Archdiocese of Westminster

Archdiocese of Southwark

Diocese of Brentwood

Joint Guidance on Admissions

for the Governing Bodies of Catholic Voluntary Aided Schools

February 2003

Contents

Page

Introduction 3

Section A: Oversubscription Criteria: Good Practice 6

Section B: Settling Admission Arrangements 9

Section C: Co-ordination of Admission Arrangements (to follow) -

Section D: Applying Admission Arrangements (to follow) -

Section E: Admission Appeals (to follow) -

Annex 1: Some Examples of Admission Policies i

Annex 2: Model Letters (to follow) -

Annex 3: Guidance for Parish Priests and Sample Priest’s Reference Form (to follow) -

Annex 4: Selected Case Law (to follow) -

Annex 5: Selected Ombudsman’s Reports (to follow) -

Annex 6: Suggested Order of Proceedings for Appeal Hearings (to follow) -

Annex 7: Eastern Catholic Churches (to follow) -

Annex 8: Obtaining Proof of Membership of the Catholic Church -

Introduction

1. This guidance is issued jointly by the Archdiocese of Westminster, the Archdiocese of Southwark and the Diocese of Brentwood for use by the governing bodies of all Catholic voluntary aided schools within those dioceses. It therefore covers all Catholic voluntary aided schools within Greater London, Hertfordshire, Kent, Medway, Essex, Thurrock and Southend-on-Sea.

2. The separate parts of this guidance are being issued in stages during 2003 so that governing bodies are able to comply with the various tasks under the revised statutory framework for admissions. This method has been made necessary by the tight timetable imposed by the government in bringing in the new legislation. It is envisaged that all the guidance will be revised and re-issued as a whole in September 2003. This guidance replaces previous guidance issued by the three dioceses.

The Revised Statutory Framework

3. The Education Act 2002 has made a number of significant changes to the law on admissions. All governing bodies need to revise their admission arrangements thoroughly in order to ensure that they comply with the new statutory arrangements. The main changes are highlighted here.

The abolition of arrangements under section 91 of the 1998 Act whereby governing bodies could agree with local education authorities to keep places empty in order to preserve the Catholic character of the school.
The creation of statutory admission forums with an enhanced remit and the power to issue statutory guidance.
Revised statutory consultation requirements on admission arrangements.
At least ten new sets of admissions regulations.
Two new statutory Codes of Practice relating to admissions.
The majority of these provisions came into force in late January 2003.

4. The Act also provides for all local education authorities to put in place schemes for co-ordinated admissions arrangements beginning with “in LEA” co-ordination in time for admission in September 2005 at the latest. This will be followed, for secondary transfer, by cross-LEA co-ordination at a later date, effectively being part of a national scheme, with a common timetable and, importantly, a common offer date.

5. Experience has shown that co-ordinated schemes can optimise parental preference by eliminating the holding of multiple offers and limiting the scope for parents to “play the system”. In the Catholic sector, we should ensure that it increases the likelihood of parents obtaining a Catholic education for their child.

6. This guidance is intended to complement the revised statutory Codes of Practice on School Admissions and School Admission Appeals published under the School Standards and Framework Act 1998, as amended by the Education Act 2002. The Act requires admissions authorities to have regard to the relevant provisions of the Codes of Practice. This guidance does not reproduce the Codes of Practice. Rather, it focuses on those areas that are of most concern to the governing bodies of Catholic voluntary aided schools. Governors and panel members most directly concerned with admissions and appeals against admissions decisions will need to be thoroughly familiar with both Codes of Practice as well as this guidance.

General Principles

This guidance also tries to reflect that there are some underlying principles which should inform admission arrangements in all Catholic schools. Some of these are set out here.

A Catholic education must:

· Encourage the formation and growth to maturity of the whole human person;

· enable physical, moral and intellectual talents to be developed harmoniously;

· teach all to know and live the mystery of salvation;

· assist all to work towards their eternal destiny ;

· promote the common good of society;

· ensure that all develop a greater sense of responsibility and a right use of freedom; and

· provide formation for every person to take an active part in social life.[1]

The Church tells us that educating people to grow to the fullness of Christian life is an integral part of the Catholic Church’s mission from God. Bishops and priests must do their best to ensure that Catholics can take up the right to a Catholic education which flows from their baptism. In particular, where it is possible bishops are to establish schools where such an education is provided. Parents in turn are obliged to send their children to a Catholic school, or to ensure their proper Catholic education outside school. [2]

In England and Wales, the Bishops have also said:

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.[3]
Whether or not market forces are regulated in some way by a supervising authority, 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.[4]

Aims

It is the responsibility of Catholic schools, in co-operation with each other and other admissions authorities, and with the assistance of the diocese, to ensure that the maximum number of Catholic children are able to take advantage of a Catholic education provided at their local Catholic schools.

