Steve McCabe – 2016 Parliamentary Question to the Department for Education

The below Parliamentary question was asked by Steve McCabe on 2016-04-08.

To ask the Secretary of State for Education, pursuant to the Answer of 24 March 2016 to Question 31889, whether local authorities can instruct academy schools to admit children to meet their legal obligation; and whether it is her policy that local authorities will be able to instruct academy schools to admit children to meet their legal obligation under the proposed fully academised system.

Nick Gibb

Academy schools are their own admission authorities as are maintained voluntary aided and foundation schools. Such schools set their own admission policies and can only change them after consulting local people. Local authorities (LAs) can object to the Schools Adjudicator about an admission policy or a reduction in an admission number but cannot determine how many pupils such schools must admit.

LAs are able to launch a competition for a new free school and, in certain circumstances, place children through the local fair access protocol or, where a school does not agree to admit a child, seek to direct admission.

All state-funded schools are required to participate in the local in-year fair access protocol. Protocols allocate places to children who are unplaced by the start of the school year. Legislation also provides local authorities with powers to seek to direct the admission of children to maintained schools for which they are not the admission authority. Academy funding agreements contain similar direction powers.

Directions can be sought when there is no other school place within a reasonable distance or where a looked after child has been refused a place.

The Schools Adjudicator decides directions for maintained schools while the Education Funding Agency decides directions for academies on behalf of the Secretary of State.