LEA response to voluntary-aided school admission arrangements 2007-2008

Report to:	Leader under delegated power
Date:	16 May 2006
Subject:	LEA response to voluntary-aided school admission arrangements 2007-2008
Report of:	Director of Children and Young People's Services
Contact officer:	Chris Parry 01942 486035 c.parry@wiganmbc.gov.uk
Purpose / summary:	The purpose of this report is to inform Members of: the admission number determined by the governing body of St George's Central C E Primary School, Tyldesley; and the new regulations and Liverpool Archdiocesan guidelines about children in public care and admission criteria and to make the LA response to this.
Alternative options considered and reason for selecting the one recommended:	The reasons for selecting the recommended options are contained in sections 4 and 7 of this report.
Recommendation / decision:	Members are recommended to advise that the LA: objects to the Schools Adjudicator about the reduction in admission number for St George's C E Central Primary School Tyldesley from 45 to 30 for 2007-2008; and does not refer schools to the Schools Adjudicator which have determined admission criteria which follow Liverpool Archdiocesan and Salford Diocesan guidelines on children in public care for 2007-2008.
Key Decision:	This report does not involve a key decision.
Implications:
Summary of reasons for report being closed in the public interest:	Not applicable
Financial:	None
Staffing:	None
Policy:	None
Equal Opportunities - Has a Diversity Impact Assessment been conducted?	No
Wards affected:	All
Special Interest Members – Which have been consulted	None

Has the Director of Legal and Property Services confirmed that the recommendations within this report are lawful and comply with the Council’s Constitution?	Yes
Has the Director of Finance and IT confirmed that any expenditure referred to within this report is consistent with the Council’s budget?	Yes
Are any of the recommendations within this report contrary to the Policy Framework of the Council?	No

Categorisation of the report:

Discussion leading to a decision	-	Discussion	-
Monitoring	-	Decision	x
Sharing for corporate understanding	-	Information	-

Tracking/Process:

	Consultation	Ward Members	Partners
	-	-	-
Panel	Overview & Scrutiny	Cabinet	Council
-	-	11.05.06	-

List of Background Papers in accordance with Section 100D of the Local Government Act 1972:

Document	Date	File Reference	Place of Inspection
School Admissions Code of Practice	February 2003	School Placements	Children and Young People's Services Progress House Westwood Park Drive Wigan WN3 4HH
The Education (Admission of Looked after Children) ( England) Regulations 2006	January 2006	School Placements 2006 No:128	Children and Young People's Services Progress House Westwood Park Drive Wigan WN3 4HH

Proper Officer
Date	11 May 2006

1 Background

1.1 The governing body is the admission authority at voluntary-aided schools.

Each year the governing body must consult other admission authorities, including the LA, on the admission arrangements it proposes for the school. The local Admission Forum also gives its view on the proposals.

1.2 The governing body must determine (finalise) the admission arrangements by 15 April, after considering the consultation responses.

1.3 If any admission authority wants to object to the determined admission arrangements, it can only do so through the School's Adjudicator. This must be done within 6 weeks of being notified of the admission arrangements.

2 St George's Central C E Primary School

2.1 The governing body of St George's Central C E Primary School consulted on a reduction in their admission number from 45 to 30 for 2007-2008.

2.2 The responses to the governing body were:

Consultee	Response
Admission Forum	The forum does not agree the proposed decrease in admission number because it is not in line with the net capacity of the school. In addition, although fewer children were admitted in 2005, this trend may not continue and a reduction in admission number would limit parental preference.
LEA (Children' Services Panel 12.01.06 and Cabinet 19.01.06)	The LA objects to the proposed decrease in admission number from 45 to 30 because: the net capacity of the school does not allow an admission number of 30; no funding is in place to reduce the accommodation at the school and we would have to publish notices to explain to parents why the admission number is less than the capacity of the school; first preferences were 30 for 2005 but have consistently been higher than this in previous years; and the LA must give consideration to the wider implications for the area of any proposed reduction in admission numbers for the school
Schools and neighbouring LEAs	No comments received.

