Pupils at an academy or free school—admission, exclusion and special needs
Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors
Pupils at an academy or free school—admission, exclusion and special needs

The following Local Government practice note Produced in partnership with Nicholas Hancox of Nicholas Hancox Solicitors Ltd and Hayley O'Sullivan of Browne Jacobson Solicitors provides comprehensive and up to date legal information covering:

  • Pupils at an academy or free school—admission, exclusion and special needs
  • Admissions of pupils at an academy or free school
  • Exclusion of pupils from an academy or free school
  • Special educational needs at an academy or free school—transitionally using the Education Act 1996

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, ss 37–38, Sch 16 Pt 1–Sch 16 Pt 3, Sch 17 Pt 1–Sch 17 Pt 3, among other measures, make provision to require temporary closure of educational institutions and to make temporary continuity directions relation to childcare, education and training by way of statutory instruments and/or guidance. For further information as to the current impact on this content, see: Coronavirus (COVID-19)—education tracker.

Note: Although the Academies Act 2010 (AcA 2010) does apply in Wales, the provisions for the creation of new academies or free schools apply only in England. As such, this Practice Note applies to England only.

Admissions of pupils at an academy or free school

Although academy schools and free schools are generally expected to be all-ability schools (which is almost what it says in AcA 2010), there is an un-signposted exception in AcA 2010, s 6(3) for those few academies that have directly replaced, or will directly replace, a closing grammar school.

Beyond that, it is clear that the equivalent of an admission authority for an academy or free school is the school’s governing board (which usually is (or operates under) an Academy Trust or a Multi-Academy Trust) and that all of the requirements for an academy or free school to participate in the local authority’s

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