School Admissions Code 2021 2

School Admissions
Code
Mandatory requirements and statutory
guidance for admission authorities,
governing bodies, local authorities,
schools adjudicators and admission
appeals panels
September 2021
Contents
The Statutory Basis for the School Admissions Code ................................................... 4

Introduction ........................................................................................................................ 7
Purpose of this Code ........................................................................................................ 7
Overall principles behind setting arrangements ................................................................ 7
How admissions work ....................................................................................................... 7
Section 1: Determining Admission Arrangements ......................................................... 9
Published Admission Number (PAN) ................................................................................ 9
Oversubscription criteria ................................................................................................. 10
Consultation.................................................................................................................... 18
Determination ................................................................................................................. 19
Composite prospectuses ................................................................................................ 20
Section 2: Applications and Offers ................................................................................ 21
Applying for places in the normal admissions round....................................................... 21
Applying for places at Sixth Form ................................................................................... 22
Allocating places............................................................................................................. 22
Offering a place .............................................................................................................. 23
Withdrawing an offer or a place ...................................................................................... 23
Waiting lists .................................................................................................................... 24
Infant class size .............................................................................................................. 24
Admission of children below compulsory school age and deferred entry to school ........ 25
Admission of children outside their normal age group .................................................... 25
Children of UK service personnel and crown servants ................................................... 26
Co-ordination .................................................................................................................. 26
In-year admissions ......................................................................................................... 27
Right to appeal ............................................................................................................... 29
School closure ................................................................................................................ 29
Section 3: Ensuring Fairness and Resolving Issues .................................................... 30
The Schools Adjudicator ................................................................................................. 30
Variations ....................................................................................................................... 31
Children who have been permanently excluded twice or display challenging behaviour 31
Fair Access Protocols ..................................................................................................... 32
Local authority powers of direction (general) .................................................................. 35
Local authority powers of direction (looked after children) .............................................. 35
Secretary of State’s power of direction (Academies) ...................................................... 36
Local authority reports .................................................................................................... 36
2
Appendix 1 – Relevant Legislation ................................................................................. 37
Equality Act 2010............................................................................................................ 37
Human Rights Act 1998 .................................................................................................. 38
School Standards and Framework Act 1998 .................................................................. 38
Appendix 2– Sample Admission Arrangements ........................................................... 39
The Admissions Timeline................................................................................................ 41
Example timetable .......................................................................................................... 41
Glossary ........................................................................................................................... 44
Index ................................................................................................................................. 49
3
The Statutory Basis for the School Admissions
Code
1. The School Admissions Code (‘the Code’) has been issued under Section
84 of the School Standards and Framework Act 1998 (‘SSFA 1998’) 1. The Code
has been made following a consultation under Section 85(2) of the SSFA 1998
and after being laid before Parliament for forty days.
2. This Code comes into force on 1 September 2021 and, unless otherwise
stated, applies with immediate effect. The Code applies to admissions to all
maintained schools in England. It should be read alongside the School Admission
Appeals Code and other guidance and law that affect admissions and admission
appeals in England.
3. This Code imposes mandatory requirements and includes guidelines

setting out aims, objectives and other matters in relation to the discharge of
functions relating to admissions by the bodies listed below:
a) Admission authorities of maintained schools as defined in

Section 88(1) (a) and (b) of the SSFA 1998 2
b) Governing bodies and local authorities (when not admission
authorities)
c) Schools Adjudicators
d) Admission Appeal Panels.
These bodies have a statutory duty to act in accordance with the relevant
provisions of the Code.
Application of the Code to Academies

4. Academies, by which we mean Academy Schools 3, (including those
that are Free Schools, University Technical Colleges and Studio Schools), are
state-funded, non fee-paying independent schools set up under a Funding
Agreement between the Secretary of State and the proprietor of an Academy
(most commonly, and hereafter, referred to as an Academy Trust). Academies are
required by their funding agreements to comply with the Code and the law relating
to admissions, although the Secretary of State has the power to vary this
requirement where there is demonstrable need.
1
Where statutory provisions have been amended, any references to them are references to them
as amended.
2
For community and voluntary controlled schools the admission authority is usually the local
authority, but it may be the governing body if the local authority with the governing body’s
agreement has delegated responsibility to it for determining admission arrangements. Governing
bodies are the admission authorities for foundation schools (including Trust schools) and voluntary
aided schools.
3
Academies are defined in Section 1A of the Academies Act 2010.
4
Compliance with the Code
5. It is the responsibility of admission authorities to ensure that admission
arrangements 4 are compliant with this Code. Where a school is their own
admission authority, this responsibility falls to the governing body or Academy
Trust.
6. Section 88P of the SSFA 1998 requires local authorities to make reports to
the Schools Adjudicator about such matters connected with relevant school
admissions as required by the Code. Minimum requirements for that report are set
out at paragraph 3.30 of this Code and include an assessment of the
effectiveness of Fair Access Protocols and co-ordination in their area, how
admission arrangements affect the interests of looked after children and
previously looked after children, and the number and percentage of lodged and
upheld parental appeals. The report must be published locally. The Schools
Adjudicator will report annually to the Secretary of State on Fair Access.
7. Objections to the admission arrangements of both maintained schools and

Academies can be made to the Schools Adjudicator whose decisions are binding
and enforceable 5.
8. The Secretary of State may refer the admission arrangements of any

school to the Schools Adjudicator at any time if the Secretary of State considers
that they do not or may not comply with the mandatory requirements of this Code
or the law.
9. The Schools Adjudicator may investigate the admission arrangements of

any school that the Adjudicator considers do not or may not comply with the
mandatory requirements of this Code or the law.
10. Any decision of the Schools Adjudicator will be binding on the admission
authority. The admission authority must, where necessary, revise their admission
arrangements to give effect to the Schools Adjudicator’s decision within two
months of the decision (or by 28 February following the decision, whichever is
sooner), unless an alternative timescale is specified by the Adjudicator. An
Adjudicator’s determination is binding and enforceable. Where admission
authorities fail to implement decisions of the Adjudicator the Secretary of State
may direct the admission authority (either the governing body, the local authority,
or Academy Trust) to do so under Section 496 or 497 of the Education Act 1996
or the Funding Agreement.
4
Admission arrangements means the overall procedure, practices, criteria, and supplementary
information to be used in deciding on the allocation of school places and refers to any device or
means used to determine whether a school place is to be offered.
5
Section 88H of the SSFA 1998.
5
11. The table below sets out the admission authority for each type of school in
England.
Who is
responsible
Who is the Who deals with for arranging/
Type of School admission complaints about providing for an
authority? arrangements? appeal against
refusal of a place
at a school?
Schools
Academies Academy Trust Academy Trust
Adjudicator
Foundation Schools
Governing body Governing body
Schools Adjudicator
Voluntary aided Schools
Governing body Governing body
schools Adjudicator
Community Schools
Local Authority Local Authority
Schools Adjudicator
Voluntary Schools
Local Authority Local Authority
controlled schools Adjudicator
6
Introduction
Purpose of this Code

12. The purpose of the Code is to ensure that all school places for
maintained schools and Academies (excluding maintained special schools and
special academies 6) are allocated and offered in an open and fair way. The
Code has the force of law, and where the words ‘must’ or ‘must not’ are used,
these represent a mandatory requirement.
13. Admission authorities and local authorities must also comply with the
regulations and legislation set out in the Appendix to this Code.
Overall principles behind setting arrangements

14. In drawing up their admission arrangements, admission authorities must
ensure that the practices and the criteria used to decide the allocation of school
places are fair, clear, and objective. Parents should be able to look at a set of
arrangements and understand easily how places for that school will be
allocated.
How admissions work

15. In summary, the process operates as follows:
a) All schools must have admission arrangements that clearly set out
how children will be admitted, including the criteria that will be
applied if there are more applications than places at the school.
Admission arrangements are determined by admission authorities.
b) Admission authorities must set (‘determine’) admission

arrangements annually. Where changes are proposed to
admission arrangements, the admission authority must first
publicly consult on those arrangements 7. If no changes are made
to admission arrangements, they must be consulted on at least
once every 7 years. Consultation must be for a minimum of 6
weeks and must take place between 1 October and 31 January
of the school year before those arrangements are to apply (the
determination year). For example: for arrangements which are to
apply for entry in September 2023, consultation must be
6
A maintained special school is a school maintained by the local authority, which is specifically
organised to make special educational provision for pupils with special educational needs. A
special academy is an Academy including a free school, which meets the criteria set out in
Section 1A(2) of the Academies Act 2010. A special academy may be subject to the Code and
other relevant admissions law (as they apply to maintained schools) through its funding
agreement in relation to any child or young person with SEN it admits without an Education,
Health and Care Plan.
7
Except where the change is an increase to a school’s published admission number (see
paragraph 1.3) or is made to comply with any mandatory requirements of the Code or The
School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements)
(England) Regulations 2012 (hereafter the “School Admissions Regulations 2012”).
7
completed by 31 January 2022. This consultation period allows
parents, other schools, religious authorities, and the local
community to raise any concerns about the proposed admission
arrangements.
c) Once all arrangements have been determined, arrangements can

be objected to and referred to the Schools Adjudicator. Objections
to admission arrangements must be referred to the Adjudicator by
15 May in the school year before those arrangements are to apply
(the determination year). For example: for arrangements which are
to apply for entry in September 2023, objections must be referred
to the Adjudicator by 15 May 2022. Any decision of the Adjudicator
must be acted on by the admission authority and admission
arrangements amended accordingly. The local authority will collate
and publish all the admission arrangements in the area in a single
composite prospectus.
d) In the normal admissions round 8 parents apply to the local

authority in which they live for places at their preferred schools.
Parents are able to express a preference for at least three schools.
The application can include schools outside the local authority
where the child lives: a parent can apply for a place for their child
at any state-funded school in any area. If a school is
undersubscribed, any parent that applies must be offered a place.
When oversubscribed, a school’s admission authority must rank
applications in order against its published oversubscription criteria
and send that list back to the local authority. Published admission
arrangements must make clear to parents that a separate
application must be made for any transfer from nursery to primary
school, and from infant to junior school.
e) All preferences are collated and parents then receive an offer from
the local authority at the highest preference school at which a
place is available. The offer is made on National Offer Day – this is
1 March for secondary schools or 16 April for primary schools (or
the next working day where 1 March or 16 April fall on a weekend
or bank holiday), in the year in which the child will be admitted.
f) Parents, and in some circumstances children, have the right to

appeal against an admission authority’s decision to refuse
admission. The admission authority must set out the reasons for
the decision, that there is a right of appeal and the process for
hearing such appeals. The admission authority must establish an
independent appeals panel to hear the appeal. The panel will
decide whether to uphold or dismiss the appeal. Where a panel
upholds the appeal, the school is required to admit the child.
8
The “normal admissions round” covers applications for admission in a relevant age group,
which are made in time for the local authority to offer a school place on National Offer Day. The
deadlines for submitting applications to be allocated on National Offer Day are 31 October for
secondary school and 15 January for primary school.
8
Section 1: Determining Admission Arrangements
1.1 Admission authorities are responsible for admissions and must act in
accordance with this Code, the School Admission Appeals Code, other laws
relating to admissions 9, and relevant human rights and equalities legislation.
Published Admission Number (PAN)

1.2 As part of determining their admission arrangements 10, all admission
authorities must set an admission number for each ‘relevant age group’ 11.
1.3 Own admission authorities are not required to consult on their PAN where
they propose either to increase or keep the same PAN 12. For a community or
voluntary controlled school, the local authority (as admission authority) must
consult at least the governing body of the school where it proposes either to
increase or keep the same PAN. All admission authorities must consult in
accordance with paragraph 1.45 below where they propose a decrease to the
PAN. Community and voluntary controlled schools have the right to object to the
Schools Adjudicator if the PAN set for them is lower than they would wish. There
is a strong presumption in favour of an increase to the PAN to which the
Schools Adjudicator must have regard when considering any such objection.
1.4 Admission authorities must notify their local authority of their intention to
increase the school’s PAN and reference to the change should be made on the
school’s website. If, at any time following determination of the PAN, an
admission authority decides that it is able to admit above its PAN, it must notify
the local authority in good time to allow the local authority to deliver its co-
ordination responsibilities effectively. Admission authorities may also admit
above their PAN through in-year admissions. The PAN only applies to the
relevant age group. This means that admission authorities may not refuse
admission to other age groups on the grounds that they have already reached
their PAN. They may, however, refuse admission where the admission of
another child would prejudice the provision of efficient education or efficient use
of resources.
1.5 Any admissions above the PAN as set out in paragraph 1.4 above will not
constitute an increase to the PAN 13. Information on variations to the PAN after
admission arrangements have been determined for a particular school year is
set out in paragraph 3.6 of this Code.
9
The main provisions relating to admissions are in Chapter 1 of Part 3 of the SSFA 1998.
10
See Sections 88C and 88D of the SSFA 1998.
11
This is the age group at which pupils are or will normally be admitted to the school e.g.
reception, year 7 and year 12 where the school admits external applicants to the sixth form
(Section 142 of the SSFA 1998).
12
Regulation 14 of School Admissions Regulations 2012.
13
Where an enlargement of school premises is proposed the governing body of a maintained
school is required to observe the relevant regulations, currently the School Organisation
(Prescribed Alterations to Maintained Schools) (England) Regulations 2013 (SI 2013/3110). For
Academies, such changes are agreed with the Secretary of State through the Funding
Agreement.
9
Oversubscription criteria
1.6 The admission authority for the school must set out in their arrangements
the criteria against which places will be allocated at the school when there are
more applications than places and the order in which the criteria will be applied.
All children whose Education, Health and Care Plan 14 names the school must be
admitted. If the school is not oversubscribed, all applicants must be offered a
place (with the exception of designated grammar schools - see paragraph 2.8 of
this Code).
1.7 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 15 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 16. Previously looked after children are children who were looked after
but ceased to be so because they were adopted 17 (or became subject to a child
arrangements order 18 or special guardianship order 19). 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. Oversubscription criteria
must then be applied to all other applicants in the order set out in the
arrangements.
1.8 Oversubscription criteria must be reasonable, clear, objective,

procedurally fair, and comply with all relevant legislation, including equalities
legislation. Admission authorities must ensure that their arrangements will not
disadvantage unfairly, either directly or indirectly, a child from a particular social
or racial group, or a child with a disability or special educational needs, and that
other policies around school uniform or school trips do not discourage parents
from applying for a place for their child. Admission arrangements must include
an effective, clear, and fair tie-breaker to decide between two applications that
cannot otherwise be separated.
14
An Education, Health and Care Plan is a plan made by the local authority under Section 37 of
the Children and Families Act 2014 specifying the special education, health and social care
provision required for that child.
15
A 'looked after child' is a child who is (a) in the care of a local authority, or (b) being provided
with accommodation by a local authority in the exercise of their social services functions (see the
definition in Section 22(1) of the Children Act 1989) at the time of making an application to a
school.
16
A child is regarded as having been in state care outside of England if they were in the care of
or were accommodated by a public authority, a religious organisation, or any other provider of
care whose sole or main purpose is to benefit society.
17
This includes children who were adopted under the Adoption Act 1976 (see Section 12
adoption orders) and children who were adopted under the Adoption and Children Act 2002 (see
Section 46 adoption orders).
18
Child arrangements orders are defined in Section 8 of the Children Act 1989, as amended by
Section 12 of the Children and Families Act 2014. Child arrangements orders replace residence
orders and any residence order in force prior to 22 April 2014 is deemed to be a child
arrangements order.
19
See Section 14A of the Children Act 1989 which defines a ‘special guardianship order’ as an
order appointing one or more individuals to be a child’s special guardian (or special guardians).
10
1.9 It is for admission authorities to formulate their admission arrangements,
but they must not:
a) place any conditions on the consideration of any application other
than those in the oversubscription criteria published in their
admission arrangements;
b) take into account any previous schools attended, unless it is a named
feeder school;
c) give extra priority to children whose parents rank preferred schools
in a particular order, including ‘first preference first’ arrangements;
d) introduce any new selection by ability 20;
e) give priority to children on the basis of any practical or financial
support parents may give to the school or any associated
organisation, including any religious authority 21. The exception to this
is where parents pay optional nursery fees to the school or school-run
nursery, for additional hours on top of their 15-hour funded early
education, where children from the school nursery class or school-run
nursery are given priority for admission to Reception;
f) give priority to children according to the occupational, marital,
financial, or educational status of parents applying. The exceptions to
this are children of staff at the school and those eligible for the early
years pupil premium, the pupil premium and the service premium who
may be prioritised in the arrangements in accordance with
paragraphs 1.39 – 1.42;
g) take account of reports from previous schools about children’s past
behaviour, attendance, attitude, or achievement, or that of any other
children in the family;
h) discriminate against or disadvantage disabled children, those with
special educational needs, or those applying for admission outside
their normal age group where an admission authority has agreed to
this under paragraphs 2.18 to 2.20;
i) prioritise children on the basis of their own or their parents’ past or
current hobbies or activities (schools which have been designated as
having a religious character 22 may take account of religious activities,
as laid out by the body or person representing the religion or religious
denomination 23);
j) in designated grammar schools that rank all children according to a
20
There is a general restriction on selection by ability. Only the following schools are permitted
to use selection by ability: designated grammar schools; schools with partially selective
arrangements which already had such arrangements in place during the 1997/98 school year;
and school sixth forms. Grammar schools are designated as such by order made by the
Secretary of State under Section 104 of the SSFA 1998.
21
This includes any donations, paid work, or voluntary activity, which supports or benefits the
school or any associated organisation, including any religious organisation, or its employees
either directly or through work in the community. This does not include any religious activities as
permitted by paragraph 1.9(i) for schools which have been designated as having a religious
character, or instances where the admission authority has chosen to list children of staff within
their oversubscription criteria as permitted by paragraph 1.39 of this Code.
22
Designated by order under Section 69(3) of the SSFA 1998.
23
Schedule 3 of the School Admissions Regulations 2012. For Academies, the representative
body or person is set out in the Funding Agreement.
11
pre-determined pass mark and then allocate places to those who
score highest, give priority to siblings of current or former pupils;
k) in the case of schools with boarding places, rank children on the
basis of a child’s suitability for boarding – more information on
boarding schools is set out at paragraphs 1.43 - 1.44 below;
l) name fee-paying independent schools as feeder schools;
m) interview children or parents. In the case of sixth form applications, a
meeting may be held to discuss options and academic entry
requirements for particular courses, but this meeting cannot form part
of the decision making process on whether to offer a place. Boarding
schools may interview children to assess their suitability for boarding;
n) request financial contributions (either in the form of voluntary
contributions, donations, or deposits (even if refundable)) as any part
of the admissions process – including for tests; or
o) request photographs of a child for any part of the admissions
process, other than as proof of identity when sitting a selection test.
1.10 This Code does not give a definitive list of acceptable oversubscription
criteria. It is for admission authorities to decide which criteria would be most
suitable to the school according to the local circumstances. The most common
are set out below.
Siblings at the school

1.11 Admission authorities must state clearly in their arrangements what they
mean by ‘sibling’ (e.g. whether this includes step siblings, foster siblings,
adopted siblings and other children living permanently at the same address or
siblings who are former pupils of the school). If an admission authority wishes to
give some priority to siblings of former pupils, it must set out a clear and simple
definition of such former pupils and how their siblings will be treated in the
oversubscription criteria (bearing in mind the restrictions set out in paragraph 1.9
above).
1.12 Some schools give priority to siblings of pupils attending another state
funded school with which they have close links (for example, schools on the
same site, or close links between two single sex schools). Where this is the
case, this priority must be set out clearly in the arrangements.
Distance from the school or nodal points

1.13 Admission authorities must clearly set out how distance from home to the
school and/or any nodal points used in the arrangements will be measured. This
must include making clear how the ‘home’ address will be determined and the
point(s) in the school or nodal points from which all distances will be measured.
This should include provision for cases where parents have shared
responsibility for a child following the breakdown of their relationship and the
child lives for part of the week with each parent. The selection of a nodal point
must be clearly explained and made on reasonable grounds.
12
Catchment Areas
1.14 Catchment areas must be designed so that they are reasonable and
clearly defined 24. Catchment areas do not prevent parents who live outside the
catchment of a particular school from expressing a preference for the school.
Feeder Schools
1.15 Admission authorities may wish to name a primary or middle school as a
feeder school. The selection of a feeder school or schools as an
oversubscription criterion must be transparent and made on reasonable
grounds.
Social and medical need

1.16 If admission authorities decide to use social and medical need as an
oversubscription criterion, they must set out in their arrangements how they will
define this need and give clear details about what supporting evidence will be
required (e.g. a letter from a doctor or social worker) and then make consistent
decisions based on the evidence provided.
Selection by ability or aptitude

1.17 The admission authorities for all selective schools must publish the entry
requirements for a selective place and the process for such selection in their
admission arrangements.
Grammar schools
1.18 Only designated grammar schools 25 are permitted to select their entire
intake on the basis of high academic ability 26. They do not have to fill all of their
places if applicants have not reached the required standard.
1.19 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.
1.20 Where admission arrangements are not based solely 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 ability test.
24
R v Greenwich London Borough Council, ex parte John Ball Primary School (1989) 88 LGR
589 [1990] Fam Law 469 held that pupils should not be discriminated against in relation to
admission to the school simply because they reside outside the local authority area in which the
school is situated. Section 86(8) of the SSFA 1998 places an equal duty on local authorities to
comply with parental preference in respect of parents living within and outside their boundary.
25
As designated by the Education (Grammar School Designation) Order 1998 (SI
1998/2219). Where a designated grammar school converts to become an Academy, the
Academy is permitted to continue selecting their entire intake: Section 6(3) of the Academies Act
2010.
26
Section 104 of the SSFA 1998.
13
Pre-existing, partially selective schools
1.21 Partially selective schools select a proportion of their intake by ability.
Where schools can partially select, they must publish the entry requirements for
a selective place, and the process for such selection. They must offer places to
other children if there are insufficient applicants who have satisfied the published
entry requirements for a selective place.
1.22 Partially selective schools must not exceed the lowest proportion of
selection that has been used since the 1997/98 school year 27.
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 any 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.
Selection by aptitude
1.24 Schools that have arrangements to select by aptitude must not allow for
more than 10 per cent of the total admissions intake to be allocated on the basis
of such aptitude (even if the school has more than one specialism). The only
specialist subjects on which a school may select by aptitude are:
a) physical education or sport, or one or more sports;

b) the performing arts, or any one or more of those arts;
c) the visual arts, or any one or more of those arts;
d) modern foreign languages, or any such language; and
e) design and technology and information technology. Only schools
which selected on either of these specialist subjects in the school
year 2007/08 and every subsequent year may continue to do so.
Banding
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. Banding can be used to
produce an intake that is representative of:
a) the full range of ability of applicants for the school(s);

b) the range of ability of children in the local area; or
c) the national ability range.
27
28
14
1.26 Admission authorities’ entry requirements for banding must be fair, clear,
and objective. Banding arrangements which favour high ability children that have
been continuously used since the 1997/98 school year may continue but must
not be introduced by any other school.
1.27 The admission authority must publish the admission requirements and
the process for such banding and decisions, including details of any tests that
will be used to band children according to ability.
1.28 Where the school is oversubscribed:

a) 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
b) priority must not be given within bands according to the
applicant’s performance in the test.
1.29 Schools that operate admission arrangements which include both

banding and selection of up to 10% of pupils with reference to aptitude, must
set out clearly in their admission arrangements how those two methods of
selection will be applied.
1.30 Children with Education, Health and Care Plans may be included in
banding tests and allocated places in the appropriate bands but, regardless of
any banding arrangements, they must be allocated a place if their Education,
Health and Care Plan names the school.
Tests for selection

1.31 Tests for all forms of selection must be clear, objective, and give an
accurate reflection of the child’s ability or aptitude, irrespective of sex, race, or
disability. It is for the admission authority to decide the content of the test,
providing that the test is a true test of aptitude or ability.
1.32 Admission authorities must:

a) ensure that tests for aptitude in a particular subject are designed to
test only for aptitude in the subject concerned, and not for ability;
b) ensure that tests are accessible to children with special
educational needs and disabilities, having regard to the
reasonable adjustments for disabled pupils required under
equalities legislation; and
c) take all reasonable steps to inform parents of the outcome of
selection tests 29 before the closing date for secondary applications
on 31 October so as to allow parents time to make an informed
choice of school - while making clear that this does not equate to a
guarantee of a selective place.
1.33 Admission authorities must not adjust the score achieved by any child in a test
to take account of oversubscription criteria, such as having a sibling at the school.
29
This does not apply to testing as part of banding arrangements, as described in paragraphs
1.25 – 1.30 of this Code.
15
Random allocation
1.34 Local authorities must not use random allocation as the principal
oversubscription criterion for allocating places at all the schools in the area for
which they are the admission authority. Admission authorities that decide to use
random allocation when schools are oversubscribed must set out clearly how
this will operate, ensuring that arrangements are transparent, and that looked
after children and previously looked after children are prioritised.
1.35 The random allocation process must be supervised by someone

independent of the school, and a fresh round of random allocation must be
used each time a child is to be offered a place from a waiting list.
Faith based oversubscription criteria in schools designated

with a religious character
1.36 As with other publicly funded mainstream schools, these schools are
required to offer every child who applies, whether of the faith, another faith or no
faith, a place at the school if there are places available. Schools designated by
the Secretary of State as having a religious character (commonly known as faith
schools) may use faith-based oversubscription criteria 30 and allocate places by
reference to faith where the school is oversubscribed.
1.37 Admission authorities must ensure that parents can easily understand
how any faith-based criteria will be reasonably satisfied. Admission authorities
for 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 priority to
looked after children and previously looked after children not of the faith above
other children not of the faith 31.
1.38 Admission authorities for schools designated as having a religious

character must have regard to any guidance from the body or person
representing the religion or religious denomination when constructing faith-
based admission arrangements, to the extent that the guidance complies with
the mandatory provisions and guidelines of this Code. They must also consult
with the body or person representing the religion or religious denomination when
deciding how membership or practice of the faith is to be demonstrated. Church
of England schools must, as required by the Diocesan Boards of Education
Measure 1991 32, consult with their diocese about proposed admission
arrangements before any public consultation.
30
Funding Agreements for entirely new Academies (i.e. not converters from the maintained
sector, or those sponsored Academies with a predecessor school) and Free Schools with a
religious character provide that where the school is oversubscribed at least 50% of places are to
be allocated without reference to faith.
31
Regulation 9 of the School Admissions Regulations 2012.
32
Diocesan Boards of Education Measure 1991 (No.2).
16
Children of staff at the school
1.39 Admission authorities may give priority in their oversubscription criteria to
children of staff in either or both of the following circumstances:
a) where the member of staff has been employed at the school for
two or more years at the time at which the application for
admission to the school is made; and/or
b) the member of staff is recruited to fill a vacant post at the school
for which there is a demonstrable skill shortage.
1.40 Admissions authorities must specify in their admission arrangements
how this priority will be applied, for example, which groups of staff it will apply to.
Children eligible for pupil premium, early years premium or

service premium
children eligible for the early years pupil premium 33, the pupil premium 34 and also
children eligible for the service premium 35. Admission authorities should clearly define
in their arrangements the categories of eligible premium recipients to be prioritised.

children eligible for the early years pupil premium, the pupil premium, or the
service premium who:
a) are in a nursery class which is part of the school; or
b) attend a nursery that is established and run by the school. The
nursery must be named in the admission arrangements and its
selection must be transparent and made on reasonable grounds.
Maintained boarding schools

1.43 Maintained boarding schools can set separate admission numbers for
day places and boarding places 36. A maintained boarding school can interview
applicants to assess suitability for boarding, but such interviews must only
consider whether a child presents a serious health and safety hazard to other
boarders or whether they would be able to cope with and benefit from a
boarding environment. To help with this assessment, they may also use a
supplementary information form, and information provided by the previous
school and by the child’s home local authority (on safeguarding issues). These
processes, and the timeline for them, must be clearly set out in the school’s
admission arrangements.
33
The early years pupil premium is additional funding paid to support disadvantaged children
receiving government-funded early education, as per Section 7 of the Childcare Act 2006.
34
The pupil premium is additional funding paid annually to schools under Section 14 of the
Education Act 2002 for the purposes of supporting the attainment of disadvantaged children.
35
The service premium is additional funding paid annually to schools under Section 14 of the
Education Act 2002 for the purposes of supporting the pastoral needs of the children of Armed
Services personnel.
36
Boarding places are places for pupils who are provided with overnight board and lodging by
the school. Day places are places for pupils who attend school on a daily basis, including pupils
who participate in optional school activities outside school hours (for example breakfast club,
after-school clubs, music lessons, tea, and supervised homework sessions).
17
1.44 Boarding schools must give priority in their oversubscription criteria in the
following order:
a) looked after children and previously looked after children;

b) children of members of the UK Armed Forces who qualify for
Ministry of Defence financial assistance with the cost of boarding
school fees;
c) children with a ‘boarding need’, making it clear what they mean by
this.
Consultation37
1.45 When changes 38 are proposed to admission arrangements, all admission
authorities must consult on their admission arrangements (including any
supplementary information form) that will apply for admission applications the
following school year. Where the admission arrangements have not changed
from the previous year there is no requirement to consult, subject to the
requirement that admission authorities must consult on their admission
arrangements at least once every 7 years, even if there have been no changes
during that period 39.
1.46 Consultation must last for a minimum of 6 weeks and must take place
between 1 October and 31 January in the determination year.
1.47 Admission authorities must consult with:
a) parents of children between the ages of two and eighteen;

b) other persons in the relevant area 40 who in the opinion of the
admission authority have an interest in the proposed admissions;
c) all other admission authorities within the relevant area (except that
primary schools need not consult secondary schools);
d) whichever of the governing body and the local authority is not the
admission authority;
e) any adjoining neighbouring local authorities where the admission
authority is the local authority; and
f) in the case of schools designated with a religious character, the
body or person representing the religion or religious denomination.
37
See also paragraph 1.3. Regulations 12 to 17 of the School Admissions Regulations 2012
cover consultation requirements.
38
An increase to PAN, or a change to the admission arrangements to comply with the
mandatory provisions of the Code or the School Admissions Regulations 2012, is not a change
requiring consultation.
39
A consultation on a proposal to increase or keep the same PAN by a local authority as
admission authority with the governing body of a voluntary controlled or community school is not
a consultation for the purposes of calculating a seven year period without consultation.
40
As set out in the Glossary.
18
1.48 For the duration of the consultation period, the admission authority must
publish a copy of their full proposed admission arrangements (including the
proposed PAN) on the school’s website or its own website (in the case of a local
authority) together with details of where comments may be sent and the areas
on which comments are not sought 41. Admission authorities must also send,
upon request, a copy of the proposed admission arrangements to any of the
persons or bodies listed above inviting comment. Failure to consult effectively
may be grounds for subsequent complaints and appeals.
Determination
1.49 All admission authorities must determine 42 their admission
arrangements, including their PAN, every year, even if they have not changed
from previous years and a consultation has not been required by 28 February
in the determination year 43.
1.50 Once admission authorities have determined their admission

arrangements, they must notify the appropriate bodies 44 and must publish a
copy of the determined arrangements on the school’s website or their own
website (in the case of a local authority) by 15 March in the determination year 45
and continue displaying them for the whole offer year (the school year in which
offers for places are made). Admission authorities must also send a copy of
their full, determined arrangements to the local authority as soon as possible
before 15 March in the determination year. Admission authorities for schools
designated with a religious character must also send a copy of their
arrangements to the body or person representing their religion or religious
denomination.
1.51 Where an admission authority has determined a PAN that is higher than
in previous years, they must notify the local authority that they have done so
and make specific reference to the change on their website.
1.52 Local authorities must publish on their website the proposed admission
arrangements for any new school or Academy which is intended to open in their
area within the determination year, details of where the determined
arrangements for all schools, including Academies, can be viewed, and
information on how to refer objections to the Schools Adjudicator. Local
authorities must publish these details by 15 March in the determination year 46.
1.53 Following determination of arrangements, any objections to those

arrangements must be made to the Schools Adjudicator. Objections to
admission arrangements must be referred to the Schools Adjudicator by 15
41
42
Determination occurs at the point at which the admission arrangements are formally agreed by
the admission authority. This decision should be recorded in the minutes of the meeting at which
it is made.
43
44
In addition to the bodies listed at paragraph 1.47 (c), (d) and (f) and so far as not covered by
them, all governing bodies for community and voluntary controlled schools in the relevant area.
45
The governing body of a community or voluntary controlled school must also publish this
information on the school’s website – see regulation 10 of the School Information Regulations
2008.
46
19
May in the determination year 47. Admission authorities that are not the local
authority must provide all the information that the local authority needs to
compile the composite prospectus no later than 8 August, unless agreed
otherwise 48.
Composite prospectuses
1.54 Local authorities must publish online - with hard copies available for
those who do not have access to the internet - a composite prospectus for
parents by 12 September 49 in the offer year, which contains the admission
arrangements and any supplementary information forms for each of the state-
funded schools in the local authority area to which parents can apply (i.e. all
schools including Academies). They must ensure that this information is kept up
to date throughout the period in which it is possible for parents to apply for a
place for their child, including updating it with information about any new
schools which open in their area during the offer year. They must ensure the
prospectus is written in a way that makes it clear and accessible to all parents.
47
Regulation 23 of the School Admissions Regulations 2012. See also paragraphs 3.2 - 3.5 of
this Code regarding objections to the Schools Adjudicator.
48
Regulation 7 of the School Information (England) Regulations 2008 SI 2008/3093.
49
Regulations 5, 6 and Schedule 2 of the School Information (England) Regulations 2008.
20
Section 2: Applications and Offers
Applying for places in the normal admissions round

2.1 Local authorities must provide a common application form (CAF) that
enables parents to express their preference for a place at any state funded
school, with a minimum of 3 preferences in rank order, allowing them to give
reasons for their preferences. While parents may express a preference for any
state funded school – regardless of whether it is in the local authority area in
which they live - admission authorities must not give any guarantees that a
preference will be met.
2.2 The CAF must allow parents to provide their name, their address
(including documentary evidence in support), and the name, address, and date
of birth of the child. The child must not be required to complete any part of the
CAF. Local authorities must provide advice and assistance to parents when
they are deciding which schools to apply for 50.
2.3 Regardless of which schools parents express preferences for, the CAF is
required to be returned to the local authority in the area that they live (the
‘home’ authority). The home authority must then pass information on
applications to other local (‘maintaining’) authorities about applications to
schools in their area. The maintaining authority must determine the application
and inform the home local authority if a place is available. The offer to parents
must be made by the home local authority.
2.4 In some cases, admission authorities will need to ask for supplementary
information forms in order to process applications. If they do so, they must only
use supplementary forms that request additional information when it has a direct
bearing on decisions about oversubscription criteria or for the purpose of
selection by aptitude or ability. Places must be allocated on the basis of the
oversubscription criteria only. An applicant must not be given additional priority
solely on the basis of having completed a supplementary form. Admission
authorities must not ask, or use supplementary forms that ask, for any of the
information prohibited by paragraph 1.9 above or for:
a) any personal details about parents and families, such as maiden

names, criminal convictions, marital, or financial status (including
marriage certificates);
b) the first language of parents or the child;
c) details about parents’ or a child’s disabilities, special educational
needs, or medical conditions;
d) parents to agree to support the ethos of the school in a practical
way;
e) both parents to sign the form, or for the child to complete the form.
50
In accordance with Section 86(1A) of the SSFA 1998.
21
2.5 Admission authorities may need to ask for proof of address where it is
unclear whether a child meets the published oversubscription criteria. In these
cases, they must not ask for any evidence that would include any of the
information detailed above. Once a place has been offered, admission
authorities may ask for proof of birth date, but must not ask for a ‘long’ birth
certificate or other documents which would include information about the child’s
parents. In the case of previously looked after children, admission authorities
may request a copy of the adoption order, child arrangements order or special
guardianship order and a letter from the local authority that last looked after the
child, confirming that they were looked after immediately prior to that order being
made, or such evidence that demonstrates a child was in state care outside of
England prior to being adopted.
Applying for places at Sixth Form

2.6 Children and their parents applying for sixth form places may use the
CAF, although if they are already on the roll, they are not required to do so in
order to transfer into year 12. Admission authorities can, however, set academic
entry criteria for their sixth forms, which must be the same for both external and
internal places. School sixth form admission arrangements for external
applicants must be consulted upon, determined, and published in accordance
with the same timetable as for admission arrangements for other entry points.
As with other points of entry to schools, highest priority in oversubscription
criteria for sixth form places must be given to looked after children and
previously looked after children who meet the academic entry criteria. As stated
in paragraph 1.9 m) above, any meetings held to discuss options and courses
must not form part of the decision process on whether to offer a place.
Allocating places
2.7 Admission authorities must allocate places on the basis of their
determined admission arrangements only. A decision to offer or refuse
admission must not be made by one individual in an admission authority.
Where the school is its own admission authority the whole governing body, or an
admissions committee established by the governing body, must make such
decisions 51. The admission authority must keep a clear record of any decisions
on applications, including in-year applications.
2.8 With the exception of designated grammar schools, all maintained

schools, and academies, including schools designated with a religious
character, that have enough places available must offer a place to every child
who has applied for one, without condition or the use of any oversubscription
criteria.
51
Where it is not possible to convene a face to face meeting of a governing body or the
admissions committee (where applicable) in order to make a decision on an application,
decisions may be made ‘virtually’, provided members are ‘present’ – for example via telephone
or video conference. Admission authorities must ensure their processes comply with relevant
governance requirements.
22
2.9 Admission authorities must not refuse to admit a child solely because:
a) they have applied later than other applicants;

b) they are not of the faith of the school, in the case of a school
designated with a religious character;
c) they followed a different curriculum at their previous school;
d) information has not been received from their previous school; or
e) they have missed entrance tests for selective places.
2.10 In the normal admissions round, offers of primary and secondary places
must be sent by the home local authority and schools must not contact parents
about the outcome of their applications until after these offers have been
received. Admission authorities must not provide any guarantees to applicants
of the outcome of their application prior to the formal notification of any offers of
a place in a suitable school by the home local authority.
2.11 Where a place is available for a child at more than one school, the home
local authority must ensure, so far as is reasonably practicable, that the child is
offered a place at whichever of these schools is their highest preference. If the
local authority is unable to offer a place at one of the parents’ preferred schools
it must, if there are places available, offer a place at another school.
Offering a place
2.12 Where schools are oversubscribed, admission authorities must rank
applications in accordance with their determined arrangements. The qualifying
scheme must ensure that:
a) only one offer per child is made by the local authority;

b) for secondary school applications, all offers must be made on the
same secondary National Offer Day i.e.1 March or the next
working day, and
c) for primary school applications, all offers must be made on the
same primary National Offer Day i.e. 16 April or the next working
day.
Withdrawing an offer or a place

2.13 An admission authority must not withdraw an offer unless it has been
offered in error, a parent has not responded within a reasonable period of time,
or it is established that the offer was obtained through a fraudulent or
intentionally misleading application. Where the parent has not responded to the
offer, the admission authority must give the parent a further opportunity to
respond and explain that the offer may be withdrawn if they do not. Where an
offer is withdrawn on the basis of misleading information, the application must
be considered afresh, and a right of appeal offered if an offer is refused.
23
2.14 A school must not withdraw a place once a child has started at the
school, except where that place was fraudulently obtained. In deciding whether
to withdraw the place, the length of time that the child has been at the school
must be taken into account. For example, it might be considered appropriate to
withdraw the place if the child has been at the school for less than one term.
Waiting lists
2.15 Each admission authority must maintain a clear, fair, and objective
waiting list until at least 31 December of each school year of admission, stating
in their arrangements that each added child will require the list to be ranked
again in line with the published oversubscription criteria. Priority must not be
given to children based on the date their application was received, or their name
was added to the list. Looked after children or previously looked after children
allocated a place at the school in accordance with a Fair Access Protocol must
take precedence over those on a waiting list 52.
Infant class size

2.16 Infant classes (those where the majority of children will reach the age of
5, 6 or 7 during the school year) must not contain more than 30 pupils with a
single school teacher 53. Additional children may be admitted under limited
exceptional circumstances. These children will remain an ‘excepted pupil’ for the
time they are in an infant class or until the class numbers fall back to the current
infant class size limit. The excepted children are:
a) children admitted outside the normal admissions round with
Education, Health and Care Plans specifying the school;
b) looked after children and previously looked after children admitted
outside the normal admissions round;
c) children admitted after initial allocation of places, because of a
procedural error made by the admission authority or local authority
in the original application process;
d) children admitted after an independent appeals panel upholds an
appeal;
e) children who move into the area outside the normal admissions
round for whom there is no other available school within
reasonable distance;
f) children of UK service personnel admitted outside the normal
admissions round;
g) children whose twin or sibling from a multiple birth is admitted
otherwise than as an excepted pupil;
h) children with special educational needs who are normally taught in
52
Admission authorities for schools designated with a religious character must treat looked after
children and previously looked after children on their waiting list in line with the principles set out
in paragraph 1.37.
53
‘Teacher’ is defined in Section 4 of the SSFA 1998.
24
a special educational needs unit 54 attached to the school, or
registered at a special school, who attend some infant classes
within the mainstream school 55.
Admission of children below compulsory school age 56

and deferred entry to school
2.17 Admission authorities must provide for the admission of all children in
the September following their fourth birthday. The authority must make it clear
in their arrangements that where they have offered a child a place at a school:
a) that child is entitled to a full-time place in the September following
their fourth birthday;
b) the child’s parents can defer the date their child is admitted to the
school until later in the school year but not beyond the point at
which they reach compulsory school age and not beyond the
beginning of the final term of the school year for which it was
made; and
c) where the parents wish, children may attend part-time until later in
the school year but not beyond the point at which they reach
compulsory school age.
Admission of children outside their normal age group

2.18 Parents may seek a place for their child outside of their normal age group,
for example, if the child is gifted and talented or has experienced problems such
as ill health. In addition, the parents of a summer born child 57 may choose not to
send that child to school until the September following their fifth birthday and
may request that they are admitted out of their normal age group – to reception
rather than year 1. Admission authorities must make clear in their admission
arrangements the process for requesting admission out of the normal age group.
2.19 Admission authorities must make decisions on the basis of the

circumstances of each case and in the best interests of the child concerned.
This will include taking account of the parent’s views; information about the
child’s academic, social, and emotional development; where relevant, their
medical history and the views of a medical professional; whether they have
previously been educated out of their normal age group; and whether they may
naturally have fallen into a lower age group if it were not for being born
54
A special educational needs unit forms part of a school and is specially organised to provide
education for pupils with special educational needs.
55
The School Admissions (Infant Class Sizes) (England) Regulations 2012.
56
Compulsory school age is set out in Section 8 of the Education Act 1996 and the Education
(Start of Compulsory School Age) Order 1998. A child reaches compulsory school age on the
prescribed day following his or her fifth birthday (or on his or her fifth birthday if it falls on a
prescribed day). The prescribed days are 31 December, 31 March, and 31 August.
57
The term summer born children relates to all children born from 1 April to 31 August. These
children reach compulsory school age on 31 August following their fifth birthday (or on their fifth
birthday if it falls on 31 August). It is likely that most requests for summer born children to be
admitted out of their normal age group will come from parents of children born in the later
summer months or those born prematurely.
25
prematurely. They must also take into account the views of the head teacher of
the school concerned. When informing a parent of their decision on the year
group the child should be admitted to, the admission authority must set out
clearly the reasons for their decision.
2.20 Where an admission authority agrees to a parent’s request for their child
to be admitted out of their normal age group and, as a consequence of that
decision, the child will be admitted to a relevant age group (i.e. the age group to
which pupils are normally admitted to the school) the local authority and
admission authority must process the application as part of the main admissions
round, unless the parental request is made too late for this to be possible, and
on the basis of their determined admission arrangements only, including the
application of oversubscription criteria where applicable. They must not give the
application lower priority on the basis that the child is being admitted out of their
normal age group. Parents have a statutory right to appeal against the refusal of
a place at a school for which they have applied. This right does not apply if they
are offered a place at the school, but it is not in their preferred age group.
Children of UK service personnel and crown servants

2.21 For families of service personnel with a confirmed posting, or crown
servants returning from overseas, admission authorities must:
a) allocate a place in advance of the family arriving in the area (as
long as one is available), provided the application is accompanied
by an official letter that declares a relocation date. Admission
authorities must not refuse to process an application and must
not refuse a place solely because the family do not yet have an
intended address, or do not yet live in the area.
b) use the address at which the child will live when applying their
oversubscription criteria, as long as the parents provide some
evidence of their intended address. Admission authorities must
use a Unit or quartering address as the child’s home address when
considering the application against their oversubscription criteria,
where a parent requests this.
c) not reserve blocks of places for these children.
d) ensure that arrangements in their area support the Government’s
commitment to removing disadvantage for service children.
Arrangements must be appropriate for the area and be described
in the local authority’s composite prospectus.
Co-ordination
2.22 Each year all local authorities must formulate and publish on their
website by 1 January in the relevant determination year, a scheme to co-
ordinate admission arrangements for the normal admissions round and late
26
applications 58 for all publicly funded schools within their area 59. Where the
scheme is substantially different from the scheme adopted for the previous
academic year, the local authority must consult the other admission authorities
in the area and any other local authorities it determines. Where the scheme has
not changed from the previous year there is no requirement to consult, subject
to the requirement that the local authority must consult on the scheme at least
once every seven years, even if there have been no changes during that period.
Following any such consultation, which must be undertaken with a view to
ensuring the admission of pupils in different local authorities is, as far as
reasonably practicable, compatible with each other, the local authority must
determine the qualifying scheme and must take all reasonable steps to secure
its adoption. A local authority must inform the Secretary of State whether they
have secured the adoption of a qualifying scheme by 28 February in the
determination year. The Secretary of State may impose a scheme where a
scheme has not been adopted. All admission authorities must participate in co-
ordination for the normal admissions round and late applications and provide
the local authority with the information it needs to co-ordinate admissions by the
dates agreed within the scheme. Local authorities must make application forms
available to parents who wish to apply to a school in a neighbouring area which
operates a different age of transfer (e.g. middle schools), and process these as
it would in its normal admissions round.
In-year admissions
2.23 A parent can apply for a place for their child at any school, at any time.
Local authorities are not required to co-ordinate in-year applications 60 for
schools for which they are not the admission authority. They may, however, co-
ordinate in-year applications for any or all own admission authority schools in
their area, with the agreement of the relevant admission authorities. In 2021,
local authorities must publish information on their website by 31 October 2021
to explain how in-year applications can be made and how they will be dealt with
from 1 November 2021 until 31 August 2022. In all subsequent years, local
authorities must publish information on their website by 31 August at the latest
each year to explain how in-year applications can be made and how they will be
dealt with from 1 September onwards in that year. This includes setting out
which schools they will co-ordinate the applications for and which schools will
manage their own in-year admissions. They must also set out contact details for
any admission authority that manages its own in-year admissions.
2.24 To enable local authorities to do this, in 2021 own admission authority

schools must inform the local authority by 1 October whether they intend to be
part of the local authority’s in-year co-ordination scheme for the period to 31
August 2022 (where this is offered). In all subsequent years, own admission
authorities must inform the local authority by 1 August at the latest each year
58
“Late applications” are applications for entry in a relevant age group which are submitted
before the first day of the first term in the admission year but have not been made in time to
enable the local authority to offer a place on National Offer Day.
59
Regulations 26 to 32 and Schedule 2 of the School Admissions Regulations 2012 cover the
requirements for such schemes.
60
An application is an in-year application if it is for the admission of a child to a relevant age
group, but it is submitted on or after the first day of the first term of the admission year, or if it is
for the admission of a child to an age group other than a relevant age group.
27
whether they intend to be part of the local authority’s in-year co-ordination
scheme for the following 1 September to 31 August (where this is offered) or
whether they will be managing their own in-year admissions. By the same date,
for schools that intend to be part of the local authority’s in-year co-ordination for
the following academic year, they must also provide the local authority with all
the information that the local authority is required to publish on its website,
including application forms.
2.25 Local authorities must provide a suitable application form (and a

