School Admissions Code
Debate between Lord Desai and Baroness Evans of Bowes Park
Lord Desai
If there are more complaints, have more staff to deal with them. What is the problem?
Baroness Evans of Bowes Park
What we also want to do is free schools from bureaucracy where possible, while of course making sure that they abide by the rules and are able to focus on delivering high-quality education. We want the adjudicator to be able to focus on the concerns that local parents might have about the admissions arrangements of a school they may genuinely wish their child to attend. That is why we have announced our intention that local parents and local authorities should be able to refer objections about a school’s admissions arrangements.
Let me be clear: this change does not mean that we will ignore concerns raised by campaign groups. These groups can, and do, raise their concerns directly with government and we will continue to encourage that. I agree with the noble Baroness, Lady Massey, and the noble Lord, Lord Taverne, that it is helpful to have others’ views on how schools’ admissions systems are working. I assure noble Lords that officials from the department meet organisations such as the BHA regularly. We welcome the constructive relationship that we have and want it to continue.
We do not believe this change will have a negative impact on compliance with the School Admissions Code. In spite of the large number of objections referred by campaign groups over the past two years, it remains the case that most objections are referred by parents and local authorities. I am aware that concerns have been raised that parents do not have the expertise necessary to refer objections to the adjudicator—but, as I have said, given that a significant proportion of objections that are received now are from parents, this does not seem to be the case in reality.
We want parents be able to refer an objection where the admissions arrangements of their local school feel unfair or wrong to them: for example, if the boundary of a catchment area seems to be have been drawn in such a way as to leave out a particular street, or if admissions arrangements lack key information parents need to be able to understand how they will affect them, such as how “home address” will be defined.
Parents do not need a detailed knowledge of the admissions code to be able to spot such flaws—but, of course, if they felt they wanted to seek the advice of a group or organisation in referring an objection, they would not be prevented from doing so. Again, this change is about supporting parents.
Admissions teams in local authorities, who we intend will still be able to refer objections, have a detailed understanding of admissions law, and they have a legal duty to refer an objection to the adjudicator if they believe that a school’s admission arrangements are unlawful. The noble Lord, Lord Desai, said that the onus would be just on parents. No, local authorities will also have a role. They may be more likely than parents to spot some of the more technical issues which the noble Lord raised, such as failing to include an effective tie-break.
I know that there is also a concern about widespread non-compliance among faith schools—a number of noble Lords mentioned the report, An Unholy Mess. That report was based on a small-scale sample confined to just 43 schools, so it is misleading to say that it is representative of the faith sector as a whole, which comprises some 6,800 faith schools. Of the 43 sets of arrangements that were reviewed, the Office of the Schools Adjudicator found that most of the issues were not related to faith. There was also an issue with the methodology, which did not examine non-faith schools as a comparator.