Catholic schools should work with each other to draw up admissions policies which ensure that places are provided equitably for all local Catholic communities (including Eastern Catholic Churches and ethnic chaplaincies).
Catholic schools should co-ordinate their admissions arrangements to maximise parental satisfaction with choice of Catholic school.

7. The dioceses acknowledge that dealing with admissions is one of the most difficult tasks facing governing bodies. In some cases, there are no ready solutions to the problems posed. It is to be hoped that this guidance will be of some assistance in developing policies that are transparent, adequate, clear and understandable.

8. This guidance describes the primary legislation, regulations and case law most relevant to maintained Catholic school governing bodies. Governors and clerks most concerned with admissions should be familiar with these provisions in some detail. Whilst every effort has been made to ensure the accuracy of this guidance, it must be noted that it does not provide a definitive interpretation of the law. That is entirely a matter for the courts.

9. It must also be noted that the responsibility for publishing policies and procedures which comply with the law, rests with the governing body, not with the respective Diocese.

ADMISSIONS: THE BASIC FRAMEWORK

Admission Authority

The responsibility for admissions in each maintained school belongs to the admission authority. In some community and voluntary controlled schools, the LEA is the admission authority, but in all other maintained schools, the governing body is the admission authority.[5] Therefore in a Catholic voluntary aided school the governing body is the admission authority and is responsible for setting and managing the school’s admission arrangements.

Admission Arrangements

Each year, the governing body of a Catholic school must determine admission arrangements for the next-but-one school year. Admission arrangements include:

· setting admission numbers for any years in which it is intended to admit pupils (including, where appropriate, admission to the sixth-form);

· application procedures, including forms, and timetables;

· the oversubscription criteria to be applied if the school is over subscribed;

· any separate entry requirements or oversubscription criteria for entry to sixth-form or nursery classes;

· any arrangements for any permitted selection by reference to ability or aptitude;

· the keeping of waiting lists in order of the oversubscription criteria;

· how late applications will be handled.

For more detailed guidance on the content of admission arrangements, please refer to Section A.

Procedure for Determining Admission Arrangements

The law prescribes a set timetable for the annual determination of admission arrangements. In the school year 2002-2003, this timetable will inevitably be more rushed than usual, because the new statutory Codes of Practice did not come into force until 31^st January 2003.

Each year the governing body of a Catholic school must:

· determine its proposed admission arrangements for the next-but-one school year;

· consult all the relevant statutory consultees on those proposed admission arrangements by 1^st March;

· consider the responses to the above consultation and the advice of the Admission Forum;

· determine its final admission arrangements by 15^th April; and

· notify all the relevant statutory consultees of that determination within 14 days of that governing body meeting.

The timetable for governing body meetings will need to be arranged with this statutory timetable in mind. More detailed guidance on the consultation procedure, including the identity of the relevant statutory consultees, is given in Section B.

Co-ordinated Admission Arrangements

As LEAs start to draw up their proposals for co-ordinated schemes, governing bodies will need to engage in the process of agreeing the final scheme. Further guidance on this aspect is given in Section C.

Applying the Admission Arrangements

The governing body, having determined its admission arrangements, is under a legal obligation to apply them. Only in exceptional circumstances may governing bodies change their admission arrangements once they have been determined (see Section B for further guidance).

Applying the arrangements in the normal admission round will include the following steps:

· publication of admission arrangements to parents;

· issuing of application forms;

· following the closing date, offering places to all those who have expressed a preference unless one of the statutory reliefs applies (e.g. oversubscription);

· applying the oversubscription criteria objectively if the school is over-subscribed;

· notifying successful applicants; and

· notifying unsuccessful applicants and informing them of their right to appeal to the school’s independent appeal panel.

The timetable and procedures the governing body follows when applying its admission arrangements will comply with any co-ordinated scheme which applies in its area. The governing body will also need to deal with the following, in accordance with its published arrangements:

· late applications; and

· in-year applications outside the normal admission round.

