—

(a)
a scheme formulated by the local education authority in

accordance with subsection (1) is adopted in the prescribed

manner by the persons mentioned in paragraph (b) of that
420
subsection, and

(b)
the authority provide the Secretary of State with a copy of the

scheme and inform the Secretary of State that the scheme has

been so adopted.

(4)
Regulations may provide—
425
(a)
that each local education authority in England must secure that,

subject to such exceptions as may be prescribed, no decision

made by any admission authority for a maintained school in their

area to offer or refuse a child admission to the school is to be

communicated to the parent of the child except on a single day,
430
designated by the local education authority, in each year, or

(b)
that, subject to such exceptions as may be prescribed, a decision

made by the admission authority for a maintained school in

England to offer or refuse a child admission to the school is not

to be communicated to the parent of the child except on a
435
prescribed day.

(5)
In this section

“academic year” means a period commencing with 1st August and ending

with the next 31st July;

“qualifying scheme” means a scheme that meets prescribed requirements.
440
(6)
Nothing in this section applies in relation to arrangements for the

admission to maintained schools of pupils—

(a)
who—

(i)
have ceased to be of compulsory school age, or

(ii)
will have ceased to be of compulsory school age before
445
education is provided for them at the school, or

(b)
for the purpose of receiving sixth form education.

88N
Further provision about schemes adopted or made by virtue of section

88M

(1)
Regulations may make provision about the contents of schemes under
450
section 88M(2), including provision about the duties that may be

imposed by such schemes on—

(a)
local education authorities in England, and

(b)
the admission authorities for maintained schools in England.

Report Stage Proceedings: 13th May 2008
445

Education and Skills Bill, continued

(2)
Regulations may provide that where a local education authority in
455
England or the governing body of a maintained school in England have,

in such manner as may be prescribed, adopted a scheme formulated by a

local education authority for the purpose mentioned in section

88M(1)(a), sections 496 and 497 of the Education Act 1996 (c. 56) are to

apply as if any obligations imposed on the local education authority or
460
governing body under the scheme were duties imposed on them by that

Act.

(3)
Regulations may provide that where any decision as to whether a child is

to be granted or refused admission to a maintained school in England

falls to be made in prescribed circumstances, the decision must, if a
465
scheme adopted or made by virtue of section 88M so provides, be made

by the local education authority regardless of whether they are the

admission authority for the school.

(4)
Where any decision as to whether a child is to be granted or refused

admission to a maintained school is (by virtue of regulations under
470
subsection (3)) made by the local education authority although they are

not the admission authority, the governing body of the school must

implement the decision.

(5)
Before proposing a scheme for adoption under section 88M(1) a local

education authority must comply with such requirements as to
475
consultation as may be prescribed.

(6)
Regulations under subsection (5) may in particular require consultations

to be undertaken with a view to securing that the arrangements for the

admission of pupils to maintained schools in the areas of different local

education authorities are, so far as is reasonably practicable, compatible
480
with each other.

(7)
Before making a scheme under section 88M(2) in relation to the area of

any local education authority, the Secretary of State must consult—

(a)
the local education authority, and

(b)
any governing body who are the admission authority for a school
485
which appears to the Secretary of State to be a school to which

the scheme will apply.

(8)
A scheme made under section 88M(2) may be varied or revoked by the

Secretary of State.

88O
Sharing of information by local education authorities
490
The Secretary of State may by regulations require local education

authorities in England to provide other local education authorities with

such information as may be required by them in connection with the

exercise of any of their functions under this Chapter.

88P
Reports by local education authorities to adjudicator
495
(1)
A local education authority in England must make such reports to the

adjudicator about such matters connected with relevant school

admissions as may be prescribed.

(2)
In subsection (1) “relevant school admissions”, in relation to a local

education authority, means—
500
(a)
the admission of pupils to relevant schools in the authority’s

area;

Report Stage Proceedings: 13th May 2008
446

Education and Skills Bill, continued

(b)
the admission of pupils in the authority’s area to other relevant

schools;

(c)
the entry to the sixth form of pupils who have been admitted to
505
relevant schools in the authority’s area; and

(d)
the entry to the sixth form of pupils in the authority’s area who

have been admitted to other relevant schools.

