Education Law experts

[Loobylou3]

Hi
I am desperately trying to find the answer to what I think is a simple question. It is with regard to the Schools admission code December 2014. It states that a parent may express a preference for any state school. Is my LA following the code if they only put certain schools to make a presence from when a child transfers from infant to junior school. I fully understand that some primary schools will not have an PAN for year 3, but it seems to me that they are removing parental rights to even state a preference of a local school.
Thanks

In my LA, that would count as an in-year admission rather than a transfer from primary to junior. Separate infant and junior schools - online admission process. Primary (combined infant and juniors) would not appear on our selection list either. In-year admissions are dealt with in a different way in my LA (by contacting the school directly) rather than the admissions process that we went through (separate infant/junior schools, despite the buildings being opposite each other on the same site )

The in-year admissions process can vary between LA though.

Any parent can apply for a year 3 place at a primary school through the in year admission process as well as junior schools through the normal admission round.

I don't think the LA can restrict your choice of schools at all, so it seems to me it is probably unlawful. But you'd probably get more detailed answers by posting this on the Primary Education board.

You can apply for any school you want. However, it is likely that schools that don't normally admit at Y3 will already be full. Are you saying that the online form won't allow you to list straight through primaries as a choice? If there is a built-in list for you to choose from it may not include them on the list but there should be an "other" option or similar that allows you to add schools that are not listed. After all, you may want to apply for a school in a different LA.

Your LA is probably providing the names of the Junior Schools which will take children from Y3 and which you would have to apply for. If your child is already at a Primary(YR to Y3) you will automatically go into Y3. There is nothing to stop you applying to any school for Y3.

Thanks. Yes the LA has removed all other schools other than the schools with a PAN for y3. All other authorities schools are listed so you can still state a preference for any other school in a different LA. We are in an area where there are literally no school places available, however, schools are being asked to expand and this is what happened last year. The point I wish to make with our LA is if parents are unable to even state a preference how do the LA even know there is a need for places in this area.

If they are asking schools to expand, it would seem that they DO know!

All other authorities schools are listed

I presume you mean schools in neighbouring authorities. That isn't enough. You are entitled to apply for any school regardless of where it is located. Is there no "other" option that allows you to type in the name of the school you want?

yes, I did mean neighbouring LAs, sorry. No, there is no other option to express a preference and on the paper CAF which I have just got hold of it states you can ONLY apply to the same list of schools.

What I am really trying to find out is are they actually following the Schools Admission Code December 2014 as I cannot express my preference and I know of other parents in similiar situations as ourselves that cannot either.
Thanks

No, they cannot limit the list of schools to which you apply. You can apply to any school you want. You should complain to the Schools Adjudicator who should order the LA to mend its ways.

I'm in Hampshire and as a previous poster has said, only Junior schools are part of the year 3 main admissions round. Other schools would be under in-year admissions. I guess that makes it tricky if you don't want your child to take a year 2 place, but you could apply for a year 2 place, be refused, then go on the waiting list in the expectation that their class size may rise for juniors?

Thanks, we would happily take the place now and do an in year application daily. Our LA and the school does not keep a waiting list but that is a whole other thread.
I have tried to find the answer from the schools adjudicator but this is their reply...so can't get involved!
Thank you for your email about transfer from infant to junior schools. Schools Adjudicators have powers under sections 88H and 88I of the School Standards and Framework Act 1998 to consider schools?? admission arrangements in order to assess whether they comply with the School Admissions Code and associated legislation. It is the ??determined admission arrangements??, i.e. arrangements determined by the admission authority for a specific school under section 89C of the Act to which these powers apply. The common application form produced by a local authority forms part of the co-ordinated admissions scheme, not part of the determined admission arrangements for a specific school, therefore this is not a matter which falls under the jurisdiction of the adjudicator.
I have also contacted the DfE but have not had a reply yet! That is why I was wondering if there were any education law experts who might know the answer.
Thanks for all the replies.

I am an expert in admissions.

I think you will find that the Schools Adjudicator would get involved if the form is as you describe. If the Adjudicator refuses it is a matter for the Local Government Ombudsman.

Thanks. I do appreciate your replies but I have cut and pasted the reply from the schools adjudicator so I don't know what more I can do with regard to them. They advised me to go to the DfE which I have but am still waiting for a reply.

I will look at the local Government ombudsman as recommended then.
Thanks

Sorry - I hadn't realised that was a reply from the Adjudicator. They do seem to be taking a more restricted view of their powers than they used to. I hope the LGO is more forthcoming.

No go with the LGO - although the lady on the helpline could understand my point of my preference being removed. The LGO only get involved once the complaints procedure has been fully exhausted at the council level!
oh well still waiting for a response from the DfE!

Ok, so complain to the council. Tell them that you will appeal for schools not listed on the grounds that they refused to allow you to apply to those schools contrary to the Admissions Code.

Yes, I'm going to have a look at the complaints procedure as soon as I can!
Thanks again