More detailed guidance on all of these issues is given in Section D. In addition, the governing body will need to deal with any admission appeals, and guidance on these is given in Section E.

Legal Considerations for Governing Bodies

In carrying out all its admissions functions, the governing body must do so in accordance with legal requirements. The more important over-arching statutory requirements are set out below.

The governing body must, in discharging its functions, comply with its trust deed and instrument of government. This includes the requirements to serve as a witness to the Catholic faith in Our Lord Jesus Christ, to comply with the requirements of canon law and to give priority to Catholic families.[6]

As a public authority, the governing body must not act in a way which is incompatible with 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.[7] This is confirmed in the Code in paragrahs. A2 and A6.

The provisions of the Sex Discrimination Act 1976, the Race Relations Act 1976 (as amended) and the Special Educational Needs and Disability Discrimination Act 2001 apply to admissions. In particular, the new duties not to discriminate against prospective pupils with disabilities, to promote good race relations and to assess and monitor the effect of policies on this duty, are of particular relevance.

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 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 20^th January.

Legal obligations on other bodies

Other public authorities, including LEAs, SOCs, admission forums and adjudicators are also obliged to act compatibly with the Human Rights Act. As well as respecting the parents’ right described above, this also includes respecting the right of parents and of voluntary schools to freedom of religion.[8] Government guidance states that these rights may only be interfered with if what is done:

· has a basis in law,

· is necessary in a democratic society, and

· is related to the permissible aim set out in the relevant article.[9]

A OVERSUBSCRIPTION CRITERIA: GOOD PRACTICE

General

A1 Governing bodies have wide discretion in determining the criteria to be used when the school receives more applications than there are places available. The criteria should, however, be clear, fair and objective. Parents have the right to know how their application will be handled and what are their chances of success. This stricture applies equally to any criterion that relates to the religious character of the school.

A2 There must be no breach of primary legislation. For example, pupils cannot be turned away on grounds of race, or, unless the school is specifically designated as being for girls or boys only, gender. Whilst this may appear to be self-evident, care is required. A policy which appears to be lawful may constitute indirect discrimination and be unlawful if it discriminates against, for example, travellers or minorities newly moved into an area. This could happen, for instance, where schools give priority to applicants:

· with parents or grandparents who attended the school but who no longer live in the area;

· who worship at a particular church;

· who have lived longest in a particular area.

A3 Catholic school governing bodies have an over-riding duty to offer places to Catholics first. This is a requirement of the trust deed and therefore a legal requirement on governing bodies. Catholic schools must not operate ‘siblings first’ or ‘first preferences first’ policies if the consequence is to offer a place to a non-Catholic and deny a place to a Catholic.

Objectivity of and Construction of Criteria

A4 Governing bodies should aim to have criteria which are as objective as possible – a good test is: if any two people sat down with the school’s criteria in one hand and the applications in the other, would they both put them in the same order?

A5 Governing bodies are free to construct their criteria in many ways, but the way they operate must be clear to those reading them. It is advised that the basic criteria should be set out in a numbered list, with all those who fall within criterion 1 being admitted before those in criterion 2, and so on.

A6 The criteria themselves should be as simple as possible. It is therefore recommended that definitions, clarifications and evidence required are best left to explanatory notes which form part of the criteria. It is permissible to set out sub-categories which apply within each of the main criteria, but governing bodies should avoid making their criteria too complicated. In reviewing their criteria annually, governing bodies should avoid proliferation of criteria which are not required. For example, a school which is heavily oversubscribed with Catholics is unlikely to require criteria which distinguish between different types of non-Catholic applicant.

A7 Some examples of admission policies, illustrating many of the points contained in this guidance, are given in Annex 1.

Requests for Evidence from Parents

A8 Governing bodies are entitled to request evidence in the form of documentation where this is necessary to operate a particular criterion. For example, evidence of an address where a proximity criterion is used; evidence of exchange of contracts on a house for a family claiming to be moving into the area; evidence from a doctor or social worker for an applicant claiming special consideration on medical or social needs. It is not appropriate to request documents which do not relate specifically to one or more of the oversubscription criteria, for example, school reports, test results, or bank statements. Ideally an indication of the evidence which will be required relating to a particular criterion should be set out in the admission policy.

