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A legal question for Etienne re. in-year admissions

Posted: Wed Dec 14, 2011 11:46 am
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?

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

Posted: Wed Dec 14, 2011 1:03 pm
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;

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

Posted: Wed Dec 14, 2011 1:20 pm
by mystery
Thanks for the links Etienne. Is the process the same as described in the links for VA schools?

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

Posted: Wed Dec 14, 2011 1:47 pm
by Etienne
Yes. Own-admission authority schools are answerable to the DfE, and all schools/academies have to observe the Codes.