School admission services
All academies and schools must have formal admissions arrangements that are fair, clear and objective. These need to be easy for parents to understand and fully compliant with admission law, the School Admissions Code 2021 and other relevant law, such as equality and human rights law.
Admission authority
The admission authority will vary by school, in the case of community and voluntary-controlled schools it will be the local authority, for foundation and voluntary-aided schools it’s usually the governing body, and for academies, it’ll be the Academy Trust.
The responsibilities of a school’s admission authority
The admission authority for the school is formally responsible for:
- Determining the admission arrangements in accordance with the statutory timetable.
- Dealing with applications and requests in accordance with the school’s admission arrangements and the Admissions Code.
- Ensuring admission appeals are arranged and heard in accordance with the School Admission Appeals Code.
When school admission arrangements go wrong
Getting the admission arrangements for a school wrong can lead to objections to the Office of the Schools Adjudicator (OSA). Making mistakes in the application process may lead to successful Admission Appeals which could result in schools having to admit significantly more pupils than they planned for.
Errors in the appeals process can lead to maladministration complaints. Procedural irregularities and incorrect or irrational decisions at any stage could result in Judicial Review proceedings against the admission authority.
What we do...
Our specialist lawyers can provide you with timely and practical advice on any issues you have relating to your admission arrangements, admission applications and requests, and admission appeals. We can support you by:
- Reviewing and drafting admission arrangements, advising on applications and requests, challenging admission in specific circumstances, and responding to objections, directions, etc. including a comprehensive full admission training offer.
- Advising on admission appeals, reviewing prejudice statements, providing a clerking service, and delivering training to admission appeal panel members and clerks.
- Admissions training for governing boards, headteachers and admission officers.
Featured experience
Collaborative approach to the administration of admission appeals
Working with five academies to help them establish a consortium for the administration of their admission appeals to help them move away having to use their local authority’s outsourced service.
Objection to the Office of the Schools Adjudicator (OSA)
Supporting an academy following an objection to its determined admission arrangements lodged with the OSA. Advising on the merits of the objection and preparing the academy’s formal response.
Variation of admission arrangements
Advising an academy on a proposed change to its admission criteria, including drafting the proposed changes and advising on process.
Fair Access Protocol
Successfully challenging a local authority’s approach to placements under its Fair Access Protocol.
Related expertise
Key contacts
Laura Thompson
Principal Associate
Philip Wood
Principal Associate
Joanna Goddard
Legal Director
Testimonials
"While the team have detailed knowledge of the education sector, they consistently take a pragmatic approach that supports the clients understanding and ensures decisions are meaningful. They understand the requirements to such an extent that options, and recommendations, are clear and timely."
"They are effective, efficient and user-friendly."
"Excellent service, all legal support has been excellent quality."
"The Browne Jacobson team is very competent, responsive and knowledgeable and always ready to step in with a solution."
You may be interested in...
Legal Update
Unpacking the new guidelines for alternative provision: Practical steps for education institutions and providers
Legal Update
The rise in schools-based nurseries and the practicalities for growing trusts
Guide
Fair Access Protocols for school admissions: Addressing common issues
Guide
When can schools refuse admission due to challenging behaviour?
Guide
School admission arrangements, applications and requests
Legal Update - Children’s Wellbeing and Schools Bill
What does the new Schools Bill mean for admissions?
Legal Update
Legal views on the Children’s Wellbeing and Schools Bill
On-Demand
Embracing AI in schools: Ensuring accountability, compliance and good governance
Legal Update
When should a school add a pupil to its admissions register?
Press Release
Comments on the publication of Ofsted’s new school inspection handbook
Legal Update
Transgender pupils and single sex schools
Legal Update
Admissions consultations underway: what do you need to know?
Guide
FAQs - converting to academy status
Press Release
Law firm picks up record breaking sixth Education Investor Award
Browne Jacobson’s education team has been named as winner of the ‘Legal Advisors to Education Institutions’ category at the Education Investor Awards 2022 for a record sixth time.
Press Release
Thousands take part in virtual careers event to help increase diversity in the legal profession
Over 3000 young people from across the UK and Ireland took part in a virtual legal careers insight event, aimed at making the legal profession more diverse.
Legal Update
Update on schools admissions
As we start the Autumn term, the first part of the process for changing school admission arrangements can begin.
Legal Update
Browne Jacobson’s market leading Education expertise recognised again in latest Legal 500 rankings
The new set of Legal 500 directory rankings have been published and we are proud to once again be recognised as one of the country’s leading firms advising the Education sector.
Legal Update
A new School Admission Appeals Code for 2022
On 1 October 2022 the School Admissions Appeals Code 2022 (“the Code”) comes into force, replacing the 2012 version and the amendments brought in during the pandemic. The Code will apply to all appeals lodged on or after 1 October 2022.
