|
| |
|
arrangements) after subsection (1) insert— |
| |
“(1ZA) | This section has effect subject to sections 89D and 90A (restrictions on |
| |
alteration of admission arrangements in England).” |
| |
(2) | After section 89C of SSFA 1998 insert— |
| |
“89D | Power to restrict alteration of admission arrangements following |
| 5 |
establishment or expansion |
| |
(1) | Subsection (2) applies in relation to a maintained school in England |
| |
| |
(a) | proposals for the establishment of, or the making of a |
| |
prescribed alteration to, the school have been published under |
| 10 |
Part 2 of the Education and Inspections Act 2006 or under |
| |
section 113A of, or Schedule 7 to, the Learning and Skills Act |
| |
| |
(b) | in the case of proposals for the making of a prescribed alteration |
| |
to the school, the proposals are for an increase in the number of |
| 15 |
pupils that may be admitted to the school or for an enlargement |
| |
| |
(c) | the proposals fall to be implemented (with or without |
| |
| |
(d) | prescribed conditions are satisfied. |
| 20 |
(2) | Regulations may provide that, where this subsection applies in relation |
| |
| |
(a) | the admission arrangements for the initial period (as defined by |
| |
subsection (7)) and each of a prescribed number of school years |
| |
following that period are to be the arrangements which fall to be |
| 25 |
implemented in accordance with the proposals (or in |
| |
accordance with the proposals as modified), and |
| |
(b) | those arrangements may not be varied by the admission |
| |
authority for the school except— |
| |
(i) | to comply with any duty imposed on them by |
| 30 |
regulations under section 89(1A), or |
| |
(ii) | in accordance with regulations under subsection (5). |
| |
(3) | Regulations under subsection (2) may exclude or modify any provision |
| |
of section 89 (other than section 89(1A)) in its application to cases to |
| |
which the regulations apply. |
| 35 |
(4) | Regulations under subsection (2) may provide that in cases to which |
| |
the regulations apply the admission arrangements which fall to be |
| |
implemented in accordance with the proposals (or in accordance with |
| |
the proposals as modified) are to be treated for the purposes of section |
| |
86(5) to (5B) as having been determined by the admission authority |
| 40 |
| |
(5) | Regulations may prescribe circumstances in which an admission |
| |
authority may refer to the adjudicator proposals to vary admission |
| |
arrangements in cases to which regulations under subsection (2) apply. |
| |
(6) | Regulations may make provision as to the determination by the |
| 45 |
adjudicator of any reference made by virtue of subsection (5). |
| |
| |
|
| |
|
| |
|
| |
(a) | in relation to a maintained school which is being |
| |
established, the period beginning with the day on which |
| |
the school opens and ending with the beginning of the |
| |
first school term to begin after the following July; |
| 5 |
(b) | in relation to a maintained school which is increasing |
| |
the number of pupils that may be admitted to the school |
| |
or enlarging its premises, the period beginning with the |
| |
first day on which additional pupils may be admitted or |
| |
(as the case may be) the enlarged premises are in use and |
| 10 |
ending with the beginning of the first school term to |
| |
begin after the following July; |
| |
“prescribed alteration” means an alteration prescribed for the |
| |
purposes of section 18 of the Education and Inspections Act |
| |
| 15 |
(3) | After section 90 of SSFA 1998 insert— |
| |
“90A | Restriction on alteration of admission arrangements following |
| |
| |
(1) | Where in accordance with section 90(8) the admission authority for a |
| |
maintained school in England have revised any provisions of |
| 20 |
admission arrangements for a school year, this section applies except to |
| |
the extent that the adjudicator or the Secretary of State determined |
| |
under section 90(5B)(c), in relation to any change required, that this |
| |
section was not to apply. |
| |
| 25 |
“the protected provisions” in relation to any admission |
| |
arrangements, means provisions corresponding to those |
| |
revised in accordance with section 90(8) or regulations under |
| |
subsection (6) (as so revised); |
| |
“the required number” means such number as may be prescribed |
| 30 |
or such lesser number as is specified by the adjudicator or the |
| |
Secretary of State under section 90(5B)(c) in relation to a |
| |
| |
(3) | The admission authority for the school— |
| |
(a) | must incorporate the protected provisions in determining the |
| 35 |
admission arrangements for each of the required number of |
