A legal question for Etienne re. in-year admissions

Consult our experts on 11 Plus appeals or any other type of school appeal

Moderators: Section Moderators, Forum Moderators

Post Reply
mystery
Posts: 8927
Joined: Tue Jul 21, 2009 10:56 pm

A legal question for Etienne re. in-year admissions

Post by mystery »

Schools are supposed to wait for a year group to drop below standard numbers before admitting more children off a waiting list I understand? If a school admitted children over and above standard numbers via in- year admissions (not by appeals) what would then happen if they were in breach of some regulations / code / law etc? And would the pupils who had been "incorrectly" admitted be able to retain their places even if they had come from a school very close by with empty places? They of course would have accepted the places in good faith.

This is a theoretical question loosely based on a real-life situation. Could it happen in practice anywhere in England; would it make a difference whether it was a VA school or not?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: A legal question for Etienne re. in-year admissions

Post by Etienne »

Hi Mystery

There are legitimate reasons other than appeals for admitting children above PAN.
A new Code is due next year, but the current situation is set out here.
http://www.elevenplusexams.co.uk/appeal ... -school#c6" onclick="window.open(this.href);return false;

If schools were to admit above PAN in breach of the rules, they would be answerable to the LA or DfE as appropriate.

One possible consequence is that, in any subsequent appeals where the school is resisting the admission of further children, the appeal panel might be less than sympathetic to the school's case! :)

I think it unlikely that there would be any consequence for a child admitted in the circumstances you describe.
http://www.elevenplusexams.co.uk/appeal ... school#c16" onclick="window.open(this.href);return false;
Etienne
mystery
Posts: 8927
Joined: Tue Jul 21, 2009 10:56 pm

Re: A legal question for Etienne re. in-year admissions

Post by mystery »

Thanks for the links Etienne. Is the process the same as described in the links for VA schools?
Etienne
Posts: 8978
Joined: Mon Dec 12, 2005 6:26 pm

Re: A legal question for Etienne re. in-year admissions

Post by Etienne »

Yes. Own-admission authority schools are answerable to the DfE, and all schools/academies have to observe the Codes.
Etienne
Post Reply
11 Plus Mocks - Practise the real exam experience - Book Now