supplementary information form where necessary) for parents to complete when
applying for a place for their child at a school for which they co-ordinate in-year
admissions. Where a local authority receives an in-year application for a school
which manages its own in-year admissions, it must promptly forward the
application to the relevant admission authority, which must process it in
accordance with its own in-year admission arrangements.
2.26 In 2021, own admission authorities and governing bodies must set out on
the school’s website by 31 October 2021 how in-year applications will be dealt
with from the 1 November 2021 until 31 August 2022. In all subsequent years,
they must set out by 31 August at the latest each year, on the school’s website
how in-year applications will be dealt with from the 1 September until the
following 31 August. They must set out how parents can apply for a school
place, and, where they manage their own in-year admissions, provide a suitable
application form for parents to complete (and a supplementary information form
where necessary), and set out when parents will be notified of the outcome of
their application and details about the right to appeal. If the admission authority
is to be a part of the local authority’s in-year co-ordination scheme, it must
provide information on where parents can find details of the relevant scheme. An
admission authority, governing body or local authority must provide a hard copy
of the information about in-year applications on request for those who do not
have access to the internet.
2.27 Local authorities must, on request, provide information to prospective

parents about the places still available in all schools within their area. To enable
them to do this, the admission authorities for all schools in the area must
provide the local authority with details of the number of places available at their
schools whenever this information is requested, to assist a parent seeking a
school place. Such details should be provided no later than two school days
following receipt of a request from the local authority.
2.28 With the exception of designated grammar schools, all maintained schools,
and academies, including schools designated with a religious character, that have
places available must offer a place to every child who has applied for one, without
condition or the use of any oversubscription criteria, unless admitting the child
would prejudice the efficient provision of education or use of resources. For
example, admission authorities must not refuse to admit a child solely because:
a) they have applied later than other applicants;
b) they are not of the faith of the school in the case of a school
designated with a religious character;
c) they have followed a different curriculum at their previous school; or
d) information has not been received from their previous school.
28
2.29 Where an admission authority is dealing with multiple in-year admissions
and do not have sufficient places for every child who has applied for one, they
must allocate places on the basis of the oversubscription criteria in their
determined admission arrangements 61 only. If a waiting list is maintained, it
must be maintained in line with paragraph 2.15.
2.30 Parents must not be refused the opportunity to make an application or

be told that they can only be placed on a waiting list rather than make a formal
application. Upon receipt of an in-year application, the admission authority, or
the local authority if it is co-ordinating the admissions authority’s in-year
admissions, should aim to notify the parents of the outcome of their application
in writing within 10 school days, but they must be notified in writing within 15
school days 62. Where an application is refused, the admission authority must
also set out the reason for refusal and information about the right to appeal in
accordance with paragraph 2.32. Where an admission authority manages its
own in-year admissions, it must also notify the local authority of every
application and its outcome as soon as reasonably practicable, but should aim
to be within two school days, to allow the local authority to keep up to date
figures on the availability of places in the area and to ensure they are aware of
any children who may not have a school place.
2.31 Where an applicant is offered a school place following an in-year

application, and the offer is accepted, arrangements should be made for the child
to start school as soon as possible, particularly where the child is out of school.
Right to appeal
2.32 When an admission authority informs a parent of a decision to refuse
their child a place at a school for which they have applied, it must include the
reason why admission was refused; information about the right to appeal; the
deadline for lodging an appeal and the contact details for making an appeal.
Parents must be informed that, if they wish to appeal, they must set out their
grounds for appeal in writing 63. Admission authorities must not limit the grounds
on which appeals can be made.
School closure
2.33 Where a maintained school or Academy is to be closed, the local
authority must collaborate with all schools in their area to consider the best way
to secure provision for children in other local schools.
61
The determined admission arrangements that relate to the admission of pupils in the relevant
school year.
62
This does not apply to grammar schools which must, instead, notify a parent in writing within
15 school days of their in-year application of either the date for the assessment of ability or the
reason for refusal with information about the right of appeal (where the admission authority
chooses not to assess the child’s ability because admitting an additional child would prejudice
the provision of efficient education or efficient use of resources).
63
Where a looked after child has been refused a school place, it is likely to be more appropriate
for the local authority looking after the child to use the powers of direction set out in paragraphs
3.27 to 3.29 of the Code, than to submit an appeal.
29
Section 3: Ensuring Fairness and Resolving
Issues
The Schools Adjudicator

3.1 The Schools Adjudicator must consider whether admission arrangements
referred to the Schools Adjudicator comply with the Code and the law relating to
admissions. The admission authority must, where necessary, revise their
admission arrangements to give effect to the Schools Adjudicator’s decision
within two months of the decision (or by 28 February following the decision,
whichever is sooner), unless an alternative timescale is specified by the Schools
Adjudicator. The Schools Adjudicator’s determination is binding and enforceable.
3.2 Local authorities must refer an objection to the Schools Adjudicator if

they are of the view or suspect that the admission arrangements that have been
determined by other admission authorities are unlawful. If requested by the
Schools Adjudicator, admission authorities must provide the information set out
in Schedule 1 to the School Admissions Regulations 64.
3.3 Any person or body who considers that any maintained school or
Academy’s arrangements are unlawful, or not in compliance with the Code or
relevant law relating to admissions, can make an objection to the Schools
Adjudicator 65. The following types of objections cannot be brought 66:
a) objections that seek to remove selective arrangements at a
maintained school (which are permitted under Section 105 to 109
of the SSFA 1988) or a selective Academy;
b) objections about own authority admission’s decision to increase or
keep the same PAN;
c) objections about a decision by the admission authority of a
voluntary controlled or community school to increase or keep the
same PAN, unless the objection is brought by the governing body
of the school;
d) objections in respect of an agreed variation from the Code in
relation to admission arrangements for an Academy;
e) objections to arrangements which raise the same or substantially
the same matters as the adjudicator has decided on for that school
in the last 2 years67; and
f) anonymous objections 68.
3.4 The Schools Adjudicator may also consider arrangements that come to
its attention by other means, which they consider may not comply with
mandatory requirements.
64
65
Section 88H of the SSFA 1998.
66
67
68
Regulation 24 of the School Admissions Regulations 2012. The person or body referring the
objection must provide their name and address to the adjudicator.
30
3.5 Objections to admission arrangements must be referred to the Schools
Adjudicator by 15 May in the determination year 69. Further information on how to
make an objection can be obtained from the Office of the Schools Adjudicator.
Variations
3.6 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 this Code,
admissions law, a determination of the Schools Adjudicator or any misprint in
the admission arrangements 70 . Admission authorities may propose other
variations where they consider such changes to be necessary in view of a major
change in circumstances. Such proposals must be referred to the Schools
Adjudicator (for maintained schools) or the Secretary of State (for academies 71)
for approval, and the appropriate bodies notified 72. Where the local authority is
the admission authority for a community or voluntary controlled school, it must
consult the governing body of the school before making any reference. A
variation to increase a school’s PAN is not required to be referred to the Schools
Adjudicator 73.
3.7 Admission authorities must notify the appropriate bodies 74 of all

variations and must display a copy of the full varied admission arrangements on
the school’s website or their website (in the case of a local authority) until they
are replaced by different admission arrangements. Local authorities must
display the varied admission arrangements on their website where an admission
authority has raised its PAN.
Children who have been permanently excluded twice or

display challenging behaviour
3.8 Where a child has been permanently excluded from two or more schools
there is no need for an admission authority to comply with parental preference
for a period of two years from the last exclusion 75. The twice excluded rule does
not apply to the following children:
a) children who were below compulsory school age at the time of the
permanent exclusion;
b) children who have been reinstated following a permanent
exclusion (or would have been reinstated had it been practicable to
do so);
c) children whose permanent exclusion has been considered by a
69
70
71
Section 88E of the SSFA 1998.
72
In addition to the bodies listed at paragraph 1.47 (c), (d) and (f) and so far as not covered by
them, all governing bodies for community and voluntary controlled schools in the relevant
area.
73
74
See footnote 44.
75
31
review panel, and the review panel has decided to quash a
decision not to reinstate them following the exclusion; and
d) children with Education, Health and Care Plans naming the school.
3.9 Admission authorities must not refuse to admit a child on behavioural

grounds in the normal admissions round or at any point in the normal year of
entry, except for where paragraph 3.8 applies.
3.10 Where an admission authority receives an in-year application for a year

group that is not the normal point of entry and it does not wish to admit the child
because it has good reason to believe that the child may display challenging
behaviour 76, it may refuse admission 77 and refer the child to the Fair Access
Protocol 78.
3.11 An admission authority should only rely on the provision in paragraph

3.10 if it has a particularly high proportion of either children with challenging
behaviour or previously permanently excluded pupils on roll compared to other
local schools and it considers that admitting another child with challenging
behaviour would prejudice the provision of efficient education or the efficient use
of resources.
3.12 The provision in paragraph 3.10 cannot be used to refuse admission to

looked after children, previously looked after children; and children who have
Education, Health and Care Plans naming the school in question.
3.13 Admission authorities must not refuse to admit a child thought to be

potentially disruptive, or likely to exhibit challenging behaviour, on the grounds
that the child is first to be assessed for special educational needs.
Fair Access Protocols

3.14 Each local authority must have a Fair Access Protocol to ensure that
unplaced and vulnerable children, and those who are having difficulty in
securing a school place in-year, are allocated a school place as quickly as
possible.
76
For the purposes of this Code, behaviour can be described as challenging where it would be
unlikely to be responsive to the usual range of interventions to help prevent and address pupil
misbehaviour or it is of such severity, frequency, or duration that it is beyond the normal range
that schools can tolerate. We would expect this behaviour to significantly interfere with the
pupil’s/other pupils’ education or jeopardise the right of staff and pupils to a safe and orderly
environment.
77
A child with challenging behaviour may also be disabled as defined in the Equality Act 2010.
When considering refusing admission on these grounds, admission authorities must consider
their duties under that Act. Admission authorities should also consider the effect of the decision
of the Upper Tribunal in C & C v The Governing Body of a School, The Secretary of State for
Education (First Interested Party) and The National Autistic Society (Second Interested Party)
(SEN) [2018] UKUT 269 (AAC) about the implications of the Equality Act 2010 when a pupil
exhibits a tendency to physical abuse of other persons as a consequence of a disability.
78
Paragraph 1.9(g) does not apply where an admission authority takes account of past
behaviour as evidence for concerns about challenging behaviour, solely for the purpose of
making a decision on whether it would be appropriate to refuse admission on the basis
described in paragraph 3.10.
32
3.15 The Protocol must be consulted upon and developed in partnership with
all schools in its area. Once the Protocol has been agreed by the majority of
schools in its area, all admission authorities must participate in it. Participation
includes making available a representative who is authorised to participate in
discussions, make decisions on placing children via the Protocol, and admitting
pupils when asked to do so in accordance with the Protocol, even when the
school is full 79. Local authorities must provide admission authorities with
reasonable notice and information as to how and when discussions around the
placement of children via the Protocol will take place.
3.16 No school - including those with places available – should be asked to

take a disproportionate number of children who have been permanently
excluded from other schools, who display challenging behaviour, or who are
placed via the Protocol. Fair Access Protocols must also set out how the needs
of children who have been permanently excluded, and children for whom
mainstream education is not yet possible, will be met.
3.17 Fair Access Protocols may only be used to place the following groups of
vulnerable and/or hard to place children, where they are having difficulty in
securing a school place in-year, and it can be demonstrated that reasonable
measures have been taken to secure a place through the usual in-year
admission procedures 80:
a) children either subject to a Child in Need Plan or a Child Protection

