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In Year Variation to admission arrangements

The consultation process
All admission authorities must complete the statutory consultation before 1 March and determine their admission arrangements by 15 April.  They must then notify all consulted parties of the determined arrangements within the next 14 days.  If the Local Authority (LA) has notified the Secretary of State that all admission authorities in the relevant area have consulted each other in the 'qualifying year' (ie  in  2004/05 or any subsequent year), a school which is its own admission authority does not have to consult every year if the following conditions are met:  the governing body is proposing the same admission arrangements as had been determined in the preceding year; and no objection has been made to the adjudicator about the admission arrangements proposed by the governing body in any of the five preceding years.

Variation to determined arrangements
Once admission arrangements have been determined (above), they can only be varied in accordance with section 89 of the 1998 Act and the Regulations made under that section.

Where an admission authority considers that the arrangements should be varied because of a major change in circumstances, that authority must refer the proposed variations to the adjudicator, notifying all the bodies which were or should have been consulted before the arrangements were determined.  A major change in circumstances is considered to be a serious and unexpected event affecting the provision of education at the school.

A request to an adjudicator is not always necessary, for example: where a misprint occurred in the published admission arrangements; where a change in admission number is necessary to implement proposals published under section 19 of the Inspection and Education Act 2006; to give effect to an admission forum protocol, or to comply with a mandatory requirement of the School Admission Code.

Admission authorities should consider very carefully before referring a variation to the Adjudicator and should not do so once parents have been asked to make their decisions, unless a major change in circumstances makes this unavoidable.

Where to I send my referral?

Please complete the form at the bottom of this page and send to:

The Secretary
Office of the Schools Adjudicator
Mowden Hall
Staindrop Road
Darlington      DL3 9BG

The form is currently unavailable online - please contact the office.

The referral to the Office of the Schools Adjudicator signed by Chair of Governors or an LA representative with the required authority.

What happens next?
The adjudicator's office will pass the form to an adjudicator.  He or she will look at the issues raised.  You may then be asked for more information, and the adjudicator may also seek evidence from other sources.  The adjudicator may decide to visit the school(s) and/or convene a meeting (a leaflet is available on the procedure for holding meetings). He or she will then make an independent decision based on:

  • the information received 
  • any further evidence
  • the School Admissions Code, and the relevant legislation
  • other legislation such as on equal opportunities, racial discrimination,disability discrimination and human rights.

The adjudicator will aim to make a decision within six weeks of receiving the core information.

Announcing the decision
The relevant parties to the in-year variation will receive a copy of the decision at the same time.  You can access all decisions by visiting the adjudicators' web-site on:  www.schoolsadjudicator.gov.uk

Challenging the decision?
The adjudicator's decision is final and must be implemented immediately.  It can only be challenged if you apply to the high court for judicial review.  An application must be made within 3 months of the decision date.  You should seek advice from a solicitor before considering this action.  If you are concerned about the procedures used, you may make a complaint through your MP to the Parliamentary Commissioner (Ombudsman).

What if I have an enquiry about an in-year variation?
You can write to the Secretary to the Office of the Schools Adjudicator at the same address as above.  Or you can use any of the following:

T  0870 001 2468
F  01325 391 313
E  OSA.TEAM@osa.gsi.gov.uk

You cannot contact the adjudicator directly .

Further information
You can view a copy of the School Admissions Code at www.dcsf.gov.uk/sacode or purchase a copy from:

TSO
PO Box 29
Norwich
NR3 1EN

T  0870 600 5522
F  0870 600 5533
or online at www.tsoshop.co.uk

You can obtain copies of our leaflets on:

  • in-year variations;
  • parental objections on selection and to the determination of an admission number which is lower than the one indicated by the net capacity formula;
  • objections to school admission arrangements;
  • referrals relating to school organisation issues;
  • procedure for holding meetings, from:

Office of the Schools Adjudicator
Mowden Hall
Staindrop Road
Darlington
DL3 9BG

T  0870 001 2468
F  01325 391 313
E  OSA.TEAM@osa.gsi.gov.uk

Useful contacts
The School Admission Team
Department for Children, Schools and Families
Sanctuary Buildings
Great Smith Street
London     SW1P 3BT

T  0870 0012345

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