The school has an agreed admission number of 60 pupils for entry in Year 3. All pupils on roll at Eagley Infant School on the last day of the preceding summer term will be admitted. This includes any pupils over the 60 limit who were admitted according to the admissions/appeals procedures at Eagley Infant School.
The school will continue to admit pupils up to the limit of 60 pupils in the relevant age group.
If there are more applications than there are places available, after the admission of pupils with a Statement of Special Educational Needs where the school is named in the Statement, 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, residence, or special guardianship order67. 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) Children of members of the armed forces.
(4) Children of members of staff currently residing with that member of staff.
(5) 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 from the main entrance of the child’s home to the main entrance of the school as specified in the school information pack.
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.
The school will be mindful of the following sections from the BMBC School Admissions Code:
2.14 …. 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, previously looked after children, and those allocated a place at the school in accordance with a Fair Access Protocol, must take precedence over those on a waiting list.
2.22 Own admission authority schools must, on receipt of an in-year application, notify the local authority of both the application and its outcome, to allow the local authority to keep up to date figures on the availability of places in the area. The admission authority must also inform parents of their right to appeal against the refusal of a place.
Right to appeal
2.24 Right to appeal – 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. Admission authorities must not limit the grounds on which appeals can be made.
Children with challenging behaviour/two prior exclusions
3.8 …. Admission authorities must not refuse to admit children in the normal admissions round on the basis of their poor behaviour elsewhere. 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. The twice excluded rule does not apply to …children who have been re-instated following a permanent exclusion (or would have been had it been practicable to do so), and children with special educational needs statements.
3.9 Fair Access Protocols – Each local authority must have a Fair Access Protocol, agreed with the majority of schools in its area to ensure that – outside the normal admissions round – unplaced children, especially the most vulnerable, are offered a place at a suitable school as quickly as possible. In agreeing a protocol, the local authority must ensure that no school – including those with available places – is asked to take a disproportionate number of children who have been excluded from other schools, or who have challenging behaviour.
3.10 The operation of Fair Access Protocols is outside the arrangements of coordination and is triggered when a parent of an eligible child has not secured a school place under in-year admission procedures.
3.11 All admission authorities must participate in the Fair Access Protocol in order to ensure that unplaced children are allocated a school place quickly. There is no duty for local authorities or admission authorities to comply with parental preference when allocating places through the Fair Access Protocol.
3.12 Where a governing body does not wish to admit a child with challenging behaviour outside the normal admissions round, even though places are available, it must refer the case to the local authority for action under the Fair Access Protocol.
This will normally only be appropriate where a school has a particularly high proportion of children with challenging behaviour or previously excluded children.
The use of this provision will depend on local circumstances and must be described in the local authority’s Fair Access Protocol. This provision will not apply to a looked after child, a previously looked after child or a child with a statement of special educational needs naming the school in question, as these children must be admitted.
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.
3.14 A Fair Access Protocol must not require a school automatically to take another child with challenging behaviour in the place of a child excluded from the school.
3.15 The list of children to be included in a Fair Access Protocol is to be agreed with the majority of schools in the area but must, as a minimum, include the following children of compulsory school age who have difficulty securing a school place:
- a) children from the criminal justice system or Pupil Referral Units who need to be reintegrated into mainstream education;
- b) children who have been out of education for two months or more;
- c) children of Gypsies, Roma, Travellers, refugees and asylum seekers;
- d) children who are homeless;
- e) children with unsupportive family backgrounds for whom a place has not been sought;
- f) children who are carers; and
- g) children with special educational needs, disabilities or medical conditions (but without a statement).
3.22 Secretary of State’s power of direction (Academies) – 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 Adjudicator in reaching a decision.