Children with a Statement of Special Educational Needs

A9 Sometimes schools are wrongly put under pressure to include a category of Children with a Statement of Special Educational Needs in their oversubscription criteria. This is inappropriate because the law provides an entirely separate process for admission of such children. The expression of parental preference for such children is part of the statementing process. After consultation with the school’s governing body, the child’s LEA will decide whether or not to name the school on the Statement. Any appeal is to the Special Educational Needs and Disability Tribunal, rather than the governing body’s independent appeal panel. It is good practice, however, to indicate in admission policies that these separate procedures apply to such children.

Oversubscription Criteria and the Catholic Character of the School

First preference for Catholics

A10 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 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.

A11 In setting their criteria, therefore, governing bodies must ensure that none of them have the effect of giving non-Catholic applicants preference over those from Catholic families.

Definition of ‘Catholic’ for the Purposes of Admission Criteria

A12 For the purposes of admission criteria, the term ‘Catholic’ is taken to denote a baptised person who is in full communion with the Catholic Church, that is to say, a member of any Catholic Church that is in full communion with the See of Rome.[10] Membership of a Catholic Church is gained by baptism in that Church. It can also be gained by other baptised Christians who are subsequently received into the Catholic Church.

A13 As well as the (Western) Latin Catholic Church, there are currently twenty-one Eastern Catholic Churches in full communion with the See of Rome. Members of these Churches have the full rights of any member of the Catholic Church and care must be taken not to treat them in any way less favourably on account of their different liturgical and sacramental traditions. Details of these Eastern Catholic Churches and their counterparts amongst the Orthodox and other Eastern Christian Churches which are not in full communion with Rome are set out in Annex 7. (See also Section D – Applying Admission Arrangements below.)

A14 In admission arrangements, the designation ‘Catholic’ is to be preferred to any other. In accordance with guidance from the Catholic Education Service, the term ‘Roman Catholic’ is to be avoided for a number of good reasons - it is not a technical term, is never used in official church documents, and is normally taken to exclude members of the Eastern Catholic Churches, which would be unacceptable.

A15 Membership of a Catholic Church is normally shown by a certificate of baptism from a Catholic Church or a certificate of reception into the Catholic Church. Such a certificate is a certified copy of an entry in a register which the Church obliges parish priests throughout the world to keep.[11] It is therefore possible for parents to obtain duplicate certificates when required, and it is reasonable for governing bodies to require the production of one of these documents, or, failing that, other documentary evidence. For further information, see Annex 8.

Catechumens and Members of other Eastern Christian Churches

A16 All governing bodies need to consider how to deal with two particular categories of persons who the Church regards as having a particular and special status, namely catechumens and members of other Eastern Christian Churches.

A17 Catechumens are persons who wish to be baptised and have been accepted into the Order of Catechumens by the appropriate liturgical rite. All persons over the age of seven who come to the Church for baptism now spend a period of time in the catechumenate, and it is therefore increasingly common for secondary and even primary schools to receive applications from the parents of catechumens. The Church teaches that catechumens are, by their very desire joined in a special way to the Church and ‘with love and care mother Church already embraces them as her own’. The Church therefore grants them various prerogatives proper to its members.[12]

A18 The Eastern Christian Churches (other than the Eastern Catholic Churches) include the Orthodox Churches as well as those Eastern Churches resulting from divisions following the early Church Councils (see Annex 7). There are increasing numbers of members of such Churches resident in the three dioceses, particularly in central London. Not infrequently their parents apply for a place in a Catholic school as in most parts of the country they have no schools of their own. These Churches ‘share with us true sacraments, above all - by apostolic succession - the priesthood and the Eucharist, whereby they are still joined to us in closest intimacy’. Pope Paul VI remarked that between us ‘there exists already an almost total communion … resulting from our joint participation in Christ and of his Church’.[13]

A19 Governing bodies should make explicit provision for both of these categories in any oversubscription criteria because of the special consideration with which the Church regards them. It is recommended that governing bodies consider giving specific priority to them next after baptised members of a Catholic Church in each admission category. In any case, both categories should be given priority over other non-Catholic applicants.

A20 Acceptance into the catechumenate is normally demonstrated by a certified copy of the entry in the Register of Catechumens. [14] Membership of an Eastern Christian Church is normally shown by a certificate of baptism or a certificate of reception from the authorities of that Church (see Annex 7).

‘Catholic’ as the basic category

A21 Ideally schools will use ‘Catholic’ as the basic first category, and this will be followed by other (e.g. geographical etc.) criteria, worked out with other schools in the area so that there are no groups of the faithful who are effectively denied a Catholic education.

