This is a reply on behalf of Jim Knight in response to an appeal from ParentsOutloud to help with the School Place Problem posted opposite relating to twins being offered places in different schools.
Dear Ms Morrissey
Thank you for your email of 5 April, addressed to Jim Knight, about primary admissions. As you can appreciate the Minister receives a great deal of correspondence and is unable to personally reply to every letter and email he receives. Therefore, on this occasion, I have been asked to reply on his behalf.
Beyond giving highest priority to Children in Care (which is a statutory requirement), admission authorities have a fairly wide discretion to determine their own criteria, although they must comply with all relevant legislation and act in accordance with the School Admissions Code. This enables them to set admission arrangements that they feel work best for local parents and children. Whatever criteria are used should be clearly and accurately described, so that parents have as much idea as possible of their chance of securing a place at their preferred school. Commonly used criteria give priority to children with a brother or sister already at the school, children living closest to the school, or those living in the catchment area the school serves.
I should explain that while the Government is responsible for the overall school admissions framework, the Government considers that decisions on school places are best made locally and the School Admissions Code underpins this. The Code does recognise the importance of families with young children, with particular reference to twins, triplets and children from other multiple births. Indeed it states that, in primary schools, admission authorities should ensure in their over subscription criteria that, as far as possible, siblings (including twins and multiple birth children) can attend the same school. However, this is only as long as they comply with infant class size legislation.Parents refused a place for their child at any of their preferred schools have the right to an appeal against that decision to an independent appeal panel. The appeal panel’s duty is to come to its own independent conclusion as to whether the school should admit the child, having considered the case presented by both the admission authority and the parents.
I should explain that there is no right of appeal to the Secretary of State against an appeal panel’s decision, as he has no powers to review or overturn their decision. Only the Courts can overrule the decision of an appeal panel.
As this is not an area in which Ministers or the Department can intervene it is appropriate that parents address their concerns to their Local Authority (LA). The LA is best placed to advise on the options available.
Finally, the Department publishes a free guide for parents which can be ordered or downloaded from:
here at the teachernet.gov.uk