School catchment areas
Section 86 of the 1998 Act requires Local Authorities (LAs) to make arrangements to enable parents to express a preference for the school where they would like their child to be educated, and to give reasons for that preference. LAs and governing bodies have an overriding duty, except in some specified circumstances, to comply with parents' declared preference, and they should have regard to the reason the parents give for preferring that school (see the 2002 Newham Judgement2), though this may not necessarily lead to the allocation of a place. This may be particularly relevant where a parent has expressed a preference for a particular type of school, for example, a single sex school.
The 1997 Rotherham Judgement confirmed that there is nothing unlawful in the principle of admission authorities operating catchment areas as part of their oversubscription criteria and thereby giving priority to local children whose parents have expressed a preference for the school. In view of an admission authority's duty in allocating places to give priority to parents who have expressed preferences, however, the authority should not guarantee places to parents in a local catchment area, in case the pattern of preferences expressed does not allow this guarantee to be met. Similarly, it should not guarantee places tothose who satisfy any other admission criteria. Nor is it good practice to suggest that parents must express a preference for the school in whose catchment area they live (although LAs should point out in their composite prospectus the consequences of not doing so), or that they have been allocated a place at that school before they have expressed a preference.
School catchment areas - news stories
Top London school adopts lottery (BBC 19 April 2007) View story
A popular girls' comprehensive school in London which was criticised over its admissions system has decided to allocate some places by lottery.
Schools to give places by lottery (BBC 28 February 2007) View story
Places at some secondary schools in Brighton are to be allocated by lottery - the first council to do so.
School admissions rules finalised (BBC 10 January 2007) View story
New rules to ensure greater fairness in how schools in England select their pupils have been published by the Department for Education and Skills.
School admissions under scrutiny (BBC 3 May 2006) View story
MPs have been debating a proposed tightening of school admissions procedures in England, during the committee stage of the education bill.
Lottery of school places backed (BBC 29 September 2005) View story
Ministers have given their support to the allocation of places at over-subscribed schools by lottery.
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