| |
school years following the school year in relation to which the |
| |
revision in accordance with section 90(8) was made, and |
| |
(b) | may not vary those arrangements in such a way as to alter the |
| |
| 40 |
(4) | Subsection (3) does not apply to the extent that— |
| |
(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 89(1A), or |
| 45 |
(b) | the arrangements may be determined or varied in a way which |
| |
alters those provisions in accordance with regulations under |
| |
| |
|
| |
|
| |
|
(5) | Regulations may exclude or modify any provision of section 89 (other |
| |
than section 89(1A)) in its application to cases to which this section |
| |
| |
(6) | Regulations may prescribe circumstances in which an admission |
| |
authority to whom subsection (3) applies may refer to the adjudicator |
| 5 |
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).” |
| |
47 | Objections to admission arrangements |
| 10 |
(1) | Section 90 of SSFA 1998 (reference of objections to adjudicator or Secretary of |
| |
State) is amended as follows. |
| |
(2) | After subsection (5) insert— |
| |
“(5A) | Where the adjudicator or the Secretary of State is required by virtue of |
| |
subsection (3)(a) or (b) or (5)(c) to decide whether to uphold an |
| 15 |
objection to admission arrangements, he may consider whether it |
| |
would be appropriate for changes to be made to any aspect of the |
| |
admission arrangements, whether or not he would be required to do so |
| |
for the purpose of determining the objection. |
| |
(5B) | In the case of any objection referred to him under this section, the |
| 20 |
adjudicator or the Secretary of State (as the case may be) must publish |
| |
a report containing the following— |
| |
(a) | his decision on the objection, |
| |
(b) | any decision he has made on whether it would be appropriate |
| |
for changes to be made to the admission arrangements, whether |
| 25 |
in the light of his decision on the objection or otherwise, |
| |
(c) | if, in relation to a maintained school in England, he considers |
| |
that any change required ought not to be protected under |
| |
section 90A for the number of school years prescribed under |
| |
section 90A(2), that section 90A is not to apply to that change or |
| 30 |
that the change will be protected only for such lesser number of |
| |
school years as he may specify, and |
| |
(d) | his reasons for the decisions mentioned in paragraphs (a) to (c). |
| |
(5C) | Where the adjudicator or the Secretary of State (as the case may be) |
| |
decides that it would be appropriate for changes to be made to the |
| 35 |
admission arrangements, his decision may specify the modifications |
| |
that are to be made to the arrangements.” |
| |
(3) | Subsections (6) and (7) are omitted. |
| |
(4) | For subsection (8) substitute— |
| |
“(8) | The decisions of the adjudicator or the Secretary of State mentioned in |
| 40 |
subsection (5B)(a) and (b) shall, in relation to the admission |
| |
arrangements in question, be binding on the admission authority and |
| |
on all persons by whom an objection may be made under subsection (1) |
| |
or (2); and, if the adjudicator or the Secretary of State has decided that |
| |
it would be appropriate for changes to be made to the admission |
| 45 |
|
| |
|
| |
|
arrangements, those arrangements shall forthwith be revised by the |
| |
admission authority in such a way as to give effect to the decision.” |
| |
| |
(a) | after paragraph (b) insert— |
| |
“(ba) | requiring an admission authority for a maintained |
| 5 |
school in England to provide information which— |
| |
(i) | falls within a prescribed description, and |
| |
(ii) | is requested by the adjudicator or the Secretary |
| |
of State for the purposes of his functions under |
| |
| 10 |
(b) | in paragraph (c) for “any matters required to be published under |
| |
subsection (7) are” substitute “a report required to be published under |
| |
| |
(6) | Omit subsection (10) (which has the effect of requiring certain cases to be |
| |
referred by the adjudicator to the Secretary of State). |
| 15 |
48 | Looked after children to whom section 87(2) of SSFA 1998 applies |
| |
(1) | In section 95 of SSFA 1998 (appeals relating to children to whom section 87(2) |
| |
applies) after subsection (2) insert— |
| |
“(2A) | Subsection (2) does not apply in relation to a decision made by or on |
| |
behalf of a local education authority in England to admit to a school a |
| 20 |
child who is looked after by a local authority in England (provision for |
| |
references to the adjudicator in relation to such a decision being made |
| |
| |
(2) | After that section insert— |
| |
