Decision details

26      VARIATION TO SCHOOL ADMISSION ARRANGEMENTS FOR 2021/22 AND 2022/23 COMMUNITY AND VOLUNTARY CONTROLLED SCHOOLS - The Director: Learning, Skills and Culture submitted a report seeking approval to implement the proposed varied admission arrangements for the 2021/22 and 2022/23 academic years.

The 2021 School Admissions Code (the Code) required children who appeared (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 to be given equal first priority in admission arrangements, alongside looked after children and children who were previously looked after by English local authorities. These children were referred to as internationally adopted previously looked after children.

The draft Code and associated regulations were laid before Parliament on 13 May 2021. The Code was laid in Parliament for a 40-day period during which both the House of Commons and the House of Lords had the opportunity to review the Code and any Member could pass a motion to not approve it. This 40-day period was expected to expire on 1 July 2021, and provided there was no such motion, the new Code would come into force on 1 September 2021.

Paragraph 1.7 of the new Code would require that highest priority was given to “looked after children and all previously looked after children, including those children who appear (to the admission authority) to have been in state care outside of England and ceased to be in state care as a result of being adopted”.

This new provision would necessitate variations to determined admission arrangements to take effect from 1 September 2021. Admission authorities would need to vary their admission arrangements for 2021/22 (which would have been determined by 28 February 2020) and their admission arrangements for 2022/23 (which would have been determined by 28 February 2021). Without these variations, admission arrangements that had already been determined would no longer comply with the Code from this date.

Variations would be conditional on the Code passing through its Parliamentary process (i.e. a date on or around 1 July 2021). If any variations were agreed before then, they must be expressed to be conditional on the Code passing through Parliament. All such variations should come into effect on 1 September 2021.

Resolved – That the proposed varied admission arrangements for the 2021/22 and 2022/23 academic years, set out in Appendix 1 to the report, be approved.