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PostPosted: Thu May 19, 2011 5:27 pm 

Joined: Thu May 19, 2011 4:27 pm
Posts: 1
Do Net Capacity Assessments apply to academies? I am appealing the refusal of a year 7 place for Sept 2011 in a particular academy and have asked for the NCA figure. The Academy has replied that the Code of Practice doesn't apply to academies and they don't have to supply it :evil: . Are they right? Thanks

PostPosted: Thu May 19, 2011 6:19 pm 

Joined: Mon Dec 12, 2005 5:26 pm
Posts: 7493
Thanks for raising this question - it's not one that we've had before.

Note 3 at the bottom of page 7 of the Appeals Code states:
Academies are all-ability state-funded schools managed by independent sponsors, established under section 482 of the Education Act 1996. The funding agreement between an Academy company and the Secretary of State requires the Academy’s admission arrangements and arrangements for appeals to be in accordance, or consistent with admissions law and the School Admissions Code and School Admission Appeals Code. [my underlining]

Para. 2.20b of the Appeals Code says:
The admission authority must include a summary of the school’s net capacity

However, if you go to:
http://www.education.gov.uk/rsgateway/D ... 010-V3.pdf
and look at "Technical Notes - definitions" (about two-thirds of the way down) it says:
net capacity assessments do not apply to academies, nursery schools, special schools or pupil referral units.

The other difference that comes to mind where academies are concerned (and one that is clearly stated in the Appeals Code) is that any complaints about the appeals process are not made to the ombudsman - they have to be made to the Department for Education.


PostPosted: Thu May 19, 2011 7:05 pm 

Joined: Thu Nov 02, 2006 9:10 pm
Posts: 1089
Location: Lincolnshire
An academy's published admission number(s) is set in agreement with the DfE and not necessarily in accordance with the capacity assessment in the case of old style academies. Most new style academies have carried on with their old published admission numbers. The important place to look is the academy's funding agreement on the DfE website. Technically they are right to say that the capacity assessment is not relevant, however definitely not right to say that the Admissions and Appeals Codes do not apply - that is written into all the funding agreements. If this is a relatively new academy you will probably find that the Local Authority holds the last net capacity assessment done.

Be warned that if you have a complaint about an Academy's appeal process, the YPLA, who investigate on behalf of the Secretary of State, will not deal with your complaint until you have first complained direct to the Academy.

PostPosted: Fri Sep 23, 2011 6:10 pm 

Joined: Tue Jul 05, 2011 7:28 pm
Posts: 3
Does anyone know how to work out the school's capacity from it's funding agreement?
We spent half an hour in an appeal talking about net capacity and neither school or panel told us it didn't apply as they were actually an academy!

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