School admission appeals code ([2009 ed.])

"The School Admission Appeals Code" ("The Code") should be read alongside the "School Admissions Code" and other guidance and law that affect admissions and admission appeals in England.

This Code came into force on 10 February 2009 and applies to all appeals heard on or after this date.

Where mandatory requirements are imposed by this Code it is stated that relevant bodies 'must' comply with the particular requirement or provision. "The Code" also includes guidelines which the relevant bodies should follow.

This Code is primarily aimed at those responsible for making appeal arrangements and for panel members and the clerk to the panel.

The following bodies have a statutory duty to act in accordance with this Code; admission authorities, governing bodies, Admission Forums, Schools Adjudicators, Admission Appeal Panel Members. "The Code" deals with two separate categories of admission appeals: appeals by parents and, in certain circumstances by children, against a decision as to the school at which education is to be provided for the child; and, appeals by governing bodies of community or voluntary controlled schools against a decision by the local authority, to admit to their school a child who has been permanently excluded from two or more schools.

This Code differs from the previous "School Admission Appeals Code" (issued in January 2008) in four respects: it clarifies that only employees of the local education authority (not the local authority as a whole) are disqualified from serving on Appeal Panels; allows locally elected politicians to attend appeal hearings to support the appellant; clarifies the extent to which Appeal Panels can consider the lawfulness of admission arrangements; and, reflects the new right of children6 to appeal against decisions in relation to admissions from academic year 2010-11.

The Foreword is by the Secretary of State. This book features outline of the statutory basis for the Code; Appeal hearings: constitution; Appeal hearings: procedure; reaching decisions on appeal; further appeals and complaints; and, appeals by governing bodies against local authority decisions to admit twice excluded children.