Press Release
Browne Jacobson’s C-suite exec level coaching team appoints two new education specialists
National law firm Browne Jacobson has grown its team behind its dedicated Space + Time executive coaching programme with the addition of two more qualified coaches who will work with clients in the education sector.
Press Release
Browne Jacobson hosts UK’s largest virtual legal careers event to boost access to careers in law
Press Release
New benchmarking service now available to guide the remuneration of school trust executive teams
The Confederation of School Trusts (CST), as the sector body for School Trusts, today releases a salary benchmarking service for executive roles in School Trusts, in conjunction with partners XpertHR, Cendex and Browne Jacobson.
Legal Update
Covid 19 – changes to arrangements for admission appeals and exclusion reviews
The Department for Education (DfE) has recently published further regulations to amend the operation of admission appeals and exclusion reviews given the ongoing concerns around the Covid-19 pandemic.
Legal Update
Information Tribunal supports school’s position to refuse an FOI request for assessment data of other students
Following the awarding of qualifications based on determinations made by staff at examination centres over the past two years during the Coronavirus pandemic, a number of students and their parents have sought to challenge the awards.
Legal Update
Teacher assessed grades (TAGs) and proposed changes to assessment in 2022
During the summer break, students were issued with their final teacher assessed grades (TAGs) in GCSE, AS, A Level and other qualifications, with the vast majority achieving exceptional grades.
Opinion
A level results: what this means for schools and higher education?
This year’s A Level results have been a resounding success and demonstrate the commitment and resilience of students, schools and school staff during these unprecedented times. However, there will inevitably be some students who are disappointed with the teacher assessed grade.
Legal Update
School Admissions Code 2021 – are you ready for implementation?
On-Demand
School Admissions Code 2021
The School Admissions Code 2021 was recently published by the Department for Education and, subject to parliamentary approval, will be implemented this September. Catch up on the key changes that will impact the way in which your admissions system will need to operate.
Legal Update
be connected newsletter for education - July 2021
In this edition we provide you with the latest in legal updates, news and insight from the sector.
Legal Update
Exam appeals guidance released
The Joint Council for Qualifications (JCQ) this week published the appeals guidance for grades awarded this summer.
Legal Update
School Admissions Code 2021 – what you need to know
The School Admissions Code 2021 (“the Code”) was recently published by the Department for Education (DfE) following a consultation exercise in summer 2020. The Code is currently subject to parliamentary approval, but it will be in force from 1 September 2021.
On-Demand
Grades without exams: getting equality duties right
In the second of our three-part ‘Grades without Exams’ series, we explored the equality issues arising from the process for determining grades without exams in summer 2021.
Legal Update
Gradings without exams – arrangements for the Class of 2021
Assessment arrangements for those due to finish their level 3 studies in 2021 are being finalised at present, to create a system that is deemed to be as fair as possible and to avoid a situation where the grades are felt not to reflect the students’ capabilities and efforts.
Legal Update
Future-proofing your Centre Policy
Exams centres, including schools, have between 12 and 30 April 2021 to develop and submit their Centre Policy. This policy will set out the centre’s approach to assessment and quality assurance during this summer’s teacher assessed grading (TAGs) process.
Legal Update
Preparing to award teacher assessed grades
Schools will now be tasked with reading a vast amount of information to get themselves ready to provide teacher-assessed grades (TAGs) for students following the recent publication of the suite of Joint Council Qualifications (JCQ).
Legal Update
Grades without exams - FAQs
In the absence of exams, the Department for Education (DfE) and Ofqual have confirmed that the 2021 GCSE, AS and A level and vocational and technical qualification grades will be determined by centre assessment.
Legal Update
be connected newsletter for education - March 2021
In this edition we provide you with the latest in legal updates, news and insight from the sector.
Legal Update
Sixth form admissions and over-offering
Following Ofqual’s announcement that GCSE students will be able to take the higher of their Centre Assessed Grades or the standardised grade, sixth forms that made more external offers than they have places have been contacting us about what they can do where they would have many more students in the sixth form than they can accommodate.
Legal Update
Department for Education (DfE) guidance on educational provision during lockdown
The government decision on lockdown and the subsequent Department for Education (DfE) guidance vulnerable children and the children of critical workers and actions for schools to take during lockdown.
Legal Update
be connected newsletter for education - September 2020
In this edition we provide you with the latest in legal updates, news and insight from the sector.
Legal Update
Summer 2020 examination results – Managing student/parental concerns
Following the A-Level and GCSE results being based on centre assessed grades (CAGs) and made available to students, Ofqual updated its guidance on appeals and concerns about malpractice.