The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008

5.  After Schedule 3 insert the following—

“SCHEDULE 4 Requirements of an in-year scheme

General

1.   An in-year scheme must—

(a) ensure, so far as is reasonably practicable that each parent in the area of an authority who has made an application on the common application form in respect of admission of a child to a school receives a single offer of a school place under the scheme;

(b) ensure, so far as is reasonably practicable, in any case where a child is eligible to be granted admission to more than one school, that the child is granted admission to whichever of those schools is ranked highest on the common application form;

(c) require a common application form to be completed, enabling a parent in an authority’s area—

(i) to provide his name and address, and the name, address and date of birth of the child,

(ii) to apply for not less than three schools, whether or not any school for which such application is made is within the authority’s area,

(iii) to give reasons for his application, and

(iv) to rank each application in relation to any other application;

(d) identify for each school to which the in-year scheme applies whether it is the authority or the each governing body who are the admission authority;

(e) specify the criteria by which the authority must determine whether a child is to be granted or refused admission to a school in the authority’s area in any case where it appears to the authority that the child—

(i) is eligible to be granted admission to more than one school for which application has been made, or

(ii) is not eligible to be granted admission to any school for which such application has been made;

(f) where the governing body who are the admission authority for such a school have made arrangements for another body to determine the order of priority under paragraph 4(b), identify that body;

(g) specify that any notice of acceptance of a school place must be received by the authority within two weeks after the date of the offer.

Requirements of an in-year scheme relating to applications for in-area schools

2.— (1) This paragraph specifies provisions to be made in an in-year scheme about applications made for a school in the area of the authority.

(2) The scheme must require the authority—

(a) where the application is for a school for which the governing body are the admission authority, to forward details of the application, together with any supporting information provided by the parent, to the governing body or the body with whom the governing body has made arrangements under paragraph 4(b) (except where that body is the authority);

(b) where the application is for a school for which the authority are the admission authority, to determine by reference to the school’s admissions criteria the order of priority in which the application for the school is ranked;

(c) in any case where it appears to the authority, having regard to—

(i) any determination made in accordance with sub-paragraph (b), and

(ii) any information sent to them in accordance with paragraph 4(c),

that a child in their area is eligible to be granted admission to more than one school, or is not eligible to be offered admission to any school, to determine in accordance with the provisions of the scheme whether the child is to be granted or refused admission to a school in their area;

(d) in any case where the authority determine in accordance with sub-paragraph (c) that a child is to be granted or refused admission to a school in their area for which they are not the admission authority, to notify the school’s governing body of their determination;

(e) except where sub-paragraph (f) applies, to send any determination granting or refusing admission to a school to the parent (such determination being sent on behalf of a school’s governing body in any case where the authority are not the admission authority for the school); and

(f) with regard to any application relating to a child living in a different local education authority’s area, to notify that authority of their determination.

Additional duties on an authority relating to applications for out-of area schools

3.— (1) This paragraph applies where a parent in the area of the authority (“the home authority”) applies under the common application form for a school in the area of a different local education authority (“the maintaining authority”).

(2) The home authority must notify the maintaining authority of the application and forward to them details of it, together with any supporting information provided by the parent.

(3) The in-year scheme must—

(a) specify that, in determining in accordance with paragraph 2(2)(c) whether the child is to be granted or refused admission to any school in the home authority’s area for which an application has also been made, that authority will have regard to any information provided by the maintaining authority as to whether the child is to be granted admission to a school within that authority’s area; and

(b) require the home authority to send any determination granting or refusing admission to the school in the maintaining authority’s area to the parent (such determination being sent on behalf of the school’s governing body in any case where they are the admission authority for the school).

Duties of governing body under an in-year scheme

4.   An in-year scheme must require a governing body who are the admission authority for a school—

(a) to forward to their maintaining authority details of any application made to the school direct, together with any supporting information provided by the parent (regardless off whether the parent who made the application resides in that authority’s area);

(b) to determine or make arrangements for another body (including the maintaining authority) to determine by reference to the school’s admissions criteria the order of priority in which each application for the school is ranked; and

(c) to notify or, where arrangements have been made under sub-paragraph (b) for another body (not being their maintaining authority) to make a determination, to arrange for that body to notify the authority of their determination under sub-paragraph (b).”