Decision details

Variation of school admission arrangements for 2021/2022 and 2022/2023 due to the requirements of the new 2021 School Admissions Code

Decision Maker: Cabinet

Decision status: Recommendations Approved (subject to call-in)

Is Key decision?: No

Is subject to call in?: No

Decision:

RESOLVED: That Cabinet;

Determined the necessary variations to the admission arrangements for 2021/2022 and 2022/2023 as described below:

 

A.      To amend the first oversubscription criterion for all Community and VC Schools to give the highest priority to: ‘looked after children and all previously looked after children, including those children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted. Previously looked after children are children who were looked after but ceased to be so because they were adopted (or became subject to a child arrangements order or special guardianship order). All references to previously looked after children in this Code mean such children who were adopted (or subject to child arrangements orders or special guardianship orders) immediately following having been looked after and those children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted.’

B.      To agree that WNC’s new In-year scheme can be included in the admission arrangements;

C.      To approve the new FAP, subject to consultation with schools in West Northamptonshire;

D.      Any variation agreed will be conditional on the Code passing through Parliament;

E.      All such variations should come into force on 1 September 2021.

 

REASONS:

The variations are necessary to comply with the statutory requirements of the School Admissions Code (2021).  It is the duty of all admission authorities to act in accordance with the Code

 

ALTERNATIVE OPTIONS:

A.    It is necessary to vary the 2021/2022 and 2022/2023 admission arrangements (previously determined) of schools for which NNC admission authority (i.e. Community and VC schools) in order to comply with the new Code which will come into force on 1 September 2021.

B.    The 2021 School Admissions Code (the Code) requires children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted to be given equal first priority in admission arrangements, alongside looked after children (LAC) and children who were previously looked after by English local authorities (PLAC). The DfE advice to admission authorities refers to these children as internationally adopted previously looked after children – “IAPLAC”

C.    Paragraph 1.7 of the new Code will require that highest priority is given to “looked after children and all previously looked after children, including those children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted”. State care is further defined as being in the care of public authorities, religious authorities or other organisations that act in the public benefit and could encompass a wide range of institutions.

D.    This new provision will necessitate variations to determined admission arrangements to take effect from 1 September 2021. West Northamptonshire Council (WNC) will need to vary the admission arrangements for its schools for 2021/22 (which would have been determined by 28 February 2020) and their admission arrangements for 2022/23 (which would have been determined by 28 February 2021). Without these variations, admission arrangements that have already been determined will no longer comply with the Code from this date.

E.    Paragraph 3.6 of the current School Admissions Code (2014) states that once admission arrangements have been determined for a particular school year, they cannot be revised by the admission authority unless such revision is necessary to give effect to a mandatory requirement of the Code.

F.    The proposed variations described in this report will be necessary to comply with a mandatory requirement of the Code, so it will not be necessary to refer a variation request to the Schools Adjudicator (in respect of maintained schools).

 

CONFLICT OF INTERESTS DECLARED AND DISPENSATIONS GRANTED: None.

Publication date: 14/07/2021

Date of decision: 13/07/2021

Decided at meeting: 13/07/2021 - Cabinet

Accompanying Documents: