This article is part of our series of briefings on The Children’s Wellbeing and Schools Act.

Sections 61 to 64 of the Act cover changes to admissions designed to achieve greater co-operation between schools and local authorities (LAs), giving LAs more influence over admission criteria and pupil numbers at schools for which they are not the admission authority - including academies.

Section 61 - Co-operation between schools and local authorities (place planning)

Section 61 came into force on 29 June 2026.

It introduces a new duty of co-operation between schools and academies and their LA in carrying out their respective functions, with particular reference to the LA's duty to:

• Secure sufficient primary and secondary school places for children in their area (the section 14 place planning duty).
• Provide suitable alternative education for children of compulsory school age who are not otherwise receiving it, due to illness, exclusion or another reason (the section 19 alternative provision duty).

This means that the admission authority for a school or academy must consider its admission criteria and published admission number (PAN) in the context of the criteria and PANs of other schools in the area - and the combined impact on available places - before finalising them.

We recommend that trust boards and governing bodies liaise with their LA about any changes being considered to their criteria and PAN, to establish whether these align with the LA's place planning obligations, before proceeding to consultation on those changes.

Sections 62, 63 and 64 are not yet in force. These will take effect via regulations yet to be made, which are expected to coincide with the publication of a revised School Admissions Code during the summer of 2026.

Section 62 - Power to direct admission: extension to academies

Section 62 will extend to academies the existing general power of direction that LAs have in respect of maintained schools, along with the respective right of appeal to the Schools Adjudicator.

The existing power enables a LA to direct a school or academy (but not a special academy) to admit a child - even where the school is full - where the child has been refused admission and/or permanently excluded from every suitable school or academy within a reasonable distance of their home, following prior consultation with the school or academy.

Section 63 - Power to direct admission: additional triggers

Section 63 introduces a new power of direction that LAs may exercise in circumstances to be set out in the anticipated new School Admissions Code. This will allow them to direct a school or academy to admit a child where "a relevant procedure has been invoked", or to admit a previously looked-after child. 

A "relevant procedure" is defined as one established "for the purpose of securing admission to school for children who have failed to secure, or are considered at particular risk of not securing, admission through ordinary procedures".

Exactly how this power will work in practice will not be clear until the new School Admissions Code has been published.

Section 64 - Functions of the adjudicator in relation to admission numbers

Section 64 will give the Schools Adjudicator a new power to determine the PAN for a school or academy, following either an objection (by any person) or a referral by the Secretary of State, where the Adjudicator decides that the PAN does not meet the relevant requirements.

When exercising this power, the Adjudicator may decide the PAN for the relevant intake and for the following intake.

Before deciding on a PAN that is lower than the one currently stated in the admission arrangements, the Adjudicator must consult and have regard to the views of the LA, the admission authority (if not the LA) and the Secretary of State, regarding any alternatives to lowering the PAN.

A PAN determined by the Adjudicator does not prevent the admission authority from subsequently applying for consent to vary it, where the criteria for doing so are met.

Things to be thinking about

The provisions above have been brought about by amending the relevant sections of the School Standards and Framework Act 1998 (sections 96, 97, 86 and 88K, with a new section 88IA).

However, sections 97A to 97B - which set out the separate power of LAs to direct a maintained school to admit a looked-after child - have not been amended to include academies. This means that where a LA is seeking a direction to admit a looked-after child to an academy, it must rely on its general power, including the requirement to demonstrate that every suitable school within a reasonable distance has either refused admission or permanently excluded the child. The process and timeframes differ, and the bar for challenging a direction with the Adjudicator is lower.

The Act does not bring about the previously suggested changes to in-year admission processes - handing co-ordination to LAs in all cases. The current position remains: admission authorities may opt into their LA's scheme if they wish, and if one is offered.

Find out more about The Children’s Wellbeing and Schools Act