Education Bill — Clause 34 — Role of Local Authority in Implementation of Decisions by School Admissions Adjudicator — 11 May 2011 at 18:00

The majority of MPs voted not to give local councils more powers in relation to school admissions.

The Bill as it stood at the time of the vote contained, in clause 34(1), a provision to repeal section 88J of the School Standards and Framework Act 1998. Section 887 was introduced by Section 151 of the Education and Skills Act 2008^[2], it dealt with implementing decisions made by the adjudicator and stated: "the admission authority (eg. the school's Governing Body) must forthwith revise those arrangements in such a way as to give effect to that decision".

The vote took place as MPs were considering the Education Bill^[4]. The proposal rejected in the vote was to give powers to local authorities to direct schools to change their admissions arrangements as a result of an adjudicator's decision.

The text of the rejected motion^[4] was:

• ‘(3) For section 88J (changes to admission arrangements by schools adjudicator) substitute—
• “88J Implementation of decisions by adjudicator
• (1) This section applies where the adjudicator has made a decision (‘the primary decision’)—
• (a) under section 88H(4) on whether to uphold an objection to admission arrangements, or
• (b) under section 88I(4)(b) or (5)(b) on whether admission arrangements conform with the requirements relating to admissions.
• (2) If the admission authority has not amended its admission arrangements within a period of 14 days of being notified of the primary decision, the local authority for the area in which the school is situated may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.
• (3) Following the amendment of the admission arrangements by the admission authority following a primary decision, the local authority for the area, if it considers that the changes to the admission arrangements are not consistent with the primary decision, may direct appropriate changes to any aspect of the admission arrangements in consequence of the primary decision.
• (4) An admission authority which is subject to a direction under subsections (2) or (3) may ask the adjudicator to set aside the direction on the grounds that the changes to the admission arrangements contained in the local authority’s direction are not consistent with the primary decision.”.’

==

• [1] Sections 88-91 (Admission arrangements) of the School Standards and Framework Act 1998
• [2] Section 151 of the Education and Skills Act 2008
• [3] Education Bill (now the Education Act 2011) page on the Parliament website.
• [4] Amendment sheet containing the amendment rejected in this vote

Debate in Parliament | Source |