House of Commons portcullis
House of Commons
Session 2007 - 08
Internet Publications
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


 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Revised 14 May 2008