A higher test than ‘Catholic’

A22 If there is an absolute shortage of places in the locality (this will usually be acknowledged by the diocese) a higher test of ‘practising Catholic’ may be employed. However, when there are sufficient places in Catholic schools within the locality for all Catholic children, other criteria should be use to distribute the places available on an equitable basis.

A23 If a test of ‘practising Catholic’ is employed, such a test must be objective and set at a single level so that it is clear to all, not just the Catholic community, how any judgments will be made. It is recommended that the common diocesan priest’s reference form is used for this purpose. It is undesirable for schools themselves to be making judgments on pastoral matters such as Catholic practice.

A24 The policy of the three dioceses is that places should be offered to members of Catholic families. It is difficult, if not impossible, for a small child to produce evidence of practice. There may be circumstances, however, where an older child demonstrates practice and commitment lacking in the parents and this should be taken into account, as should circumstances where practice lacking support from immediate family members is regularly supported by members of the wider family or others.

A25 Whilst governing bodies may, in the circumstances outlined above, specify that ‘practising Catholics’ will be preferred, Catholics who do not currently practise are to be preferred to other applicants, however strong their religious commitment.

A26 Where practice is prescribed as a condition in accordance with that described above, the term ‘regular attendance at Sunday Mass’ may be used without further qualification. Sunday Mass includes those on Saturday evenings, and “regular attendance” means attendance more often than not, as far as can be judged by observation. There shall be no register of attendance and applicants may not be penalised because of occasional non-attendance which might be explained by any number of good reasons.

A27 If a reference from a priest is required, the governing body may not specify which priest. It is open to the applicant to identify and approach a priest who will testify to such matters as attendance at Mass.

A28 It is normally the role of a priest to determine whether applicants meet the published criterion for qualification as practising Catholic families. The role of the governing body is to devise and publish a policy and, subsequently, to apply the policy to applicants, giving priority to those identified as ‘practising Catholic’ families by a priest. It is not the role of the priest to ‘recommend’ a number of applicants to match the number of vacancies.

A29 Under no circumstances may governing bodies receive applications and then produce a ‘rank order’ based on an arbitrary assessment of each applicant’s Catholicity. Any rankings determined by reference to financial contribution, participation in parish committees, service in Church ministry in any capacity or the like are not acceptable.

A30 Applicants must be told, preferably by the priest, whether they have satisfied the criteria for acceptance as ‘practising Catholic’ families. When handled sensitively, this is a very useful opportunity for the priest to discuss with the applicant where he or she stands in relation to the teachings of the Church and whether he or she meets the published expectations of the school in question. It is neither fair nor just for parents to learn during the course of an appeal hearing that they were not considered to be a ‘practising Catholic’ family for the purposes of the governing body’s admission policy.

A31 Governing bodies may not use ‘practice’ as the sole criterion for admission. It must be accepted that, in any one year, more parents may meet the published level of practice and other criteria will be required to differentiate between applicants.

A32 It is recommended that the standard diocesan Priest’s Reference Form is adopted for use by all schools where the governing body has decided to have ‘practice’ as an oversubscription criterion.

A33 Governing bodies should avoid requesting certificates or references from priests about sacraments other than baptism. Confirmation, marriage and ordination are the only other sacraments where parish priests are obliged to keep registers, and these sacraments are not relevant to school admission. In the case of other sacraments, there is therefore no official record from which a certificate can be obtained.

A34 In particular, certificates of reception of first holy communion, not being based on a register, have no official standing and are therefore not universally obtainable. It would therefore be unreasonable for a governing body to require such a certificate or confirmation of reception of the sacrament from a priest. More particularly, no written record of the reception of the sacrament of penance should exist, because this is likely to constitute a breach of the seal of the confessional, a very grave offence.[15]

Repeal of section 91

A35 The Education Act 2002 repealed section 91 of the School Standards and Framework Act 1998. 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, paragraph 3.10 of the Code of Practice gives guidance to governing bodies on how they might construct their admission criteria where the school is under-subscribed with Catholics.

Children in Public Care

A36 Paragraph 3.14 of the Code of Practice 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.

A37 In accordance with paragraphs 3.14, 3.9 and A6 of the Code of Practice, Catholic schools must give top priority to Catholic looked after children. They must 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.

A38 Governing bodies, remembering their particular mission to the poor and vulnerable, should also strive to identify other groups who might merit similar consideration, for example, asylum seekers or travellers. These groups should also be given top priority in a similar way.

