HERTFORDSHIRECOUNTY COUNCIL

CABINET

MONDAY 24 JULY2006 AT 2.00 PM

OBJECTIONS TO THE OFFICE OF THE SCHOOLS ADJUDICATOR (OSA) RELATING TO SECONDARY ADMISSION ARRANGEMENTS IN THE BISHOP’S STORTFORD AREA AND OTHER REFERRALS TO THE OSA

Report of the Director of Children, Schools and Families

Author: Sarah Vize, Senior Manager, Admissions and Transport

01992 555933

1.Purpose of Report

To inform the Cabinet of referrals made to the Office of the Schools Adjudicator relating to admission arrangements for 2007 namely:

(a)objections to arrangements of individual school admitting authorities in the Bishop’s Stortford/Sawbridgeworth area, including referrals by Essex County Council,

(b)objections to the County’s secondary admission arrangements for community schools by Essex County Council and SaffronWaldenCountyHigh School,

(c)objections to the Published Admissions Number (PAN) for Sir John Lawes of 180, which is lower than the Indicated Admissions Number (IAN) of 187,

(d)referrals made by Hertfordshire County Council to individual admitting authorities in Hertfordshire, where the arrangements do not comply with the Looked After Children Regulations (Statutory Instrument 128) 2006.

2. Summary

2.1Following determination of admission arrangements by individual admitting authorities, there have been a number of referrals to the Office of the Schools Adjudicator. These relate to the arrangements for both Hertfordshire County Council and those of other admitting authorities.

2.2The following are the key issues which have been raised in referrals to the Office of the Schools Adjudicator:

  • Non-compliance with the Looked After Children Regulations (Statutory Instrument 128) 2006.
  • The specific arrangements of individual admitting authorities in the Bishop's Stortford/Sawbridgeworth area.
  • Hertfordshire County Council's arrangements for Secondary and Upper Schools (Rule 3, siblings and Rule 5 for Tring VC School), Rule 4 - priority to children of staff, Rule 5 (except Tring VC School) - aptitude criterion included but not used.
  • The Published Admission Number for SirJohnLawesSchool.
  • The Office of the Schools Adjudicator will aim to make a decision within six weeks of receiving an objection.

3.Conclusions

The Cabinet is asked to note and endorse the objections made by the County Council and the responses made to the objections raised by others concerning arrangements for 2007.

4.Background

4.1Admitting authorities within the same Relevant Area may object to the arrangements of other admitting authorities. In addition, neighbouring local authorities, who are consulted as statutory consultees, may also object to the arrangements they were originally consulted on.

4.2Within the School Admissions Code of Practice (CoP) it is recommended that local authorities refer objections to the Office of the Schools Adjudicator if admission arrangements include practices that are stated in the CoP to be poor practice. Local authorities can be held to account by the Local Government Ombudsman if they do not object to such arrangements.

4.3Mindful of Hertfordshire County Council’s approach of wishing to work in partnership with individual admission authorities, a wide range of activities has taken place over the last eighteen months to work with admission authorities to raise awareness of the CoP and to provide guidance and feedback on proposed admission arrangements.

Looked After Children:

4.4During the statutory admissions consultation in 2005, the LA provided guidance and feedback to admitting authorities relating to Looked After Children. Once arrangements were determined in 2005 for admission 2006, despite some admitting authorities not prioritising Looked After Children, the LA decided it would continue to work with schools rather than refer them to the OSA. In the summer of 2005 officers fed back to diocesan representatives and non-faith VA/Foundation schools concerning this plan of working.

4.5In September 2005 all schools and Chair of Governors received a copy of the Hertfordshire Policy and Information folder that contained the Hertfordshire policy statement on the education of Looked After Children and statutory Government guidance, including that relating to admissions.

4.6In autumn 2005 the DfES published “Supporting Looked After Learners” which was circulated to all governing bodies in England during the spring term. Within this the following information was provided with regard to LAC:

The governing body should ensure that “over-subscription criteria meet statutory requirements i.e. that looked after children are at the head of the over-subscription criteria.”

4.7Upon receipt of proposed admission arrangements for 2007 from individual admitting authorities, local managers scrutinised them and provided feedback to individual admitting authorities, in accordance with the CoP and the parameters previously established.

4.8On 22 February 2006, the Looked After Children Regulations came intoforce and all admitting authorities were advised by the LA, that the DfES had informed them that where arrangements did not give priority to LAC, admitting authorities would need to determine arrangements which did so.

First Preference First/Conditionality

4.9The Draft School Admissions Code of Practice of 2005, referred to First Preference First/Conditionality as poor practice, as consideration of a parent’s preference for one school is influenced by the other school(s)/type of school(s) they have applied for. It is understood that despite the draft CoP not being laid before Parliament, the ministerial view is still that conditionality is unacceptable (emphasised by the Secretary of State’s adjudication of several objections to conditionality made during 2005).

4.10Within the Bishop’s Stortford/Sawbridgeworth area, evidence was received during the autumn term from local parents and some schools concerning the operation of such features for admission 2006. Hertfordshire operates an equal preference system of coordination and therefore the local practice in this area by some schools is inconsistent with the County’s arrangements. As a result of this, officers met with individual schools in the area and also the schools collectively in autumn 2005 to signal concerns over such arrangements.

