Decision details

Determination of School Admission Arrangements 2020/21

Decision Maker: Executive Cabinet

Decision status: Recommendations approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

To determine the admission arrangements for community and voluntary schools for September 2020

Decision:

SERVICE AREA:

Children’s Services

SUBJECT MATTER:

PRIMARY, JUNIOR AND SECONDARY SCHOOL ADMISSION ARRANGEMENTS – DETERMINATION OF ADMISSION ARRANGEMENTS FOR 2019/20

DECISION:

That Executive Cabinet be recommended to approve the

determination of admission arrangements for all Tameside

community and voluntary controlled schools for 2020/21 without change from those that applied for admission in 2019/20

DECISION TAKER(S):

Executive Cabinet

DATE OF DECISION:

23 January 2019

REASON FOR DECISION:

To ensure the Councils meets its legal obligations with regard to admission arrangements and published admission numbers for Tameside community, and voluntary controlled schools for admission in September 2019.

ALTERNATIVE OPTIONS REJECTED (if any):

Recommendations took into consideration statuary consultation requirements as well as the needs of projected population for future years.

CONSULTEES:

As the admission arrangements have not changed this year and the previous consultation was in 2017 for admission in September 2019, less than 7 years ago, consultation is not required. Consultation is required every 7 years, even if there have been no changes in that time.

FINANCIAL IMPLICATIONS:

(Authorised by Section 151 Officer)

The place planning within the borough, will present financial challenge for schools as the pupil population starts to drop as the authority and schools are funded on a per pupil basis.  Place planning is kept under review and close working between the admissions team and finance will be necessary to ensure schools are supported effectively where they are likely to see a drop in future funding.

LEGAL IMPLICATIONS:

(Authorised by Borough Solicitor)

The Council as admission authority for community and voluntary controlled schools in its area, must before the beginning of each school year determine the admission arrangements which are to apply for that year (section 88C of the School Standards and Framework Act 1998 (“SSFA”)).

 

The Council has a duty to act in accordance with the School

Admissions Code (the Code); issued under section 84 of SSFA 1998, and must ensure that its determined admission arrangements comply with the mandatory provisions of the Code.

 

The Code is periodically reviewed by the Department of Education (last reviewed on 17 September 2015). Any changes to the Code should be adopted into working practices to ensure compliance.

 

While it is for the Council to decide the admission arrangements that best suits its residents and its schools, it must ensure the arrangements comply with law and regulations.

 

Under section 86(1) of the SSFA 1998, parents have a right to express a preference for the school in which their child is to be educated. However, some schools may have more applicants than places and will therefore be oversubscribed. Section 1 of the Code provides guidelines and imposes mandatory requirements on setting fair oversubscription criteria, as part of admission arrangements, to be used to allocate places when a school is oversubscribed. This includes named feeder or partner schools. The selection of a feeder school or schools as an oversubscription criterion must be transparent and made on reasonable grounds.

 

The Council must if changing the admission arrangements conclude a statutory consultation over a 6 week period between 1 October and 31 January. Paragraph 2.2 of the report identifies the bodies consulted with during this exercise. Under paragraph 1.44 of the Code, Page 18 the Council is also required to consult all other admission authorities within the relevant area.  As the admission arrangements have not changed this year and the previous consultation was in 2017 for admission in September 2019, less than 7 years ago, consultation is not required. Consultation is required every 7 years, even if there have been no changes in that time.

 

The Council must then determine its admission arrangements,

including its oversubscription criteria by the 28 February in the determination year (see section 88C of the SSFA 1998 and regulation 17 of the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012.

 

For a community or voluntary controlled school, the local authority (as admission authority) must consult at least the governing body of the school where it proposes either to increase or keep the same Published Admission Number.

Under the Code each admission authority must maintain a clear, fair and objective waiting list until at least 31 December of each school year of admission, stating in their arrangements that each added child will require the list to be ranked again in line with the published oversubscription criteria.

 

If the Council does not notify the Secretary of State that it has adopted a co-ordinated scheme by the 28 February the Secretary of State may impose one (see paragraph 2.20, page 26 of the Code). The Council must then follow the determined published admission arrangements. Failure to do so would amount to a breach of the Council’s statutory duty (see paragraph 2.7, page 22 of the Code).

 

Section 13A of the Education Act 1996 requires Local Authorities to ensure that their education functions are exercised with a view to promoting high standards, ensuring fair access to educational opportunity, and promoting the fulfilment by every child concerned of his educational potential. The Council has a statutory duty under section 14(3A) of the Education Act 1996 to secure diversity and increase opportunities for parental choice when planning the provision of school places.

 

Members will note that the sums quoted for works are estimates and that further work is required to confirm the figures as a matter of urgency as these will inform the report to Executive Cabinet and the recommendations required to confirm those works.

 

Failure to determine admission arrangements and a coordinated admissions scheme by 15 March 2019 could result in the Secretary of State imposing admissions arrangements on the Council and lead to the displacement of children from community high schools.

CONFLICT OF INTEREST:

There were no declarations of interest.

DISPENSATION GRANTED BY STANDARDS COMMITTEE ATTACHED:

Not applicable.

REFERENCE DOCUMENTS:

The background papers  relating to this report can be inspected by contacting Catherine Moseley, Head of Access Services by:

Telephone: 0161 342 3302

e-mail: catherine.moseley@tameside.gov.uk

 

Publication date: 25/01/2019

Date of decision: 23/01/2019

Accompanying Documents:

  • Determination of School Admission Arrangements 2020/21