Interviews.

A39 Interviews of prospective pupils or their parents are no longer permitted in Catholic schools for the admission round leading to September 2005 intakes and subsequent admissions. (New Code of Practice paragraph 3.16). Governing bodies which have used interviews are recommended to phase them out in the current admission round wherever possible. The practice of interviewing successful candidates and their parents after places have been offered is beneficial and is to be encouraged.

Application Forms

A40 Application forms should not ask for any details which are not necessary for the processing of the application in accordance with the published arrangements. No information should be sought unless it is required to operate the governing body’s oversubscription criteria.

Photographs

A41 In particular, photographs of applicants should not be requested as part of the admissions process, since they cannot relate to any permissible oversubscription criterion. If they are requested at all, this should not be until after places are allocated. This will eliminate the possibility of unnecessary allegations of discrimination.

Primary Schools

Priority for Children in Nursery

A42 The new Code of Practice (paragraph 3.18) makes it clear that priority should not automatically be given to those already have a place in the Nursery of a school There are a number of reasons for this.

It discriminates against those who have recently moved into an area.
There is no appeal against the refusal to offer a nursery place since nursery education is non-statutory and non-universal. A parent denied a nursery place might be justifiably aggrieved on finding that there was little opportunity of securing a place in reception.
Nursery education is non-statutory provision. Parents are not obliged to take up nursery places even where offered and some choose not to do so. Any parent choosing an alternative to nursery education should not be disadvantaged when it comes to applying for a place at the statutory age.

A43 Parents should be always be warned that taking up a nursery place does not guarantee a place in reception. All parents should be required to apply for reception places whether or not the child attends the nursery and all applications should be treated on an equal footing.

A44 Governing bodies are advised to publish their arrangements for nursery admissions under a distinct and separate heading to reinforce the point that there is no automatic progression from nursery to reception. It is however good practice to adopt arrangements for admission to the nursery that closely resemble the arrangements for admission to reception.

Deferred Entry to Reception

A45 If there is more than one entry point to a year, the Code of Practice (paragraph 3.19) recommends that parents should be entitled to defer entry until the child reaches statutory school age. However, all applications in respect of a particular school year should be administered at the same time and all appeals heard regardless of the actual term of admission.

Geographical and similar criteria

Residence in Parishes or Deaneries

A46 Permissible geographical criteria include residence in parishes or deaneries. The governing body may give higher or lower priority to children from particular parishes or deaneries (effectively a ‘catchment area’), but these parishes or deaneries must be named in the over-subscription criteria. Such a criterion may be particularly appropriate when taking account of alternative schools available to parents. Care must be taken not to appear to guarantee a place to a resident of a catchment area/parish/deanery.

A47 Where geographical areas such as parishes or deaneries are used, it is good practice to include a map showing the boundaries of any such parishes or deaneries for the purposes of the admission criteria. This enables the criteria to make it clear that, if there is any dispute as to the identity of the boundary, the map given to parents at the time will prevail.

A48 Criteria based on worship at a particular parish may not be used – such criteria are unlawful under the Race Relations Act because they disproportionately discriminate against certain ethnic groups, such as members of Eastern Catholic Churches or those who choose to worship at an ethnic chaplaincy.

Feeder Primary Schools

A50 Attendance at one or more Catholic feeder primary schools is a legitimate criterion. However, in areas where the demand for Catholic primary education exceeds the supply of places, care must be taken not to disadvantage those who have not been able to get a place in a Catholic primary school.

‘Quotas’ for named parishes or deaneries

A51 Schools which serve more than one parish or deanery may wish to ensure that children from the more distant areas of the parishes or deaneries served are not disadvantaged. There are two widely used strategies to accommodate this difficulty.

A52 One option is that places may be offered as priority to children from a named parish or deanery for whom this is the nearest Catholic school. This potentially displaces children who live nearby but for whom there are nearer alternatives, thereby releasing places for children at a distance for whom there is no alternative.

A53 Another option is setting ‘quotas’ or ‘rations’ of places for children in named parishes. The policy would need to be explicit about the number of places available and alert parents to the possibility of not securing a place. The procedures for offering places where the quota is exceeded should be clear and parents should have the opportunity of being considered for any places remaining within the overall total on an equal basis with other applicants.

A54 Any governing body contemplating using a quota system must work closely with other local Catholic schools to ensure that criteria fit well with those of other local schools and that no group of Catholics is disadvantaged by the system. A quota system should never be used simply to perpetuate a historical pattern of admissions which no longer serves the current needs of the local Catholic population.

