Previously Looked after Children - School Admissions

[crazylady3]

Can anyone tell me if ALL schools have to accept any child previously looked after? Im due to apply for schools in October but have noticed that some schools still state that the child has to have been adopted under the Childrens Act 2002? The school Im interested in is not a faith school.

All state schools, yes.

OK brilliant. The school haven't changed their admission policy and have told me that they have a choice as to whether they make the change?! I thought it was more than 'guidance' and a definite change to be implemented?

As long as they were adopted from local authority care they get priority.

I'm afraid the previous answers are incomplete. Whether or not a child who was previously looked after is entitled to priority depends on how their period of being looked after ended.

A child is classed as previously looked after if they were looked after but ceased to be so because they were adopted (under the terms of the Adoption and Children Act 2002) or became subject to a residence order or special guardianship order. If they were not adopted or subject to one of these orders immediately following having been looked after the school does not have to give them priority.

So if I apply for a school which still mentions the 2002 Act, they are an Academy, so deal with their own admissions should I get a place? Or would I have to appeal? How would it work. We adopted after being looked after.

Actually, there was some changes published in May- the government now expects admission authorities to give priority to all children previously LAC, regardless of when they were adopted with immediate effect:

Here

(Sorry prh!)

It might be worth drawing the school's attention to the document I linked to. They may simply be unaware of the changes, as the admissions code has not yet been amended (although the changes should be implemented now).

*there WERE some changes, not was I'm a bit common

anyone can I ask when the admissions code will be amended again? The government said back in May they would amend it to reflect their new guidance on adopted children (to allow priority to children adopted under the Act of 1976 as well) "at the earliest opportunity" - when is the earliest opportunity? I've gotten a few questions from adoptive parents about when their child (adopted before 2005) will get priority, and I don't know how to answer them because obviously they might get it now if the admissions authority are following the goverments guidance/expectations, but they might not, and I'd like to be able to tell them for which school year the guidance will actually become an absolute requirement

Sorry!

The document I linked to says that admissions authorities need to take note of the wider interpretation (ie not just children adopted under the 2002 act) and give the highest priority to all children adopted from care with immediate effect. (Page 5)

In other words, schools need to make the changes now rather than wait for the code to be amended.

• schools admissions authorities

Oh thanks very much tether tht makes things much simpler!

The document is only guidance so, unlike the Admissions Code, it is not binding on admission authorities. It is strongly persuasive but doesn't force admission authorities to change their policy, hence the comment on page 5 referring to "admission authorities that decide to adopt this wider interpretation". The draft Admissions Code that is currently going through consultation will force all admission authorities to fall into line when it comes into force (probably early next year).

True, prh, it is only guidance at this stage (I should know better than to disagree with you )- but it does mean that admissions authorities cannot claim that their hands are tied and that they can only give priority to those adopted after 2005, which it seems some still are.

Given the wording of the guidance, I think most admissions authorities will (or at least should) extend the priority to all children adopted from care once they are made aware of the fact that the restriction on doing so has been lifted.

I agree. And it will be interesting to see how appeal panels react if they are shown this document. I suspect most will think that as this is only guidance it doesn't trump the admissions criteria but some may be persuaded.

If I was on the panel and was directed to this document, I would want to know who was directing me to it.
If it was the clerk, then that is a rather large hint that you really need to be taking this into consideration.
If however it came from the appellant then I would direct a question to the responsible officer who is making the admission authorities case to ascertain whether the admission authority was aware of this "request" and that it is likely to be in the legal guidance next year and if they were why they had decided not to admit on that basis.
I think the other thing to say is that the original clarification on this came out in May from Edward Timpson and was very clear that "Admission authorities should take note of the Government’s expectation that all
admission authorities will apply this wider interpretation and give highest priority to all children adopted from care with immediate effect." That is also a rather large hint as to which way this should be going, no matter the admission criteria.

The schools in my area that set their own admission criteria seem to have not made any changes at all, i.e. still only giving priority to those adopted after December 2005! Im unsure as to whether to carry on and apply to these schools then appeal hoping that things have changed by next March or to stick with the school that has already changed its policy?!

Admission criteria for admission in 2015 have already been set and schools have very little time to make changes. But I wouldn't worry about that. Put the schools in your order of preference. I take it from what you have posted that the school that has changed policy is not your first choice. That doesn't matter. You won't damage your chances of getting a place at this school by putting it further down the list. In fact you are pretty much guaranteed a place at that school even if you put it last. If you don't get a place at one of your preferred schools you should appeal and submit this guidance from the government as part of your evidence. Highlight the statement at the top of page 5 that Admission quotes.