New Statutory Codes of Practice on Admissions
Draft Codes of Practice were laid before
Parliament on 15th November. If approved by Parliament, they will
come into force on 20th January 2003. Parliamentary approval is
unlikely to be withheld, but we will not know definitively until 13th
January. New Regulations also come into force on 20th January.
Governing bodies are obliged to determine their
admissions arrangements for entry in September 2004 by 15th April
2003. Before determining such arrangements, secondary schools must have
consulted all LEAs and schools within the relevant area, and all other LEAs
within three miles of the school. (For primary schools, the distance is two miles,
and they are not obliged to consult admission authorities of secondary schools
within the relevant area). Please note that the requirement to consult
governing bodies within the relevant area which are not admission authorities
is a new one. The relevant area is determined by the LEA.
Diocesan Guidance
Detailed diocesan guidance on Admissions to
replace that issued in 1999 will be issued as soon as practicable and, in any
case, in time to supplement the new Code of Practice from 20th
January. This interim guidance is intended to answer the most pressing
questions in the meantime. Until then, much of the advice contained in the 1999
diocesan guidance continues to be useful.
Effect on Catholic Schools of New Code of Practice on Admissions
Section 84(3) of the
School Standards and Framework Act 1998, provides that governing bodies have a
duty to have regard to the new Code of Practice on Admissions in exercising any
admissions function. As from 20th January 2003, therefore, governing
bodies will have to have regard to the new Code in determining their admissions
arrangements for September 2004. In addition, they will also have to have
regard to any advice given to them by the new statutory Admissions Forum,
following their establishment after 20th January.
Those consulted about
admissions arrangements may object to the adjudicator if they do not think
their responses have received an adequate response by the admission authority.
The adjudicator is similarly obliged to have regard to the Code of Practice when
determining objections referred to him.
Governing bodies, as
well as LEAs and adjudicators, have an overriding duty to comply with general
legislation, including the Human Rights Act 1998. In particular, the Human
Rights Act provides that public authorities shall respect the right of parents
to ensure that their child’s education conforms with their own religious and
philosophical convictions. This is confirmed in the draft Code in paras. A2 and
A6.
Governing bodies of
Catholic schools have a statutory duty under section 38(4) of the School
Standards and Framework Act 1998 to comply with their trust deed and instrument
of government. The duty to comply with their trust deed in relation to
admissions is recognised by the draft Code of Practice, para. 3.9. As a
statutory requirement, this provision takes precedence over any other
provisions of the Code of Practice. In Catholic Schools this means that the
foundational duty to give priority to Catholic families is the primary legal
duty of governing bodies when determining admission criteria.
If
the Code of Practice comes into force in its current form, it will be necessary
for all governing bodies to make significant changes to their current
admissions policies. This interim advice briefly comments only on the two areas
which seem to be the most frequently misunderstood.
Paragraph 3.10 of the draft Code of Practice points out that section 91
of the School Standards and Framework Act 1998 has been
repealed. This means that, where a school is under-subscribed with Catholics,
it is no longer possible to agree with the LEA to keep places unfilled in order
to restrict the percentage of the school population who are not Catholic. In
the context of Catholic schools, this paragraph gives guidance to governing
bodies on how they might construct their admission criteria where the school is
under-subscribed with Catholics.
Paragraph 3.14 deals with “children in public care” or “looked after children” (the
latter phrase is defined in section 22 of the Children Act 1989). It recommends
that they are given top priority. The reason for this is that these children
are much more likely to be moved during the school year, severely
disadvantaging them in school admissions. Therefore, unless they are given top
priority in admission criteria, they are unlikely to be eligible for the next
available place at the school.
Their belief in the value of each individual leads
Catholic schools and colleges to have the duty to care for the poor and to educate
those who are socially, academically, physically or emotionally disadvantaged.[1]
In accordance with paragraphs 3.14, 3.9 and A6 of the draft Code of Practice, Catholic
schools should give top priority to Catholic looked after children. They should
also give other looked after children top priority immediately after giving
priority to Catholic children. This will mean that, where a school is not
oversubscribed with Catholic children, these children will be given priority
for the next place to become available.
Further guidance on co-ordinated admission
arrangements will be given in due course. A few brief points will suffice at
this stage. First, governing bodies remain the admission authority for their
school, and the contrary impression should be avoided in any co-ordinated
arrangements. Second, arrangements must be agreed by all admission authorities
– this means that no Catholic school is obliged to agree to unacceptable
arrangements (e.g. those which might have the effect of forcing the schools to
give priority to non-Catholic applicants over Catholic applicants). Third,
schools should work with the LEA and other admission authorities to secure
practical arrangements which work well and in the best interests of all parents
and schools. An example of this will be working out how all admission
authorities are provided with the information which they need to apply their
own criteria.
Schools should check the diocesan website
regularly, as more information and guidance will be put there as and when it is
available to make it instantly available to schools. If any specific problems
are encountered, please contact the Department of Schools for individual advice
(telephone 020 7798 9005, www.rcdow.org.uk/education).
Finally, schools are reminded that ‘it remains the
Christian duty of individual schools themselves to promote the common good and support
“the poor, vulnerable, powerless and defenceless” by reviewing and, where
necessary, amending their admissions procedures; accepting that sacrifices
sometimes have to be made by individual institutions for the sake of the common
good; and working at local, diocesan and national levels to ensure an equitable
distribution of the resources available to education.’[2]