Published 16 August 2022
Last updated 17 March 2023 — See all updates
Contents
-
Object to a school’s
admission arrangements
-
Apply for an in-year
variation to admission arrangements
-
Appeal against a
direction to admit a child
Object to a school’s admission arrangements
Anyone may object to the admission arrangements of a school. This
includes:
- parents or carers
- members of the public
- governing boards
- academy trusts
- local authorities
- religious authorities
You can object to the schools adjudicator because you consider a
school’s admission arrangements do not comply with the school admissions code
or other legislation.
To object to or refer the admission arrangements of a school,
complete and return the objection to school
admission arrangements (MS Word Document, 47.2 KB)
form. This should be in Word format, not PDF.
Deadline for objections
The deadline for objections each year is 15 May. Objections will
be considered by the adjudicator if they’re made on time.
Admission arrangements can be referred to the adjudicator at
other times, but the adjudicator has the discretion as to whether
to consider the case if it is referred after 15 May.
Adjudicator’s decisions
The adjudicator will decide whether or not to uphold an
objection, or parts of an objection. They will also identify any
other parts of the admission arrangements that do not conform to
the school admissions code
or other legislation.
They will write their decision in what is called a determination,
and set a date for the admission authority to revise its
arrangements. An adjudicator’s decisions are binding and
enforceable, and can only be challenged by judicial review in the
High Court.
Adjudicators do not consider the admission of individual children
to schools other than through the direction process.
Apply for an in-year variation to admission
arrangements
Once admission arrangements have been determined for a particular
academic year, they cannot be revised by the admission authority
unless to give effect to:
- a mandatory requirement of the school admission code
- admissions law
- a determination of the adjudicator
- any misprint in the admission arrangements
Admission authorities may propose other variations where they
consider such changes to be necessary in view of a major change
in circumstances. For community, voluntary-aided and foundation
schools, such proposals must be referred to the adjudicator for
approval, and the appropriate bodies notified. See paragraph 3.6
of the school admissions
code.
Admission authorities should use the request for an in-year
variation for admissions (ODT, 42.3 KB) form to
make their variation proposal.
Academy schools proposing to vary admission arrangements should
contact the Education and Skills Funding Agency (ESFA).
Appeal against a direction to admit a child
A local authority has the power to direct the admission authority
for a voluntary-aided or foundation school in its area for which
it is not the admission authority, to admit a child even when the
school is full. The local authority can only make a direction in
respect of a child who has been refused entry to, or has been
permanently excluded from, every suitable school within a
reasonable distance.
A local authority also has the power to direct the admission
authority for a voluntary-aided or foundation school for which it
is not the admission authority, in any part of England, to admit
a looked-after child. The local authority cannot make such a
direction in respect of a school from which the child has been
permanently excluded. See paragraphs 3.23 to 3.28 of the school admissions
code.
For academies, directions are made by ESFA on behalf of
the Secretary of State for Education. Requests from local
authorities for an academy to be directed to admit a child should
be made to ESFA. See paragraph
3.29 of the school admissions
code.
Before deciding to give a direction, a local authority must
consult the governing board of the school, the parent or carer of
the child, and the child if they are over compulsory school age.
Timescales
If, following consultation, the local authority decides to
direct, it must inform the governing body and headteacher of the
school of its intention to direct. The governing board can appeal
the intention to direct the school to admit the child to the OSA
within:
- 7 days for a looked-after child
- 15 days for a hard-to-place child
These timescales are actual days, not working days, and include
weekends, bank holidays and school holidays.
If you wish to appeal against a direction to admit a child,
email: osa.team@schoolsadjudicator.gov.uk.