2.3 Despite the objections, the governing body determined an admission number of 30 for 2007-2008. Their notification is attached at Appendix 1.

3 Comments on the determined arrangements

3.1 Parental first preferences for Reception in 2006 were 31 and the governing body has allocated places to 33 children.

3.2 Because the admission number is less than that indicated by the net capacity assessment, the governing body must publish a notice to inform parents and to give them the opportunity to object to the Schools' Adjudicator. Members considered this issue for community and voluntary-controlled schools in January (Children's services Panel 12.01.06 and Cabinet 19.01.06) and agreed that admission numbers should not be kept artificially low in this way as it restricts parental preference.

3.3 There are not enough places at Hindsford C E Primary School but would be enough at Hindsford and Shakerley C.E. Primary School together to accommodate all children in the area who might be displaced following a review of provision. Additionally, although the admission number at Hindsford C E is 30, the net capacity assessment gives an indicated admission number of 22. The accommodation would therefore be much more overcrowded than that at St George's Central if more children were admitted.

4 Recommendation

4.1 It is recommended that Members ask the Director of Children and Young People's Services to object to the Schools Adjudicator on behalf of the LA about the proposed admission number for St George's C E Primary School, Tyldesley because:

• parental preference would be reduced;
• the reduced admission number does not reflect the capacity of the school;
• there is no funding in place to reduce the capacity of the school buildings; and
• Members agreed in principal that admission numbers should reflect the net capacity of the school and that they should not be kept artificially low, resulting in the need to issue notices to allow parents to object;

5 Children in public care in admission criteria.

5.1 Background

5.1.1 The School Admissions Code of Practice states that children in public care should be given top priority in admission criteria. The LA has given this priority for community and voluntary-controlled schools and has successfully objected to the Schools Adjudicator when voluntary-aided schools have not done so.

5.1.2 The Local Admission Forum has also recommended that all children in public care be given top priority in admission criteria. Children's Services Panel (12.01.06) and Cabinet (19.01.06) recommended that the LEA refer any voluntary-aided admission arrangements to the Schools Adjudicator that do not give all children in public care top priority in admission arrangements.

5.2 New regulations and guidance

5.2.1 New regulations (The Education (Admission of Looked After Children) ( England) Regulations 2006) have been issued which state that schools which have a religious character should, as a minimum:

• give first priority to looked after children of that faith over all other children of that faith; and
• give higher priority to all relevant looked after children not of that faith over all other children not of that faith.

5.2.2 Liverpool Archdiocese and Salford Diocese, which cover all Catholic schools in the Borough, have issued new guidance to their schools which recommends that their admission criteria give the following priorities:

• Catholic children in public care
• Other categories of Catholic children,
• Non-Catholic children in public care and
• Other categories of non-Catholic children.

This is legal under the new regulations although the Code of Practice recommendation remains the same. Catholic authorities across the country are making similar recommendations to their schools.

5.2.3 Many Catholic schools in the LA have determined admission criteria which follow this new guidance. Schools did not consult on the new admission criteria as the guidance was issued too late for consultation and the LA has not therefore been able to respond. The Admission Forum view is that all children in public care should have equal priority.

6 Options

6.1 The options for the LA are:

• Object to the Schools Adjudicator about the schools which have determined criteria according to the new Diocesan guidelines: or
• Not to object this year and to respond to consultation fully for 2008-2009 and make any objections to the Schools Adjudicator as necessary following this.

7 Recommendation

7.1 It is recommended that the LA does not refer these schools to the Adjudicator this year because:

• we have not had the opportunity to respond to consultation;
• the admission arrangements are not illegal;
• a referral to the Adjudicator without further discussion with the Diocese and schools may damage our current excellent working relationships with them; and
• the issue is a nationwide one which may lead to test cases in the high court which could clarify the issue and inform the decision further.

Appendices

• Delegated Decision by Executive Leader 16 May 2006

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