(3)
In this section, “relevant school” means—

(a)
a maintained school,
510
(b)
an Academy,

(c)
a city technology college, or

(d)
a city college for the technology of the arts.

(4)
The matters which may be prescribed under subsection (1) in relation to

a report by a local education authority include, in particular, matters
515
relating to—

(a)
the determination and operation of admission arrangements for

maintained schools in the area of the local education authority;

(b)
the determination and operation of arrangements for the

admission of pupils to Academies, city technology colleges and
520
city colleges for the technology of the arts in the area of the local

education authority;

(c)
the adoption and operation of any scheme, whether or not

formulated by the local education authority and whether under

section 88M or otherwise, for co-ordinating—
525
(i)
the admission of pupils to relevant schools in their area,

(ii)
the admission of pupils in their area to other relevant

schools.

(5)
Regulations under subsection (1) may make provision as to—

(a)
the time by which any report under that subsection must be
530
made; and

(b)
the form and content of any such report;


and may, in particular, require a report to include a statement as to

whether or not admission arrangements for maintained schools in the

area of the local education authority conform with the requirements
535
imposed by or under this Part as to the content of admission arrangements

for maintained schools in England.

88Q
Reports under section 88P: provision of information

(1)
A relevant person must, on request, provide a local education authority in

England with such information as the authority may reasonably require
540
for the purpose of enabling the authority to fulfil their duties under

section 88P.

(2)
In subsection (1), “relevant person”, in relation to a local education

authority, means—

(a)
an admission authority (other than the local education authority)
545
for a maintained school in the area of the local education

authority;

(b)
the admission forum for the area of the local education authority;

(c)
any member of an appeal panel constituted under section 94

by—
550
(i)
the local education authority, or

Report Stage Proceedings: 13th May 2008
447

Education and Skills Bill, continued

(ii)
the governing body of a foundation or voluntary aided

school in the area of the local education authority;

(d)
the proprietor of—

(i)
an Academy,
555
(ii)
a city technology college, or

(iii)
a city college for the technology of the arts,


in the area of the local education authority;

(e)
any other local education authority in England;

(f)
such other person as may be prescribed.’.

As Amendments to Secretary Ed Balls’ proposed New Clause (Admission

arrangements) (NC14):—

Mr David Chaytor

Paul Holmes

Not called  (a)

Line  10,  after ‘schools’, insert ‘and academies’.

Mr David Chaytor

Paul Holmes

Not called  (b)

Line  17,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (c)

Line  42,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (d)

Line  56,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (e)

Line  244,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (f)

Line  337,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (g)

Line  362,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (h)

Line  405,  after ‘schools’, insert ‘and academies’.

Report Stage Proceedings: 13th May 2008
448

Education and Skills Bill, continued

Mr David Chaytor

Paul Holmes

Not called  (i)

Line  408,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (j)

Line  413,  after ‘schools’, insert ‘and academies’.

Mr David Chaytor

Paul Holmes

Not called  (k)

Line  427,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (l)

Line  432,  after ‘school’, insert ‘and academy’.

Mr David Chaytor

Paul Holmes

Not called  (m)

Line  494,  at end insert ‘and admission forum’.

Mr David Chaytor

Paul Holmes

Not called  (n)

Line  527,  at end insert—

‘(d)
the number and percentages of first, second and third preferences

expressed in accordance with arrangements made under section 86(1) of

the School Standards and Framework Act (or more if applicable) which

were met and the main factors that affected whether such preferences

were met;

(e)
the number of appeals made to the appeal panel within the area of the

authority;

(f)
the ethnic and social mix of pupils attending schools in the area of the

authority and the factors that affect this;

(g)
the extent to which existing and proposed admission arrangements serve

the interests of looked after children, children with disabilities and

children with special educational needs;

(h)
how well the admission forum protocol has worked and how many

children have been admitted to each school under the protocol;

(i)
whether primary schools are meeting their statutory duties in relation to

infant class sizes;

(j)
details of other matters that might affect how fairly admission

arrangements serve the interests of children and parents within the

authority; and