Some notes regarding the School Admissions Code 2012
Page 3, para 1
?The School Admissions Code (?the Code?) has been issued under Section 84 of the School Standards and Framework Act 1998 (?SSFA 1998?)1. The Code has been made following a consultation under Section 85(2) of the SSFA 1998 and after being laid before Parliament for forty days.?
SSFA 1998, Section 84
This section ties any guidance, including the School Admissions Code into legislation.
www.legislation.gov.uk/ukpga/1998/31/section/84
Page 8, Section 1.2 and Footnote 12
?Published Admission Number (PAN) - As part of determining their admission arrangements11, all admission authorities must set an admission number for each ?relevant age group12.
12 This is the age group at which pupils are or will normally be admitted to the school e.g. reception or year 7 (Section 142 of the SSFA 1998).?
This puts summer-borns firmly within the age group of reception class.
SSA 1998, Section 142
?reception class? means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;"
www.legislation.gov.uk/ukpga/1998/31/section/142
Page 10, para 1.9
?It is for admission authorities to formulate their admission arrangements, but they must not:
....
m) interview children or parents. In the case of sixth form applications, a meeting may be held to discuss options and academic entry requirements for particular courses,?
This might be useful for cases where there are no medical issues etc and parents simply want to have their child enter reception class after they have reached the age of five. Some LEA?s may quote section 2.17 to try and ?interview?, which clearly doesn?t apply to the summer-born issue.
Page 21, para 2.16
?Admission of children below compulsory school age and deferred entry to school - Admission authorities must provide for the admission of all children in the September following their fourth birthday. The authority must make it clear in their arrangements that:
a) parents can request that the date their child is admitted to school is deferred until later in the academic year or until the term in which the child reaches compulsory school age, and
b) parents can request that their child takes up the place part-time until the child reaches compulsory school age.?
It would appear that provisions of sub-paragraphs a) and b) gives parents the option to choose when their child enters school and places an obligation on the Admission authority to ensure that this right is made clear to parents. Alongside the definition of reception class, this could be a strong argument.
?Compulsory School Age? can be found in Part 1, Chapter 1, sub-section 8 of the Education Act 1996
"(2) A person begins to be of compulsory school age -
(a) when he attains the age of five, if he attains that age on a prescribed day, and
(b) otherwise at the beginning of the prescribed day next following that age."
www.legislation.gov.uk/ukpga/1996/56/section/8
Page 21, para 2.17
?Admission of children outside their normal age group - Parents of gifted and talented children, or those who have experienced problems or missed part of a year, for example due to ill health, can seek places outside their normal age group. Admission authorities must make decisions on the basis of the circumstances of each case, informing parents of their statutory right to appeal. This right does not apply if they are offered a place in another year group at the school.?
Does not apply to summer-borns. Also, there is no definition of 'normal age group'. However there is a definition of 'relevant age group' in the Code which refers back to Section 142 of SSFA 1998 and the meaning of reception class. ""reception class" means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age". This again puts summer-borns firmly within the age group of reception class.
Appendix ? Relevant Legislation, pages 28 & 29, para 1
?This appendix sets out the primary legislation and regulations most relevant to admissions decisions. Admission authorities, Schools Adjudicators, appeal panels, local authorities and maintained schools must comply with the relevant law as well as acting in accordance with the provisions of this Code. This Code and the School Admission Appeals Code (the Codes) are applied to Academies through their Funding Agreements. The information here aims to signpost the relevant law; it does not aim to provide definitive guidance on interpreting the law: that is for the courts.?
Note: "must comply with the relevant law as well as acting in accordance with the provisions of this Code."
Excerpts from School Admissions Code 2012 Glossary
?Academic Year
A period commencing with 1 August and ending with the next 31 July, as defined by the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012.?
School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012,
PART 1 Interpretation Regulation 2
"academic year? means a period commencing with 1st August and ending with the next 31st July;?
www.legislation.gov.uk/uksi/2012/8/regulation/2/made
LEA?s appear to sometimes confuse the definition of academic year with the definition of school year, which may be an additional point of reasoning for those with August born children.
?Reception Class
Defined by Section 142 of the SSFA 1998. An entry class to primary schools providing education suitable for children aged five and any children who are under or over five years old whom it is expedient to educate with pupils of that age.?
SSFA 1998, Section 142
?reception class? means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;"
www.legislation.gov.uk/ukpga/1998/31/section/142
Note slight difference in wording between code glossary and legislation.
?Relevant Age Group
The age group to which children are normally admitted. Each relevant age group must have admission arrangements, including an admission number. Some schools (for example schools with sixth forms which admit children into the sixth form) may have more than one relevant age group.?
Page 8, para 1.2 of the code refers to Relevant Age Group and the accompanying Footnote 12 states 'This is the age group at which pupils are or will normally be admitted to the school e.g. reception or year 7 (Section 142 of the SSFA 1998).' Therefore referring back to the meaning of Reception Class.
www.legislation.gov.uk/ukpga/1998/31/section/142
?School Year
The period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July, as defined by Section 579 of the Education Act 1996.?
Education Act 1996, Section 579
??school year?, in relation to school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;?
www.legislation.gov.uk/ukpga/1996/56/section/579
LEA?s appear to sometimes confuse the definition of academic year with the definition of school year, which may be an additional point of reasoning for those with August born children.