Higher preference for “first choice” applicants

A55 Co-ordinated admissions schemes based on parental preference cannot work if schools give a higher priority to those who give their own school as first choice. Amongst Catholic schools, this will also be incompatible with the aim to allocate Catholic places efficiently between Catholic pupils because it forces parents to “gamble” on one Catholic school as against another, rather than manifest their genuine preferences. It will, however, remain acceptable to give higher priority to those who express a preference for Catholic schools above those who place a higher priority on a non-Catholic education. It is unacceptable to give priority to those who have applied to no other school.

Aptitude

A56 It is not acceptable for Catholic specialist schools to use selection by aptitude, even amongst Catholic applicants, because of the adverse effect this will have upon neighbouring schools.

Banding

A57 Some schools use banding to try achieve an academically balanced intake. This area is fraught with complexities and is open to abuse. When conducted by individual schools it introduces an element of testing which, even if scrupulously fair, often appears opaque or unfair to those subject to it. In addition, the arrangements for permitted banding must secure that, in any year, pupils admitted into a normal year of entry are fully representative of the range of ability amongst pupils applying to the school for that year of entry (see new Code of Practice, paragraphs 3.26 – 3.30). On balance, therefore, we consider that the disadvantages outweigh the advantages.

Home-School Agreements

A58 Governing bodies may ask parents to sign home-school agreements, but not until the child has been admitted to the school. They may not be used as a condition to secure the offer of a place.

Priority for Siblings

A59 Priority for siblings helps bond links between the school and families. It also provides a degree of domestic convenience for parents. However, schools must not operate a ‘siblings first’ policy where the effect is to admit a non-Catholic sibling and deny a place to a Catholic applicant who may be the first or only child from a Catholic family. Governing bodies are advised to consider conferring priority to siblings only within a discrete criterion, to help differentiate between applicants when that criterion is over-subscribed.

More Remote Family Connections

A60 Once an older sibling has left a school, the rationale for operating sibling priority weakens considerably. There is no overwhelming reason for giving priority to children whose older siblings no longer attend the school, particularly if this policy denies places to families who have moved into the area or have only one child. The case for giving priority to more distant family connections is weak and inappropriate, since it may not allow the school properly to reflect the current local Catholic community. In that case it is also likely to constitute indirect race discrimination and therefore be unlawful.

Special Social, Pastoral or Medical Needs

A61 Some governing bodies wish to give themselves scope to offer a small number of places to pupils in exceptional circumstances should the need arise. Extreme caution is needed here, as such a criterion can easily be seen as lacking in objectivity. Where governing bodies decide to include this criterion, the following factors should be borne in mind.

The admission arrangements must make it clear what circumstances are envisaged, and what evidence will be needed to demonstrate this.
Evidence, or claims under this criterion must be made at the time of application. Governing Bodies should not accept a case which is put forward retrospectively.
The needs should be the needs of the child, not the social or domestic convenience of the family.
The case must be made for a place at the particular school in question, not a general need.
Because of the inevitable element of subjectivity involved in such judgments, it is recommended that a demonstrated need should normally only give extra priority within an admission category.

Summary

A62 To sum up, all criteria must be fair and reasonable, readily understood by parents and clearly justifiable. There is no prescribed list of acceptable and unacceptable criteria. Any list that might be drawn up could not be definitive or exhaustive. The following cover many of the generally accepted principles.

Criteria generally considered being acceptable

· Religious observance in accordance with the rites and practices of the Church

· Sibling links

· Exceptional medical, social or educational needs relating to that particular school supported with appropriate documentary evidence

· Residence within a specified parish or other defined area

· Proximity measured by walking distance or straight-line home to school

Criteria generally considered being unacceptable.

· Length of time on a waiting list. Governing bodies may begin to collect the names and particulars of those seeking places at any time, so that they have an early indication of the likely demand for places. Many infant and primary schools begin to take applications when the child reaches the age of three. However, the length of time spent on a waiting list is explicitly prohibited by the Code of Practice (paragraphs 3.2 & 7.29) since it discriminates against those moving into the area.

· Proximity measured by journey time. Priority should not normally be given to children because, by chance, they can be brought by car quickly over a long distance or have the benefit of convenient rail, Underground or bus routes. Walking distance or straight line distance are used not only because children will actually walk the route but because these measures will define a local “catchment area” with a considerable degree of objectivity since they can be applied without favour to all applicants.