Plan 81 or having had a Child in Need Plan or a Child Protection
Plan within 12 months at the point of being referred to the Protocol;
b) children living in a refuge or in other Relevant Accommodation at
the point of being referred to the Protocol;
c) children from the criminal justice system;
d) children in alternative provision who need to be reintegrated into
mainstream education or who have been permanently excluded
but are deemed suitable for mainstream education;
e) children with special educational needs (but without an Education,
Health and Care plan), disabilities or medical conditions;
f) children who are carers;
g) children who are homeless;
h) children in formal kinship care arrangements 82;
79
Decisions about admitting children under the Protocol can be made by one individual in an
admission authority provided that suitable authority has been delegated to that individual.
Admission authorities must ensure this process complies with relevant governance
requirements.
80
For example, where an application has been made to at least one school and this has been
refused, or the local authority has confirmed that there are no places available at any school
within a reasonable distance.
81
Child in Need Plans and Child Protection Plans are plans of help and protection to address
safeguarding and welfare needs, where a child has been assessed by the local authority as
being a child in need under Section 17 of the Children Act 1989 and/or as suffering or likely to
suffer significant hardship under Section 47 of the Children Act 1989. See also statutory
guidance Working Together to Safeguard Children (2018) (pages 35 and 48-49).
82
As evidenced by either a child arrangements order not relating to either birth parent or a
special guardianship order.
33
i) children of, or who are, Gypsies, Roma, Travellers, refugees, and
asylum seekers;
j) children who have been refused a school place on the grounds of
their challenging behaviour and referred to the Protocol in
accordance with paragraph 3.10 of this Code;
k) children for whom a place has not been sought due to exceptional
circumstances 83;
l) children who have been out of education for four or more weeks
where it can be demonstrated that there are no places available at
any school within a reasonable distance of their home. This does
not include circumstances where a suitable place has been offered
to a child and this has not been accepted; and
m) previously looked after children for whom the local authority has
been unable to promptly secure a school place 84.
3.18 Eligibility for the Fair Access Protocol does not limit a parent’s right to
make an in-year application to any school for their child. Admission authorities
must process these applications in accordance with their usual in-year
admission procedures (as set out in paragraphs 2.23-2.31). They must not
refuse to admit such children on the basis that they may be eligible to be placed
via the Fair Access Protocol. The parent will continue to have the right of appeal
for any place they have been refused, even if the child has been offered a
school place via the Fair Access Protocol.
3.19 There is no duty for local authorities or admission authorities to comply

with parental preference when allocating places through the Fair Access Protocol,
but parents’ views should be taken into account.
3.20 Fair Access Protocols should seek to place a child in a school that is
appropriate to any particular needs they may have. The Fair Access Protocol must
not require a school automatically to admit a child via the Fair Access Protocol, in
place of a child permanently excluded from the school.
3.21 Where it has been agreed that a child will be considered under the Fair
Access Protocol, a school place must be allocated for that child within 20 school
days. Once they have been allocated a school place via the Fair Access Protocol,
arrangements should be made for the child to start at the school as soon as
possible.
3.22 In the event that the majority of schools in an area can no longer support
the principles and approach of their local Fair Access Protocol, they should initiate
a review with the local authority. There should be a clear process for how such a
review can be initiated within each Fair Access Protocol. The existing Fair Access
83
It is for the local authority to decide whether a child qualifies to be placed via the Protocol on
this basis, based on the circumstances of the case.
84
In most cases use of the Fair Access Protocol should be unnecessary for a previously looked
after child. We would expect the local authority to aim to secure a school place particularly
promptly for a previously looked after child and for admission authorities to cooperate with this.
The local authority may consider swift use of their general powers of direction (under paragraphs
3.26-3.28) or asking the Secretary of State to consider a direction (under paragraph 3.29) to be
the most suitable course of action if a school place for a previously looked after child cannot be
agreed with an admission authority promptly.
34
Protocol will remain binding on all schools in the local area until the point at which
a new one is adopted.
Local authority powers of direction (general)

3.23 A local authority has the power 85 to direct the governing body of a
maintained school for which they are not the admission authority to admit a child
in their area even when the school is full. The local authority can only make such
a direction in respect of a child in the local authority’s area who has been
refused entry to, or has been permanently excluded from, every suitable school
within a reasonable distance. The local authority must choose a school that is a
reasonable distance from the child’s home and from which the child is not
permanently excluded. It must not choose a sixth-form that selects by ability
unless the child meets the selection requirements, or a school that would have
to take measures to avoid breaking the rules on infant class sizes if those
measures would prejudice the provision of efficient education or the efficient use
of resources.
3.24 Before deciding to give a direction, the local authority must consult the
governing body of the school, the parent of the child and the child if they are
over compulsory school age. If, following consultation, the local authority
decides to direct, it must inform the governing body and head teacher of the
school. The governing body can appeal by referring the case to the Schools
Adjudicator within 15 days. If it does this, the governing body must tell the local
authority. The local authority must not make a direction until the 15 days have
passed and the case has not been referred.
3.25 If the case is referred to the Schools Adjudicator, the Schools Adjudicator
may either uphold the direction, determine that another maintained school must
admit the child or decide not to issue a direction. The Adjudicator’s decision is
binding. The Schools Adjudicator must not direct a school to admit a child if this
would require the school to take measures to avoid breaking the rules on infant
class sizes and those measures would prejudice the provision of efficient
education or the efficient use of resources.
Local authority powers of direction (looked after children)

3.26 A local authority also has the power 86 to direct the admission authority for
any maintained school in England (other than a school for which they are the
admission authority) to admit a child who is looked after by the local authority,
even when the school is full. The local authority must not choose a school from
which the child is permanently excluded but may choose a school whose infant
classes are already at the maximum size 87.
3.27 Before deciding to give a direction, the local authority must consult the
admission authority of the school it proposes to direct. The admission authority
must tell the local authority within 7 days whether it is willing to admit the child.
85
Sections 96 and 97 of the SSFA 1998.
86
Sections 97A-C of the SSFA 1998.
87
Looked after children are excepted pupils outside of the normal admissions round under the
School Admissions (Infant Class Sizes) (England) Regulations 2012.
35
If, following consultation, the local authority decides to direct, it must inform the
admission authority, the governing body (if the school is a voluntary controlled
or community school), the local authority that maintains the school, and the
head teacher. The admission authority can appeal by referring the case to the
Schools Adjudicator within 7 days. If the child has been permanently excluded
from two other schools and the most recent exclusion was within the previous
two years, the governing body (if the school is a voluntary controlled or
community school) may also refer the case to the Schools Adjudicator. The
admission authority or governing body must not refer the case unless it
considers that admitting the child would seriously prejudice the provision of
efficient education or the efficient use of resources. If the admission authority or
governing body does refer the case, it must notify the local authority that looks
after the child. The local authority must not make a direction until the 7 days
have passed and the case has not been referred.
3.28 If the case is referred to the Schools Adjudicator, the Schools Adjudicator
may either uphold the direction or determine that another maintained school in
England must admit the child. The Schools Adjudicator’s decision is binding. The
Schools Adjudicator must not direct an alternative school to admit a child unless
the local authority that looks after the child agrees, nor if the child is permanently
excluded from that school, nor if the admission of the child would seriously
prejudice the provision of efficient education or the efficient use of resources.
Secretary of State’s power of direction (Academies)

3.29 Where a local authority considers that an Academy will best meet the
needs of any child, it can ask the Academy to admit that child but has no power
to direct it to do so. The local authority and the Academy will usually come to an
agreement, but if the Academy refuses to admit the child, the local authority can
ask the Secretary of State to intervene. The Secretary of State has the power
under an Academy’s Funding Agreement to direct the Academy to admit a child
and can seek advice from the Schools Adjudicator in reaching a decision 88.
Local authority reports

3.30 Local authorities must produce an annual report on admissions for all the
schools in their area for which they co-ordinate admissions. From 2022, it must
be published locally and sent to the Schools Adjudicator by 31 October each
year covering the prior academic year. The report must cover as a minimum:
a) information about how admission arrangements in the area of the
local authority serve the interests of looked after children and
previously looked after children, children with disabilities and
children with special educational needs, including any details of
where problems have arisen;
b) an assessment of the effectiveness of Fair Access Protocols including
how many children were admitted to each school under it; and
c) any other issues the local authority may wish to include.
88
Section 25(3A) of the SSFA 1998.
36
Appendix 1 – Relevant Legislation
1. This appendix sets out the primary legislation and regulations most
relevant to admissions decisions. Admission authorities, Schools
Adjudicators, appeal panels, local authorities and maintained schools
must comply with the relevant law as well as acting in accordance with
the provisions of this Code. This Code and the School Admission Appeals
Code (the Codes) are applied to Academies through their Funding
Agreements. The information here aims to signpost the relevant law; it
does not aim to provide definitive guidance on interpreting the law: that is
for the courts.
Equality Act 2010
2. This Act consolidates the law prohibiting discrimination, harassment and

victimisation and expands the list of protected characteristics. All schools
must have due regard to their obligations under the Act and review their
policies and practices to make sure these meet the requirements of the
Act, even if they believe that they are already operating in a non-
discriminatory way.
3. An admission authority must not discriminate on the grounds of disability;

gender reassignment; pregnancy and maternity; race; religion or belief;
sex; or sexual orientation, against a person in the arrangements and
decisions it makes as to who is offered admission as a pupil.
4. An admission authority must not harass a person who has applied for
admission as a pupil, in relation to their disability; race; or sex.
5. An admission authority must not victimise a person in relation to a protected

act either done, or believed to have been done, by that person (e.g. bringing
proceedings under the Equality Act 2010) in the arrangements and decisions
it makes as to who is offered admission as a pupil.
6. This Act contains limited exceptions to the prohibition of discrimination on

grounds of religion or belief and sex. Schools designated by the
Secretary of State as having a religious character are exempt from some
aspects of the prohibition of discrimination on the grounds of religion or
belief and this means they can make a decision about whether or not to
admit a child as a pupil on the basis of religion or belief. Single-sex
schools are lawfully permitted to discriminate on the grounds of sex in
their admission arrangements.
7. Admission authorities are also subject to the Public Sector Equality Duty
and therefore must have due regard to the need to eliminate
discrimination, harassment and victimisation, advance equality of
opportunity, and foster good relations in relation to persons who share a
relevant protected characteristic and persons who do not share it.
8. The protected characteristics for these purposes are: disability; gender

reassignment; pregnancy and maternity; race; religion or belief; sex; and
sexual orientation.
37
9. Further guidance on the Public Sector Equality Duty is available in the
Department for Education’s Advice to Schools on the Equality Act 2010,
on the website of the Government Equalities Office and from the Equality
and Human Rights Commission.
Human Rights Act 1998

10. The Human Rights Act 1998 confers a right of access to education. This right
does not extend to securing a place at a particular school. Admission
authorities, however, do need to consider parents’ reasons for expressing a
preference when they make admission decisions, though this may not
necessarily result in the allocation of a place. These might include, for example,
the parents’ rights to ensure that their child’s education conforms to their own
religious or philosophical convictions (as far as is compatible with the provision
of efficient instruction and the avoidance of unreasonable public expenditure).
11. Please note the case of R (Hounslow London Borough Council) v School
Admission Appeal Panel for Hounslow (2002) regarding exceptional
circumstances 89.
School Standards and Framework Act 1998
12. Chapter 1 of Part 3 of the School Standards and Framework Act 1998
contains the key provisions regarding school admissions, including the
statutory basis for this Code.
13. Section 86 of the SSFA 1998 provides that the admission authority for a
maintained school (with the exception of those that select wholly by
ability) must comply with any preference expressed by a parent except
where to do so would prejudice the provision of efficient education or the
efficient use of resources.
14. Section 94 of the SSFA 1998 provides that parents (and in some
circumstances children) may appeal against a decision to refuse
admission to the school. Two or more admission authorities in the same
local authority area may make joint arrangements.
15. The Codes largely include the provisions relating to school admissions
made in regulations. The most relevant regulations are:
a) The School Admissions (Admission Arrangements and Co-

ordination of Admission Arrangements) (England) Regulations
2012;
b) The School Admissions (Infant Class Sizes) (England) Regulations
2012;
c) The School Admissions (Appeals) (England) Regulations 2012; and
d) The School Information (England) Regulations 2008.
89
See https://www.bailii.org/ew/cases/EWCA/Civ/2002/900.html
38
Appendix 2– Sample Admission Arrangements
These example arrangements are provided for illustrative purposes only – they
are not “suggested” arrangements and should not be seen as such.
Arrangements for individual schools must be set in the context of local
circumstances.
The school has an agreed admission number of 240 pupils for entry in year 7.
The school will accordingly admit up to 240 pupils in the relevant age group
each year if sufficient applications are received. All applicants will be admitted if
240 or fewer apply.
If the school is oversubscribed, after the admission of pupils with an Education,