4.11With regard to admissions for 2007, the County Admissions Forum, at its meeting on 23 February, heard from officers who outlined the potential impact of first preference first/conditionality and how this can fetter parental preference. The Forum also heard presentations made by The Leventhorpe School and The Bishop’s StortfordHigh School concerning their reasons for such arrangements. The forum agreed that it would not take any further action for 2007, but agreed to consider that stance for the 2008 proposed admission arrangements especially in the light of any new Code of Practice. The Forum, of course, included representation from the LA.

4.12Because of the County Council’s commitment to work in partnership with schools in Hertfordshire and, where there is potential to work to achieve local solutions to admission matters, this partnership approach is preferred. Mindful of the advent of a revised Code of Practice (draft due to be published autumn 2006), which has been anticipated over a long period of time, it believes this would further support action concerning first preference first/conditionality matters.

4.13It should be noted that The Hertfordshire & Essex High School has removed conditionality from their arrangements for 2007 following the discussions in the Bishop’s Stortford area in autumn 2005.

Published Admission Number less than Indicated Admission Number

4.14The LA published notices for community schools where the published admission number (PAN) was less than the indicated admission number (IAN). Of the 11 notices published relating to community secondary schools, the only PAN to be objected to relates to that for SirJohnLawesSchool. There is a requirement for a minimum of ten parents to object to the OSA regarding a PAN less than the IAN in order for the case to be investigated. As this requirement has been met in relation to thepublished admission number for SirJohnLawesSchool in Harpenden, this case is now being investigated by the OSA.

Referrals to the Office of the Schools Adjudicator

4.15The following table provides an overview of the referrals to the OSA concerning arrangements for 2007. The OSA has notified all parties concerned that the adjudicator will aim to make a decision within six weeks of receipt of the core information; this is subject to the availability of the principal participants. Until the OSA reaches decisions concerning each case, arrangements cannot be considered as final. The adjudicator’s decision will be final and binding on all parties.

Objector / Admitting Authority / Outline of Objection
Parental objection
ADA 000875 / Hertfordshire County Council – Sir John Lawes / PAN of 180, with an IAN of 187
Essex County Council
ADA 000878 / The LeventhorpeSchool / Use of a second application form.
Priority to applicants putting the school as first preference.
Priority to children of staff.
Appeal Arrangements.
Essex County Council
ADA 000879 / Hertfordshire County Council – arrangements for secondary and upper schools. / Rule 3 (and rule 5 for Tring VC School) – priority for siblings of former pupils.
Rule 4 – priority to children of staff.
Rule 5 (except Tring VC School) – aptitude criterion included but not used.
Essex County Council
ADA 001013 / St Mary’s RC School / Use of a second application form.
Priority to applicants putting a Roman Catholic School as first preference.
Priority to children of staff.
Complexity of the arrangements.
Non-Catholic looked after children should have a higher priority.
Essex County Council
ADA 000995 / Hertfordshire & EssexHigh School and ScienceCollege / Priority for looked after children
Use of a second application form.
Priority to siblings of former pupils.
Priority to children of staff.
Complexity of the arrangements.
Essex County Council
ADA 0001017 / The Bishop’s StortfordHigh School / Use of second application form.
Priority to applicants putting a single sex school as first preference.
Priority to siblings of former pupils.
Priority to children of staff.
Complexity of the arrangements.
Admission of more than 10% by aptitude.
The LeventhorpeSchool
ADA 000981 / St Mary’s RC School / Conditionality – the school gives priority to applicants who place a Roman Catholic school highest on the Secondary Transfer Form.
Criterion 6 – children of staff
The LeventhorpeSchool
ADA 000982 / HockerillAnglo-EuropeanCollege / Aspects of the College’s form.
Arrangements for the testing of language aptitude.
Criterion 3 – children of staff.
The LeventhorpeSchool
ADA 000983 / Hertfordshire & EssexHigh School / Criterion No 4 –
Complexity of the arrangements.
Criterion No 3 children of staff.
The LeventhorpeSchool
ADA 000984 / The Bishop’s StortfordHigh School / Conditionality – priority given to applicants who rank a single sex school first.
Criterion 4 – complexity of arrangements.
Lack of clarity of the methods used to calculate distance from Home to School and alternative schools.
Criterion 3 – children of staff.
Essex County Council
ADA 001028 / HockerillAnglo-EuropeanCollege / Use of second application form
Failure to meet the requirements of the Looked After Children Regulations.
Priority to children of staff.
Criterion 5 is neither clear nor objective.
Lack of tie-break mechanism for criterion 4.
Appeal arrangements.
SaffronWaldenCountyHigh School
ADA 001040 / HCC arrangements for Community and VA Schools / Objection to Rule 4 i.e. “Children of Staff permanently employed at the school where the local authority has determined, having regard to the wishes of the governing body, that this is necessary to reduce recruitment and/or retention difficulties.”

In addition, the LA has referred 62 individual admitting authorities in Hertfordshire to the OSA relating to non-compliance with the Looked After Children Regulations 2006 (Statutory Instrument 128). The attached appendix outlines the detail of this.

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