“95A | References relating to looked after children to whom section 87(2) |
| 25 |
| |
(1) | This section applies where— |
| |
(a) | a local education authority in England are the admission |
| |
authority for a community or voluntary controlled school, and |
| |
(b) | a decision is made by or on behalf of the authority to admit to |
| 30 |
the school a child who, at the time when the decision is made, is |
| |
looked after by a local authority in England and to whom (at |
| |
that time) section 87(2) applies. |
| |
(2) | The local education authority must give notice of the decision to the |
| |
governing body of the school. |
| 35 |
(3) | The governing body of the school may, within the period of seven days |
| |
beginning with the day on which they are notified of the decision, refer |
| |
the matter to the adjudicator. |
| |
(4) | A reference under subsection (3) may only be made on the ground that |
| |
the admission of the child to the school would seriously prejudice the |
| 40 |
provision of efficient education or the efficient use of resources. |
| |
(5) | If the adjudicator determines that the admission of the child to the |
| |
school would have the effect mentioned in subsection (4)— |
| |
(a) | the decision to admit the child to the school shall cease to have |
| |
| 45 |
|
| |
|
| |
|
(b) | the adjudicator may determine that another maintained school |
| |
in England is to be required to admit the child. |
| |
(6) | A determination under subsection (5)(b) may only be made with the |
| |
agreement of the local authority who look after the child. |
| |
(7) | A determination under subsection (5)(b) may not be made if— |
| 5 |
(a) | the child is permanently excluded from the other school, or |
| |
(b) | the admission of the child to the other school would seriously |
| |
prejudice the provision of efficient education or the efficient use |
| |
| |
(8) | If the adjudicator determines under subsection (5)(b) that another |
| 10 |
school is to be required to admit the child— |
| |
(a) | the admission authority for the school shall admit the child to |
| |
| |
(b) | if the admission authority are not the governing body of the |
| |
school, the admission authority shall give notice in writing to |
| 15 |
the governing body and head teacher of the school of the |
| |
| |
(9) | Regulations may make provision— |
| |
(a) | requiring the adjudicator to consult prescribed persons or |
| |
persons of a prescribed description before making any |
| 20 |
determination in connection with a reference under this section; |
| |
(b) | requiring an admission authority for a maintained school to |
| |
provide information which— |
| |
(i) | falls within a prescribed description, and |
| |
(ii) | is requested by the adjudicator for the purposes of any |
| 25 |
| |
49 | Procedure for giving directions under section 96 of SSFA 1998 |
| |
In section 97 of SSFA 1998 (procedure for giving directions under section 96)— |
| |
(a) | in subsection (2)(b)— |
| |
(i) | for “the Secretary of State” (in both places where it occurs) |
| 30 |
substitute “the appropriate authority”, and |
| |
(ii) | for “his determination” substitute “its determination”, |
| |
(b) | in subsection (3), for “the Secretary of State” substitute “the appropriate |
| |
| |
| 35 |
(i) | for “the Secretary of State” substitute “the appropriate |
| |
| |
(ii) | for “if he does so” substitute “if it does so”, and |
| |
(iii) | in paragraph (a)(ii) for “the Secretary of State’s” substitute “the |
| |
appropriate authority’s”, |
| 40 |
(d) | in subsection (5) for “The Secretary of State” substitute “The |
| |
appropriate authority”, and |
| |
(e) | after subsection (6) insert— |
| |
“(6A) | In this section, “the appropriate authority” means— |
| |
(a) | in relation to a local education authority in England, the |
| 45 |
| |
|
| |
|
| |
|
(b) | in relation to a local education authority in Wales, the |
| |
| |
50 | Direction to admit looked after child to specified school |
| |
(1) | After section 97 of SSFA 1998 insert— |
| |
“97A | Direction to admit looked after child to specified school |
| 5 |
(1) | A local authority in England may, in relation to a child looked after by |
| |
them, give a direction under this section to the admission authority for |
| |
any school in England other than a school for which the local authority |
| |
are the admission authority. |
| |
(2) | A direction under this section shall not specify a school from which the |
| 10 |
child is permanently excluded. |
| |
(3) | Where a school is specified in a direction under this section, the |
| |
admission authority shall admit the child to the school. |
| |
(4) | Subsection (3) does not affect any power to exclude from a school a |