Health and Care Plan where the school is named in the Plan, priority for admission
will be given to those children who meet the criteria set out below, in order:
(1) A 'looked after child' or a child who was previously looked after but
immediately after being looked after became subject to an adoption,
child arrangements, or special guardianship order 90 including those
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. A looked after child is a child who is (a) in the care of
a local authority, or (b) being provided with accommodation by a
local authority in the exercise of their social services functions (see
the definition in Section 22(1) of the Children Act 1989).
(2) Children with a sibling attending the school at the time of

application. Sibling is defined in these arrangements as children
who live as brother or sister in the same house, including natural
brothers or sisters, adopted siblings, stepbrothers or sisters and
foster brothers and sisters.
(3) Other children by distance from the school, with priority for
admission given to children who live nearest to the school as
measured by using Ordnance Survey data to plot an address in this
system. Distances are measured as the crow flies from the main
entrance of the child’s home to the main entrance of the school as
specified by the local authority’s GIS.
Random allocation will be used as a tie-break in category ‘3’ above to decide

who has highest priority for admission if the distance between two children’s
homes and the school is the same. This process will be independently verified.
If a tie-break is required in earlier categories to decide who has priority for
admission between two children, distance from the school will be used to decide
as measured above.
90
An adoption order is an order under the Adoption Act 1976 (see Section 12 adoption orders)
and children who were adopted under the Adoption and Children Act 2002 (see Section 46
adoption orders). A ‘child arrangements order’ is an order settling the arrangements to be made
as to the person with whom the child is to live under Section 8 of the Children Act 1989 as
amended by Section 14 of the Children and Families Act 2014. Section 14A of the Children Act
1989 defines a ‘special guardianship order’ as an order appointing one or more individuals to be
a child’s special guardian (or special guardians).
39
Admission of children outside their normal age group
Families may seek a place for their child outside of his/her normal age group
under various circumstances such as ill health, if the child is gifted and talented
or when the child has experienced problems.
40
The Admissions Timeline
The timetable and procedures for admissions are set out in both this Code
and the School Admissions Regulations 2012. The admissions timeline applies
to all state funded schools including Academies and Free Schools (through their
funding agreement).
Local authorities have a key role in providing information to parents on

admission arrangements and schools in their area and in co-ordinating school
admissions for parents for all state funded schools. Local authorities will also be
notified and have oversight of the outcome of all in-year applications.
In the normal admissions round, parents apply to the local authority in which
they live for places at their preferred primary or secondary schools, and the local
authority makes an offer of a place on National Offer Day. For late applications
(those which are submitted before the first day of the first term but are too late
for an offer to be made on National Offer Day), parents also apply to and receive
an offer from the local authority. There is no requirement for local authorities to
co-ordinate in-year applications (applications for the admission of a child to a
relevant age group that are made on or after the first day of the first term, or for
the admission of a child to an age group other than a relevant age group) but
they must, on request, provide information to a parent about the places still
available in all schools within its area, and a suitable form for parents to
complete when applying for a place for their child at a school for which they co-
ordinate in-year admissions within the area. Where a local authority receives an
in-year application for a school which manages its own in-year admissions, it
must promptly forward the application to the relevant admission authority, which
must process it in accordance with its own in-year admission arrangements.
Any parent can apply for a place for their child at any time to any school outside
the normal admissions round. Parents can apply directly to own admission
authority schools who are managing their own in-year applications.
Example timetable
Determination Year (2021/22)
(The school year in which admission authorities determine their admission arrangements)
Date Relevance
Earliest date to start consultation on proposed
1 October 2021 arrangements. Consultation must last a minimum of 6
weeks.
Governing bodies must provide information about in-year
1 October 2021 applications to local authorities for the period until 31
August 2022.
41
Local authority must publish information on their website to
explain how in-year applications can be made and how
31 October 2021 they will be dealt with for the period until 31 August 2022.
Governing bodies must also publish information about in-
year applications by the same date.
Deadline for the local authority to formulate a co-ordinated

1 January 2022 scheme for state funded schools in their area, including
any new school or Academy which is expected to open.
Deadline for the completion of the consultation on

31 January 2022
proposed admission arrangements.
Deadline for admission arrangements to be determined

28 February 2022 even if they have not changed from the previous year and
a consultation has not been required.
After which the Secretary of State may impose a co-
28 February 2022 ordinated scheme if local agreement has not been secured
by this date.
Deadline for admission authorities to send a copy of their
full determined admission arrangements to their local
15 March 2022 authority and publish those arrangements on the schools
website or on their website (in the case of a local
authority).
Deadline for local authorities to publish on their website the
proposed admission arrangements for any new school or
Academy which is intended to open within the
15 March 2022 determination year, details of where the determined
arrangements for all schools, including Academies, can be
viewed, and information on how to refer objections to the
Schools Adjudicator.
15 May 2022 Deadline for objections to the Schools Adjudicator.
Deadline for admission authorities to inform the local

authority whether they intend to be part of the local
authority’s in-year co-ordination scheme and provide all
1 August 2022
information to the local authority that the local authority is
required to publish on its website in relation to how in-year
applications can be made from September onwards.
Deadline for governing bodies to provide admission

8 August 2022 arrangements information to the local authority to allow
them to compile composite prospectus.
Deadline for local authorities to publish on their website
details about how in-year applications can be made and
how they will be dealt with from the September onwards for
31 August 2022
all schools in their area. Governing bodies must also
publish information about in-year applications by the same
date.
42
Offer Year (2022/23)
Date Relevance
12 September Deadline for local authorities to publish composite

2022 prospectus.
31 October 2022 National closing date for secondary school applications.
Deadline for local authorities to report to the Schools

31 October 2022
Adjudicator on admission arrangements in their area.
15 January 2023 National closing date for primary school applications.
Deadline for admission authorities to publish their appeals

28 February 2023
timetable on their website.
1 March 2023 National offer day for secondary school places.
16 April 2023 National offer day for primary school places.
Appeals
The timescales within which admission authorities must ensure that appeals
are heard are detailed in Section 2 of the School Admission Appeals Code. For
example, for applications made in the normal admissions round, appeals must
be heard within 40 days of the deadline for lodging appeals.
Admission Year (2023/24)
Date Relevance
September
New intake starts at school.
2023
43
Glossary
Academic Year
A period commencing with 1 August and ending with the next 31 July, as
defined by Section 88M of the SSFA 1998.
Admission Authority
The body responsible for setting and applying a school’s admission

arrangements. For community or voluntary controlled schools, this body is the
local authority unless it has agreed to delegate responsibility to the governing
body. For foundation or voluntary aided schools, this body is the governing
body of the school. For Academies, this body is the Academy Trust.
Admission Arrangements
The overall procedure, practices and oversubscription criteria used in deciding

the allocation of school places including any device or means used to determine
whether a school place is to be offered.
Admission Number (or Published Admission Number – (PAN))
The number of school places that the admission authority must offer in each
relevant age group of a school for which it is the admission authority. Admission
numbers are part of a school’s admission arrangements.
Banding
A system of oversubscription criteria in which all children applying for a place at

a banding school are placed into ability bands based on their performance in a
test or other assessment. Places are then allocated so that the school’s intake
either reflects the ability profile of those children applying to the school, those
children applying to a group of schools banding jointly, the local authority ability
profile or the national ability profile.
Catchment Area
A geographical area, from which children may be afforded priority for admission
to a particular school. A catchment area is part of a school’s admission
arrangements and must therefore be consulted upon, determined, and published
in the same way as other admission arrangements.
Common Application Form (CAF)
The form parents complete, listing their preferred choices of schools, and then
submit to local authorities when applying for a school place for their child as part
of the local co-ordination scheme, during the normal admissions round. Parents
must be allowed to express a preference for a minimum of three schools on the
relevant common application form as determined by their local authority. Local
authorities may allow parents to express a higher number of preferences if they
wish.
44
Composite prospectus
The prospectus that a local authority is required to publish by 12 September in

the offer year. This prospectus must include detailed admission arrangements of
all maintained schools and academies in the area (including admission numbers
and catchment areas).
Conditionality
Oversubscription criterion that stipulates conditions which affect the priority

given to an application, for example taking account of other preferences or
giving priority to families who include in their other preferences a particular type
of school (e.g. where other schools are of the same religious denomination).
Conditionality is prohibited by this Code.
Co-ordination / Co-ordinated Scheme
The process by which local authorities co-ordinate the distribution of offers of

places for schools in their area. All local authorities are required to co-ordinate
the normal admissions round and late applications for primary and secondary
schools in their area. There is no requirement for local authorities to co-ordinate
in-year admissions, but they can offer to do so if they wish. Own admission
authority schools can take in-year applications directly from parents, provided
they notify their local authority of each application and its outcome.
Determined Admission Arrangements
Admission arrangements that have been formally agreed by the admission

authority, for example, agreed at a meeting of the admission authority and the
decision recorded in the minutes of the meeting.
Determination Year
The school year immediately preceding the offer year. This is the school year in
which admission authorities determine their admission arrangements.
Education, Health and Care Plan
An Education, Health and Care Plan is a plan made by the local authority under
Section 37 of the Children and Families Act 2014 specifying the special
education, health and social care provision required for that child.
First Preference First
Oversubscription criterion that giving priority to children according to the order of

other schools named as a preference by their parents, or only considering
applications stated as a first preference. The First Preference First
oversubscription criterion is prohibited by this Code.
Governing Bodies
School governing bodies are bodies corporate responsible for conducting

schools with a view to promoting high standards of educational achievement.
Governing bodies have three key roles: setting strategic direction, ensuring
accountability, and monitoring and evaluation.
45
Grammar Schools (designated)
These were the 163 schools that were designated under Section 104(5) of the
SSFA 1998 as grammar schools. A ‘grammar school’ is defined by Section
104(2) of that Act as a school which selects all (or substantially all) of its pupils
on the basis of general (i.e. academic) ability. At the time of publication, most
grammar schools have converted to Academy status.
Home Local Authority
A child’s home local authority is the local authority in whose area the child
resides.
Infant Class Size Exceptions
The School Admissions (Infant Class Sizes) (England) Regulations 2012 permit
children to be admitted as exceptions to the infant class size limit. These are set
out in paragraph 2.15.
Infant Class Size Limit
Section 1 of the SSFA 1998 limits the size of an infant class (i.e. a class in which
the majority of children will reach the age of five, six or seven during the school
year) to 30 pupils per school teacher.
In-year application
An application is an in-year application if it is for the admission of a child to a

relevant age group and it is submitted on or after the first day of the first school
term of the admission year; or it is for the admission of a child to an age group
other than a relevant age group.
Late application
Late applications are applications for entry in a relevant age group which are
submitted before the first day of the first term in the admission year but have not
been made in time to enable the local authority to offer a place on National Offer
Day.
Local Government and Social Care Ombudsman
An independent, impartial, and free service that investigates complaints about

maladministration of certain public bodies.
Looked After Children (see also Previously Looked After Children)
Children who are in the care of local authorities as defined by Section 22 of the
Children Act 1989. In relation to school admissions legislation a ‘looked after
child’ is a child in public care at the time of application to a school.
Maintaining Local Authority
The area in which a school is located is referred to as the maintaining local

authority.
46
National Offer Day
The day each year on which local authorities are required to send the offer of a
school place to all parents in their area. Secondary National Offer Day is 1
March (or the next working day). Primary National Offer Day is 16 April (or the
next working day).
Nodal Point
A fixed geographical point, other than the location of the school, from which
children may be afforded priority for admission to a particular school, based on
the distance from the child’s home to the nodal point. A nodal point is part of a
school’s admission arrangements and must therefore be consulted upon,
determined, and published in the same way as other admission arrangements.
The selection of such a point must be clearly explained and made on reasonable
grounds.
Normal Admissions Round
The period during which parents are invited to express a minimum of three
preferences for a place at any state-funded school, in rank order on the common
application form provided by their home local authority. This period usually
follows publication of the local authority composite prospectus on 12
September, with the deadlines for parental applications of 31 October (for
secondary places) and 15 January (for primary places), and subsequent offers
made to parents on National Offer Day as defined above.
Offer Year
The school year immediately preceding the school year in which pupils are to be
admitted to schools under the admission arrangements in question. This is the
school year in which the offers of school places are communicated.
Oversubscription
Where a school has a higher number of applicants than the school’s published
admission number.
Oversubscription Criteria
This refers to the published criteria that an admission authority applies when a
school has more applications than places available in order to decide which
children will be allocated a place.
Previously Looked After Children
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).
Reception Class
Defined by Section 142 of the SSFA 1998 as a class in which education is

provided which is suitable for children aged five and any children who are under
or over five years old whom it is expedient to educate with pupils of that age.
47
Relevant Accommodation
The term ‘relevant accommodation’ is used in relation to the proposed local

authority duty to provide support to victims of domestic abuse and their children.
For the purposes of this Code ‘relevant accommodation’ is a safe place to stay
for victims and their children fleeing domestic abuse. This can include, but is not
limited to, refuges, specialist safe accommodation, sanctuary schemes and
second stage accommodation.
Relevant Age Group
The age group to which children are normally admitted. Each relevant age group
must have admission arrangements, including an admission number. Some
schools (for example schools with sixth forms which admit children into the sixth
form) may have more than one relevant age group.
Relevant Area
The area for a school (determined by its local authority and then reviewed every
two years) within which the admission authority for that school must consult all
other prescribed schools on its admission arrangements.
Schools Adjudicator
A statutory office-holder who is appointed by the Secretary of State for

