The Office of the Schools Adjudicator Annual Report: Key takeaways for academies and maintained schools' admission arrangements

Admission authorities are required to consult on their admission arrangements where they are proposing to make any change to the arrangements, and as a minimum must consult at least once every 7 years, even if there have been no changes during that period. 

As part of the preparations for the new school year, admission authorities should be looking ahead to the admission arrangements for the school year 2027/28 to consider:

1. whether they are compliant
2. whether there are any aspects of the arrangements that the admission authority is proposing to change and which will require consultation within the statutory window.  

With a rise in objections to the OSA, particularly from parents and members of the public, it is important to consider your admission arrangements as a whole, to reduce the risk of an objection. 

We have set out below some of the key points raised by the Chief Adjudicators in this year's report:

Children below compulsory school age

The OSA provided another reminder to admission authorities around part-time attendance and deferred entry to school for children below compulsory school age.  The OSA stressed that these entitlements are parental rights. Admission authorities must not ask parents to get permission before they exercise this right. 

The OSA also noted that there was ongoing evidence of confusion around the admission of summer born children and reminded admission authorities of the DfE's guidance.

Published admission number (PAN)

The Adjudicators also stressed to admission authorities that the PAN does not apply beyond the normal year of entry (e.g. Reception, Year 7 and Year 12).

In-year admissions

Unsurprising the report looked at in-year admissions, which can often present challenges to admission authorities, depending on local trends. 

The Adjudicators reminded admission authorities of the requirements of paragraph 1.9.m of the School Admissions Code which expressly prohibits admission authorities from interviewing children or parents.

The only circumstances in which meetings may be held are: 

• sixth form applications: a meeting may be held to discuss course options and academic entry requirements for particular courses. This meeting cannot form part of the decision making process on whether to offer a place
• boarding applications: Boarding schools may interview children to assess their suitability for boarding only. 

The report also highlighted difficulties in complying with the time limits to notify parents of the outcome of an in-year application.  

The School Admissions Code contains time limits for the administration and outcome notification for in-year admissions.  

Looked after and previously looked after children 

Admission authorities should ensure that the definition in their admission arrangements of looked after children and previously looked after children is the same as the definition in the School Admissions Code.

Request for variations 

The OSA's report commented on the requests for variations that it received for maintained schools (academies must make their request to the Secretary of State). 

The most common request seen by the adjudicators was to reduce PANs in primary schools.  The Chief Adjudicators noted their concerns around requests for approvals of PAN reductions being requested after the closing date for applications (15 January for primary places).  The report stated: 

Approvals will not usually be granted in such cases except where refusal will cause severe adverse financial consequences for the school and where there are sufficient places for displaced children at other local suitable schools situated within reasonable distance of the families’ home addresses.

Any consideration of requests for variations should therefore be made well in advance of the application closing date, and where possible, before parents make their applications. 

Actions for schools to consider ahead of the next admissions cycle / statutory consultation window

We suggest that Admission authorities now look to: 

1. Review their admission arrangements to consider if there are any changes being proposed, or whether a consultation is required within the 7 year window.
2. If any changes are being proposed, consider what needs to be undertaken ahead of the consultation window, for example:
   1. equality impact assessments
   2. liaising with religious bodies
   3. considering whether any additional supplementary information forms are required
   4. considering whether a consultation notice is required to set out clearly the changes proposed
   5. the practical arrangements for the consultation.

How we can help

Our team of specialist education lawyers can support your school or academy trust to: 

• review existing admission arrangements
• create new bespoke admission arrangements
• provide ad-hoc advice on admissions, including responding to objections to the OSA.

VWV has also created a template admissions appeal statement to support schools and Trusts when running admission appeals. 

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For more information please contact Miriam Carrion Benitez or Rosie Browne.