Children’s Wellbeing and Schools Bill: increased co-operation on admissions

The Children's Wellbeing and Schools Bill continues to work its way through Parliament, having completed its stages in the House of Commons. Once the Bill becomes law, it is set to introduce changes to admissions law, including a new duty requiring schools and the local authority (LA) to co-operate when carrying out their respective admission duties

In this article, solicitor in our sports, education and charities team, Anna Glover, explains more about what schools should be aware of from the new admissions guidance.

“Place planning” duties

Schools will be required to co-operate with LAs to contribute to the LA’s “place planning” duties, so far as is reasonable. These “place planning” duties include the duty to ensure there are enough school places available in their area for pupils of compulsory school age and the duty to arrange alternative provision where appropriate. The Bill expects that schools should support (rather than hinder) the LA in carrying out these duties.

According to Policy Summary Notes that accompany the Bill, the new co-operation duties are intended to ensure that schools and LAs work together constructively on admissions and place planning so that their respective statutory responsibilities can be delivered. However, the duty to co-operate will not apply to the admission of children with an Education, Health and Care Plan, which falls under a different regime.  

Extended powers for LAs

The Bill also extends the current powers of LAs. While currently LAs can direct a maintained school to admit a child, under the Bill, they'll also be able to direct academies to admit a child in the same way.

In addition, the Bill also extends LA powers to influence the published admission number (PAN) of academies by enabling them to object to an academy's PAN where the admission authority has decreased, increased or kept PAN the same (rather than just decreased, as is the current position).

Adapting to changes to the admissions process

For now, the existing admissions guidance remains in force. However, schools should consider how their admissions process may be affected by changes introduced under the Bill.

If you have any queries on your school’s requirements or DfE’s guidance, please contact our education team via 0191 211 7777 or [email protected].