Education but is independent. The Schools Adjudicator decides on objections to
determined admission arrangements of all state-funded schools and variations
of determined admission arrangements for maintained schools. The Schools
Adjudicator also deals with referrals of directions by local authorities to
maintained schools to admit a child and provides advice on requests to the
Secretary of State by local authorities to direct academies to admit children.
School Year
The period beginning with the first school term to begin after July and ending
with the beginning of the first such term to begin after the following July, as
defined by Section 579 of the Education Act 1996.
Twice Excluded Pupils
A child who has been permanently excluded from two or more schools.
Waiting Lists
A list of children held and maintained by the admission authority when the
school has allocated all of its places, on which children are ranked in priority
order against the school’s published oversubscription criteria.
48
Index
A
Ability/Aptitude: 1.17-1.24, 1.31, 1.32
Academies: 4, 5, 7, 10, 11, 12, 13, 1.49, 1.50, 1.51, 1.53, 2.8, 2.22, 2.24, 2.26,
2.28, 3.3, 3.6, 3.29
Adjudicator, Schools: 3, 6-11, 15, 1.3, 1.52, 1.53, 3.1-3.6, 3.24, 3.25, 3.27-3.30
Admission arrangements: 5-11, 14, 15, 1.1-1.54, 2.6, 2.7, 2.12, 2.15, 2.18,2.22,
2.29, 3.1-3.7, 3.30
Admission number (PAN): 1.2-1.5, 1.43, 1.48, 1.49, 1.51, 3.3, 3.6, 3.7
Admission authorities: 3, 5, 10, 11, 13-15, 1.1-1.53, 2.1, 2.4-2.7, 2.9, 2.10, 2.12,
2.13, 2.15, 2.17-2.30, 2.32, 3.1–3.4, 3.6-3.11, 3.153.18, 3.19, 3.23,3.26,
3.27, 3.29
Admission of children below compulsory age: 2.17
Admission of children outside normal age group: 2.18-2.20
Allocating places: 12, 1.6, 2.4, 2.7-2.11, 2.15, 2.21, 2.29, 3.14, 3.21
Appeals: 2, 3, 6, 11, 15, 2.13, 2.16, 2.20, 2.26, 2.30, 2.32, 3.18
Applying for places: 2.1-2.6, 2.23, 2.30
Applying for places at sixth form: 1.9, 2.6
Armed forces/UK service personnel: 1.41, 1.42, 1.44, 2.16, 2.21
Asylum seekers and refugees: 3.17
B
Banding: 1.25-1.30
Behaviour: 1.9, 3.8-3.11, 3.13, 3.16, 3.17
Birth certificates: 2.5
Boarding schools: 1.9, 1.43, 1.44
C
Catchment areas: 1.14
Challenging behaviour: 3.8-3.11, 3.13, 3.16, 3.17
Children below compulsory school age: 2.17
Children of staff: 1.9, 1.39, 1.40
Children of armed forces/UK service personnel: 1.41, 1.44, 2.16, 2.21
Children outside their normal age group: 2.18-2.20
Common Application Form (CAF): 2.1-2.6
Composite prospectus: 15, 1.53, 1.54, 2.21
Conditionality: 1.9
Consultation: 15, 1.3, 1.38, 1.45-1.48, 2.22, 3.15, 3.24, 3.27
Co-ordination: 6, 1.4, 2.22, 2.23-2.26, 2.30, 3.30
D
Deferred entry: 2.17
Determination of admission arrangements: 1.49-1.53
Direction (local authority powers): 3.23-3.25
Direction (local authority powers – looked after children): 3.26-3.28
Direction (Secretary of State’s powers – academies): 3.29
Disability: 1.8, 1.9, 1.33, 2.4, 3.10, 3.17
E
Equality Act: Appendix 1
Excepted pupils: 2.16
Excluded pupils: 3.8-3.12, 3.16, 3.17, 3.20, 3.23, 3.26-3.28
49
F
Fair Access Protocols (FAP): 2.14-22
Faith based oversubscription criteria: 1.36-1.38, 2.9, 2.28
Faith, schools designated with a religious character: 1.9, 1.36-1.38, 1.47, 2.8,
2.9, 2.15, 2.28
Feeder schools: 1.9, 1.15
Financial contributions: 1.9
Financial status: 1.9, 2.4
Free school meals: 1.9, 1.41, 1.42
G
Gifted and talented children: 2.18
Governing body: 3, 11, 1.3, 2.7, 2.26, 3.3, 3.6, 3.23-3.25, 3.27
Grammar schools: 1.6, 1.9, 1.18-1.20, 1.31-1.33
H
Homeless children: 3.17
Human Rights Act: Appendix 1
I
In-year admission/application: 2.23-2.31
Independent school: 1.9
Infant class size: 2.16
L
Local authority reports: 6, 3.30
Looked after children and previously looked after children: 1.7, 1.19-1.20, 1.23,
1.28, 1.34, 1.37, 1.44, 2.5, 2.6, 2.15, 2.16, 3.12, 3.17, 3.26-3.28
M
Medical and social need: 1.16
Misprints in admission arrangements: 3.6
Multiple births: 2.16
N
National Offer Day: 15, 2.12
Normal admissions round: 15, 2.1-2.5, 2.10
Nurseries: 1.9, 1.42
O
Objections to determined admission arrangements: 7-8, 15, 1.52, 1.53, 3.1-3.5
Offering a place: 2.7-2.12
Oversubscription criteria: 1.6-1.44
P
Partial selection: 1.21-1.23, 1.24, 1.29, 1.31-1.33
Photographs: 1.9
Preferred schools: 1.9
Previous schools: 1.9
Proof of address: 2.5
Prospectus: 1.54
Public Sector Equality Duty: Appendix 1
Published Admission Number (PAN): 1.2-1.5, 1.45, 1.48, 1.49, 1.51, 3.3, 3.6, 3.7
Pupil Premium: 1.9, 1.41, 1.42
50
R
Racial groups: 1.8
Random allocation: 1.34-1.35
Religious character, schools designated with: 1.9, 1.36-1.38, 1.47, 2.8, 2.9
Refugees and asylum seekers: 3.17
Relevant age group: 1.2, 1.4, 1.7, 2.20
S
School closure: 2.33
Schools Adjudicator: 3, 6-11, 15, 1.3, 1.52, 1.53, 3.1-3.6, 3.24, 3.25, 3.27-3.30
School trips: 1.8
School uniform: 1.8
Selection by ability: 1.9, 1.17-1.24, 1.25-1.33
Selection by aptitude: 1.17, 1.24, 1.29, 1.31-1.33, 3.3
Service children: 2.21
Service Premium: 1.9, 1.41, 1.42
Siblings: 1.9, 1.11-1.12
Sixth form: 1.9, 2.6
Social and medical need: 1.16
Special Educational Needs (SEN): 1.6, 1.8, 1.9, 1.30, 1.32, 2.4, 2.16, 3.8, 3.9,
3.11, 3.12, 3.17
Summer born children: 2.18-2.20
Supplementary Information Form (SIF): 1.43, 1.45, 1.54, 2.4, 2.25, 2.26
T
Tests (Selection): 1.31-1.33
Tie breaker: 1.8
Travellers / Gypsies / Roma: 3.17
U
Uniform: 1.8
V
Variations (to determined admission arrangements): 3.6-3.7
Vulnerable children: 3.17
W
Waiting lists: 2.15
Withdrawing an offer: 2.13, 2.14
51
© Crown copyright 2021
This publication is licensed under the terms of the Open Government Licence
v3.0 except where otherwise stated. To view this licence,
visit nationalarchives.gov.uk/doc/open-government-licence/version/3.
Where we have identified any third party copyright information you will need to
obtain permission from the copyright holders concerned.
This publication is available at www.gov.uk/official-documents.
Any enquiries regarding this publication should be sent to us

at www.education.gov.uk/contactus.
ISBN 978-1-5286-2575-3
CCS0521535686 05/21
52

School Admissions Code 2021 2

Uploaded by

Copyright:

Available Formats

School Admissions Code 2021 2

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

School Admissions Code 2021 2

Uploaded by

Copyright:

Available Formats

School Admissions

The Statutory Basis for the School Admissions Code ................................................... 4

3. This Code imposes mandatory requirements and includes guidelines

a) Admission authorities of maintained schools as defined in

Application of the Code to Academies

7. Objections to the admission arrangements of both maintained schools and

8. The Secretary of State may refer the admission arrangements of any

9. The Schools Adjudicator may investigate the admission arrangements of

Purpose of this Code

Overall principles behind setting arrangements

How admissions work

b) Admission authorities must set (‘determine’) admission

c) Once all arrangements have been determined, arrangements can

d) In the normal admissions round 8 parents apply to the local

f) Parents, and in some circumstances children, have the right to

Published Admission Number (PAN)

1.8 Oversubscription criteria must be reasonable, clear, objective,

Siblings at the school

Distance from the school or nodal points

Social and medical need

Selection by ability or aptitude

1.19 Where arrangements for pupils are wholly based on selection by

1.23 In relation to the proportion of pupils admitted on a selective basis, where

a) physical education or sport, or one or more sports;

a) the full range of ability of applicants for the school(s);

1.28 Where the school is oversubscribed:

1.29 Schools that operate admission arrangements which include both

Tests for selection

1.32 Admission authorities must:

1.35 The random allocation process must be supervised by someone

Faith based oversubscription criteria in schools designated

1.38 Admission authorities for schools designated as having a religious

Children eligible for pupil premium, early years premium or

1.42 Admission authorities may give priority in their oversubscription criteria to

Maintained boarding schools

a) looked after children and previously looked after children;

1.47 Admission authorities must consult with:

a) parents of children between the ages of two and eighteen;

1.50 Once admission authorities have determined their admission

1.53 Following determination of arrangements, any objections to those

Applying for places in the normal admissions round

a) any personal details about parents and families, such as maiden

Applying for places at Sixth Form

2.8 With the exception of designated grammar schools, all maintained

a) they have applied later than other applicants;

a) only one offer per child is made by the local authority;

Withdrawing an offer or a place

Infant class size

Admission of children below compulsory school age 56

Admission of children outside their normal age group

2.19 Admission authorities must make decisions on the basis of the

Children of UK service personnel and crown servants

2.24 To enable local authorities to do this, in 2021 own admission authority

2.25 Local authorities must provide a suitable application form (and a

2.27 Local authorities must, on request, provide information to prospective

2.30 Parents must not be refused the opportunity to make an application or

2.31 Where an applicant is offered a school place following an in-year

The Schools Adjudicator

3.2 Local authorities must refer an objection to the Schools Adjudicator if