Admissions experts: academy admission policy query

[anyquestions]

Our local secondary school recently converted to academy status. The school has been consistently oversubscribed for many years. After consultation, the governors decided to change the school's admissions policy. The key change was to give higher priority to children living within a specific postcode area (a controversial decision as it will result in many cases where a child living further away gets priority over a child living nearer the school but in a different postcode area). However, after the special needs/children in care-related priorities the changed admissions policy still gives the highest priority of all to siblings (regardless of address). The first year for which the intake will be governed by the changed policy is the year starting Year 7 in September 2014. I have a friend whose son is due to start secondary school in September 2015. His older brother is already at the school, so provided high priority continues to be given to siblings he should get a place. However under the new rules which prioritise a particular postcode, he would be unlikely to get a place without sibling priority as he does not live in the priority postcode area. (NB The family has not moved house. Older brother got his place based on current address under the old admissions policy.)

My friend has heard a suggestion that the policy might change again for the September 2015 intake so that sibling policy is removed/only applies to siblings in the priority postcode area. I was surprised at this as I thought that an academy was not allowed to change its admissions policy for two consecutive years and that therefore, whatever might happen in the future, the admissions policy for the September 2015 intake would be bound to be the same as for the September 2014 intake.

Would the school be allowed to alter its admissions policy for the September 2015 intake?

Yes they will. Provided they follow the procedures correctly they can change their admission arrangements every year if they want. They will need to hold a consultation on any changes which must last for at least 8 weeks and take place between 1st November 2013 and 1st March 2014.

Thank you. It's strange because I definitely had an idea that they couldn't change again for a certain period. Any idea where I might have got that from?? (Not doubting your advice, just a bit puzzled!)

I think when the first Academies were created they couldn't set their own admissions criteria for a certain number of years.

There is no doubt that as long as they go through the proper consultation that they can change the admission criteria every year,just as an LA maintained school could if the LA was so inclined.
There are various bits in the school admission code that are about ensuring that the school cannot have an admission criteria that disadvantages unfairly, either directly or indirectly a child from a particular social or racial group (paragraph 1.8). Whilst there are is no doubt that having catchment area is completely legal, the question becomes one of is there something about that particular postcode that means that the school is disadvantaging some other pupils. Given that there will be pupils from further afield by virtue of this decision one has to wonder about the real reasoning for this change. If there is concern, maybe a conversation with the School Adjudicator would in order to ensure that the admission criteria is legal.

Thank you all. I think it fair to say that the consultation about the "priority postcode" change was not overly lengthy when it came to explaining the reasons for the change! I have heard a number of parents put forward various theories. What would be the deadline for challenging a policy with the School Adjudicator?

For 2014 admissions the deadline was 30th June - that allows the Adjudicator to deal with the case in time to get the correct information in the composite prospectus published by the LA. The Adjudicator may still consider a complaint but you may be asked to give a good reason for missing the deadline.

For 2015 admissions you can object after the admission arrangements have been determined (which will be no later than 15th April 2014). The deadline will again be 30th June.

Thank you.