School Admissions Code extracts

The School Admissions Code (DfE, September 2021, paragraph 1.7) states that:

• All schools must have oversubscription criteria for each ‘relevant age group’ and the highest priority must be given, unless otherwise provided in this code, 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.

Faith-based oversubscription criteria in schools designated with a religious character

Schools designated with a religious character may give priority to all looked after children and previously looked after children whether or not of the faith, but they must:

• Give priority to looked after children and previously looked after children of the faith before other children of the faith.

Where any element of priority is given in relation to children not of the faith.

• They must give first priority to Looked after children and previously looked after children not of the faith above other children not of the faith.

For further details and specific wording, see paragraph 1.37.

Grammar Schools (paragraphs 1.18 – 1.20)

Only designated Grammar schools are permitted to select their entire intake on the basis of high academic ability.

They do not have to fill all of their places if applicants have not reached the required standard.

Where arrangements for pupils are wholly based on selection by reference to:

• ability and
• provide for only those pupils who score highest in any selection test to be admitted.

No priority needs to be given to looked after children or previously looked after children.

Where admission arrangements are not based solely on the highest scores in a selection test.

• The admission authority must give priority in its oversubscription criteria to all looked after children and previously looked after children who meet the pre-set standards of the ability test.

Pre-existing partial selecting schools (paragraph 1.23)

In relation to the proportion of pupils admitted on a selective basis, where arrangements provide for only those pupils who score highest in a selection test to be admitted, no priority needs to be given to looked after children or previously looked after children. Where such arrangements are not based on highest scores in a selection test, the admission authority must give priority in its oversubscription criteria to all looked after children and previously looked after children who meet the pre-set standards of the test. For the allocation of the remainder of places after selection, looked after children and previously looked after children must again be given first priority for admission.

Banding (paragraph 1.25)

Pupil ability banding is a permitted form of selection 28 used by some admission authorities to ensure that the intake for a school includes a proportionate spread of children of different abilities.

Where the school is oversubscribed:

• Looked after children and previously looked after children must be given top priority in each band, and then any oversubscription criteria applied within each band
• Looked after children and previously looked after children must be given top priority in each band, and then any oversubscription criteria applied within each band, and;
  • priority must not be given within bands according to the applicant’s performance in the test.