· The drawing of lots. Whilst there is case law which indicates that the drawing of lots is lawful, because parents are able to calculate mathematically what their chances are of being allocated a place, the allocation of places in schools should not be reduced to the level of a game of chance. Parents should be able to make a reasoned judgement of their prospects of securing a place by studying the criteria and, perhaps, by looking at the general pattern of offers in recent years.

· Reference to reports from previous schools. Reports, confidential or otherwise, must not be used to reject pupils known or suspected to be disruptive or to have special educational needs. Information on these subjects is vitally important to help the new school make appropriate arrangements to meet each child’s needs. It should, however, be collected after the places have been offered and not before.

· ‘Contribution to the life of the school’ or ‘pastoral benefit’. These forms of words should not be used.

· Payment of fees. The payment of fees for education in any maintained school is unlawful. However, it is suggested from time to time that parents who have contributed to, say, the school building fund should have certain rights in respect of admissions. Governing bodies are advised that all financial contributions of this kind are voluntary and must not be taken into account when offering places in any maintained school.

· Oral reference from a priest. Where parents are required to support an application with an explicit reference from a priest (or in some cases a minister from another religion) this must be in writing so that the evidence is available should subsequent scrutiny be required. Governing bodies should always bear in mind that an appeal committee, the local government Ombudsman, the Secretary of State for Education or the courts might call in the documentation relating to admissions. It is the responsibility of the governing body to ensure that the documentation is complete and in order.

B SETTLING ADMISSION ARRANGEMENTS

B1 The governing body’s admissions arrangements must be agreed by the full governing body (as must all arrangements for admission appeals). Any decision regarding the question of whether any individual child be admitted in accordance with the policy must be decided either by the full governing body, or delegated to a committee, known as the admissions committee. An admissions committee must consist of the head teacher and at least two other governors. None of these decisions can be delegated to or taken by an individual under any circumstances.[16]

B2 It is recommended that parish priests should not sit on admissions committees, since there may be at least a perceived conflict of interest, especially if some, but not all references to be considered by the committee come from that same parish priest.

B3 Governing bodies are obliged to determine their admissions arrangements for entry in September 2004 by 15^th April 2003.

Consultation.

B4 Before determining their admission arrangements, the governing body of a secondary school must consult the following on the proposed admission arrangements:

· the LEA;

· the governing body of all other schools within the relevant area;

· any other LEA within the relevant area or within five miles of the school.

B5 The governing body of a primary school must do the same, except that the distance is two miles, and they are not obliged to consult admission authorities of secondary schools within the relevant area.

B6 The consultation must be completed by 1^st March.

B7 The LEA will define the relevant area, which may include parts of neighbouring LEA areas. ‘Consultation’ means informing those to be consulted about the proposed admission arrangements, considering the views that are expressed and taking them into account when reaching final decisions.

B8 A governing body is relieved of the duty to consult in any year where it is not seeking to change the arrangements from those of the previous year and:

· the governing body consulted all appropriate bodies in the previous determination year;

· those arrangements were not the subject of an objection to the adjudicator.

B9 If a Catholic governing body is not satisfied with the admission arrangements of another admission authority, it should respond when consulted about those arrangements. If it is still unsatisfied when notified of the admission arrangements determined by that authority, it may object to the adjudicator.

B10 Those consulted about admissions arrangements by a Catholic governing body may make representations which the governing body must consider before determining their arrangements for that year. Those consulted may object to the adjudicator if they do not think their representations have received an adequate response by the admission authority. The adjudicator is obliged to have regard to the Code of Practice when determining objections referred to him.

B11 The adjudicator does not have the power to determine disputes about admissions criteria relating to a person’s religion, religious denomination or religious practice. Any objection of this kind must be referred to the Secretary of State.

Admission Forums

B12 After 20^th January 2003 the LEA must establish an Admission Forum for its area. The composition of Admission Forums is set out in regulations but includes representation from local schools and from the diocese. The functions of each Forum include considering admission arrangements within an area, including co-ordination, promoting agreement among admission authorities and monitoring the admission of children in the most vulnerable categories. Admission forums do not replace the consultation exercise outlined above.

Publication of Policies

B13 The governing body must publish annually its arrangements for admissions and appeals for the forthcoming admissions year. Each LEA is required to publish information about the admission arrangements of all schools in its area.

Notes