| |
pupil who is already a registered pupil there. |
| 15 |
97B | Procedure for giving direction under section 97A |
| |
(1) | Before deciding to give a direction under section 97A, the local |
| |
authority shall consult the admission authority for the school they |
| |
propose to specify in the direction. |
| |
(2) | The admission authority for the school shall, within the period of seven |
| 20 |
days beginning with the day on which they are consulted as mentioned |
| |
in subsection (1), inform the local authority whether they are willing to |
| |
admit the child to the school without being directed to do so by the |
| |
| |
(3) | Where the local authority decide to give a direction under section 97A |
| 25 |
| |
(a) | they shall, before doing so, serve a notice in writing of their |
| |
| |
(i) | the admission authority for the school, |
| |
(ii) | if the school is a community or voluntary controlled |
| 30 |
school and the governing body of the school are not the |
| |
admission authority, the governing body of the school, |
| |
(iii) | if the school is maintained by a local education authority |
| |
who are not the authority proposing to give the |
| |
direction and are not the admission authority, the local |
| 35 |
education authority who maintain the school, and |
| |
(iv) | the head teacher of the school, and |
| |
(b) | they shall not give the direction until the period for referring the |
| |
matter to the adjudicator under subsection (4) has expired and, |
| |
if it is so referred, until the adjudicator has made such |
| 40 |
determinations under this section as it appears to him to be |
| |
appropriate to make in connection with the reference. |
| |
(4) | The following persons— |
| |
(a) | the admission authority on whom a notice is served under |
| |
subsection (3)(a)(i), and |
| 45 |
|
| |
|
| |
|
(b) | in the case of a notice relating to a child to whom (at the time of |
| |
service of the notice) section 87(2) applies, the governing body |
| |
of a community or voluntary controlled school on whom the |
| |
notice is served under subsection (3)(a)(ii), |
| |
| may, within the period of seven days beginning with the day on which |
| 5 |
the notice was served, refer the matter to the adjudicator and, if they do |
| |
so, shall inform the local authority. |
| |
(5) | A reference under subsection (4) may only be made on the ground that |
| |
the admission of the child to the school would seriously prejudice the |
| |
provision of efficient education or the efficient use of resources. |
| 10 |
(6) | If the adjudicator determines that the admission of the child to the |
| |
school would have the effect mentioned in subsection (5)— |
| |
(a) | the local authority may not give a direction under section 97A |
| |
that the school admit the child, but |
| |
(b) | the adjudicator may determine that another school in England |
| 15 |
is to be required to admit the child. |
| |
(7) | A determination under subsection (6)(b) may only be made with the |
| |
agreement of the local authority who look after the child. |
| |
(8) | A determination under subsection (6)(b) may not be made if— |
| |
(a) | the child is permanently excluded from the other school, or |
| 20 |
(b) | the admission of the child to the other school would seriously |
| |
prejudice the provision of efficient education or the efficient use |
| |
| |
(9) | If the adjudicator determines under subsection (6)(b) that another |
| |
school is to be required to admit the child, then— |
| 25 |
(a) | if the local authority referred to in subsection (1) are the |
| |
admission authority for that school they shall— |
| |
(i) | admit the child to the school, and |
| |
(ii) | give notice in writing to the governing body and head |
| |
teacher of the school of the adjudicator’s decision, and |
| 30 |
(b) | in any other case, the local authority shall specify that school in |
| |
their direction under section 97A. |
| |
(10) | A direction under section 97A shall be given by notice in writing and a |
| |
copy of the notice shall be given by the local authority to the head |
| |
| 35 |
(2) | In section 84 of SSFA 1998, after subsection (6) (which defines terms used in |
| |
Chapter 1 of Part 3 of that Act) insert— |
| |
“(7) | In this Chapter, references to a child who is looked after by a local |
| |
authority are to be read in accordance with section 22(1) of the Children |
| |
| 40 |
(3) | In section 89 of SSFA 1998, in subsection (1A) omit the words “(within the |
| |
meaning of section 22 of the Children Act 1989)”. |
| |
(4) | In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter |
| |
1 of Part 3 but not in sections 96 and 97)” insert— |
| |
|
| |
|