This Practice Note provides a summary of school admissions appeals covering the legislative framework in both England and wales. It also covers the appeals process including the two stages and the infant class size process. It also covers who can sit on appeal panels, and how the appeal hearings are convened and conducted together with further remedies available if unsuccessful. Legislative framework for school admissions and appeals England In England, the framework for school admission appeals is comprised of: • the School Standards and Framework Act 1998 (SSFA 1998) • the School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012, SI 2012/8 • the School Admissions (Appeals Arrangements) (England) Regulations 2012, SI 2012/9 • statutory guidance, ‘School admissions appeals code 2022’ (appeals code) (issued under SSFA 1998, s 84). Where it imposes mandatory requirements, or refers to requirements in legislation, the words ‘must’ or ‘must not’ are used • statutory guidance, ‘School admissions code 2021’ (admission code) (issued under SSFA 1998, s 84). Where it imposes mandatory requirements, or refers to requirements in legislation,

This Practice Note explains that every child of compulsory school age in England must engage in full-time education, sets out the bodies initially responsible for school admissions and summarises issues relating to publishing admissions numbers. It also discusses oversubscription criteria and the application process for pre- and post-16 schooling. Every child of compulsory school age must engage in suitable full-time education and parents have a duty to ensure their child receives this at school or otherwise. In nearly every case, the child is enrolled at a school for this purpose. Admission to a school roll is often simple, but complications may arise when the number of applicants for admission exceeds the school’s capacity. Academies are technically independent schools, but they are state-funded and use the same system for admission as maintained schools. In the normal admission round (ie when the majority of children are admitted to schools), the local authority co-ordinates all applications in their area. Admission to fee-paying independent schools is entirely a matter for the school and the parents,

The government’s statutory guidance ‘Working together to improve school attendance’ sets out the considerations that all schools, trusts, governing bodies and local authorities must have regard to when acting to ensure maintenance of high levels of attendance in England. The guidance makes clear that it must be read in conjunction with the statutory guidance ‘Keeping children safe in education‘, among other guidance. Compulsory school age Children of compulsory school age are required to be in education (although not necessarily in school). The starting point for any question of the adequacy of a child’s school attendance is to ask whether the child is of compulsory school age. A child begins to be of compulsory school age: • when they attain the age of five, if they attain that age on a prescribed day, and • otherwise at the beginning of the prescribed day next following their attaining that age The prescribed days for the start of compulsory school age are 31 August, 31 December and 31 March in each year. A

Any day on which at a school there is a school session.

Law360: A teaching assistant has lost his religious discrimination claim against a school that fired him for openly sharing his opposition to same-sex marriage and abortion, with a tribunal ruling that the institution had to protect its reputation.

This Practice Note discusses a number of issues relating to school discipline and exclusion, including physical restraint, detention, school uniform, and confiscation of property primarily in England with reference to differences with the position in Wales. It confirms that heads, school governors, the local authority, social workers and the virtual school head are obliged to have regard to up-to-date statutory guidance on exclusions, and provides an overview of the procedure for excluding a pupil, and of appeals against permanent exclusion. Legal framework The statutory framework on school discipline and exclusion mostly runs in parallel with the common law. Relevant statutory authorities/guidance include: • section 51A of the Education Act 2002 (EA 2002) (as inserted by section 4 of the Education Act 2011) • the School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (School Discipline Regulations 2012), SI 2012/1033 (as amended regularly, most recently by the School Discipline (Pupil Exclusions and Reviews) (England) (Amendment and Transitional Provision) Regulations 2023, SI 2023/571) which extends EA 2002, s 51A to academies and free schools • the Education and Inspections

This Practice Note explains how governing bodies for maintained schools in England are constituted and how membership is determined with reference to its instrument of government. It also explains the powers and duties of governors and how they can be appointed and removed. School governance in Wales is organised under a very similar regime to that in England. The constitutions of maintained schools Every maintained school in England (including every maintained nursery school) has a governing body, which is a statutory corporation. The membership of the governing body is determined according to its instrument of government, which records (among other things) the name of the school, its category (eg voluntary aided or community) and the numbers of each type of school governor who are to form its governing body. Under the School Governance (Constitution) (England) Regulations 2012, SI 2012/1034, instruments of government are drafted by the governors (although in practice, local authority or Diocesan, etc lawyers or education officers usually draft the instruments for approval) and are ‘made’ by the local authority. Copies of the instrument must be provided

Local Government analysis: Leave for judicial review against the decision of an Independent Appeals Panel was sought by a school governing body on the basis of a decision letter notifying it of a successful appeal to the panel by a parent. The claimant, the Leighton School Governing Body challenged the panel’s decision upholding the parent’s appeal concerning its refusal to grant a place for a Year five pupil at the claimant’s school on the basis that the letter and record of the hearing did not comply with mandatory requirements governing such appeals under the Schools Appeal Code. Granting leave, the Administrative Court noted recording and notifying of decisions were among crucial criteria required under the Schools Appeals Code established by the School Standards and Framework Act 1998 (SSFA 1998). Written by Alan Murdie, barrister and chairman of Nucleus Legal Advice.

This Practice Note explains that the ownership of school land and premises depends mainly on the type of school in question and discusses ownership in relation to community schools, voluntary schools, foundation schools, academies and free schools. It discusses renewed interest in the School Sites Act 1841 (SSA 1841), under which landowners were encouraged to donate sites for local schools on the basis that, if a school ever closed, the land would revert back to the donor. It also discusses provision for schools to be used for community purposes such as elections. Ownership of school land and premises The ownership of school sites and playgrounds, school buildings and school playing fields depends for the most part on the type of school in question. Community schools The land and premises at ‘community’ schools belong to the local authority (ie the county council, borough council or unitary authority) for the area in which the school is located, as do the land and premises at maintained nursery schools and community special schools. The local authority

ARCHIVED: This Practice Note has been archived and is not maintained. As with many aspects of education law, the law on school meals is now different in England from that in Wales. Food and drink provided to pupils in schools in England Local authorities in England may provide milk, meals and other refreshments to registered pupils and others being educated at maintained schools and to children receiving ‘relevant Early Years education’. This power extends to the provision of lunches at academies, free schools and at independent schools. This catering may be provided either on school premises or elsewhere where education is being provided and the local authorities must provide at maintained schools facilities for the consumption of food and drink brought to school by pupils. Catering in academy schools and at free schools is not regulated by statute, but these schools’ funding agreement with the Department for Education (DfE) or Education Funding Agency (EFA) may well contain similar obligations. The power to provide school lunches becomes a duty, either if that service is requested

The High Court has refused to extend the concept of a non-delegable duty of care and have upheld a school's application to strike out a claim asserting that they were liable for the negligence of an independent contractor who was the life guard for a class swimming lesson.

A term of art covering the legal processes for the proposing, approval and opening of new state schools and the alteration and closing of existing state schools.