红桃影视

Councils have accused schools of refusing so many challenging pupils it 鈥渁mounts to selection鈥�, capping cohorts to prevent in-year transfers of vulnerable pupils and wrongly turning away youngsters in care.

Local authorities have reported what they suggest are tactics by schools to skew cohorts to the admissions watchdog as part of annual reports, obtained under freedom of information laws by Schools Week.

The reports detail…

• Schools increasingly refusing in-year transfers of challenging pupils. In Blackpool, an inclusion review has been launched over the practice the council says 鈥渁mounts to selection鈥�
• Councils issuing formal letters to academies they say wrongly refused to admit vulnerable youngsters in care
• Schools accused of 鈥渃apping鈥� their cohort numbers for years 8 to 11 鈥� causing 鈥渢urbulence and pressure鈥� for neighbouring schools forced to take in 鈥渄isproportionate鈥� numbers of children with complex needs

Councils say the problems are leaving more youngsters with complex needs waiting longer for a school place.

But sector leaders say they are being asked to admit so many challenging pupils that it could jeopardise pupil safety, and argue the issues are a consequence of ever-worsening finances and an accountability regime that 鈥渄isincentivises鈥� inclusion.

Meanwhile, councils also stand accused of not understanding their place planning responsibilities, with some authorities failing to provide evidence supporting their claims.

Refusals 鈥榓mount to selection鈥�

Problems relating to in-year school moves involving own admission authorities were 鈥渞aised by most, if not all, local authorities鈥�, the (OSA) revealed in its annual report for 2023-24.

Schools Week has now obtained each council鈥檚 full submission to the watchdog.

Several flagged schools with available places regularly refusing to admit challenging pupils outside the normal admission rounds of reception and year 7.

Schools can refuse to offer a place in-year if they believe the child鈥檚 behaviour is so challenging it would 鈥渋nterfere with other pupils鈥� education or jeopardise the right of staff and pupils to a safe and orderly environment鈥�.

But Blackpool accused some academy trusts of citing the refusal so much it 鈥渁mount[s] to selection鈥�. The area鈥檚 secondaries are all academies.

The council said 鈥渟ome are regularly refusing available places for individual children on grounds of prejudice鈥�, with 鈥渘o specific details鈥� given.

‘Selective citing of the school admissions code’

The authority told the OSA that the 鈥渟elective citing of one element of the [school admissions] code鈥� to refuse in-year applications should 鈥渂e stopped鈥� to 鈥減revent growing selection by citing prejudice for some in-year applicants based on previous behaviour whilst others are offered places鈥�.

In all, Blackpool鈥檚 secondaries refused 52 applications during 2023-24.

A breakdown, obtained through freedom of information, showed Highfield Leadership Academy accounted for more than half (28) of those.

Star Academies, which runs the school, said rejections were because of 鈥渟ignificant behaviour concerns鈥� as these 鈥減upils had been suspended multiple times from their previous schools and had already taken part in behaviour improvement placements 鈥� which unfortunately did not succeed鈥�.

The trust also said it had accepted 86 applications for pupils to join in-year over the same period 鈥� way more than were refused.

The South Shore Academy made 16 (31 per cent) refusals over the same period. The Bright Futures Educational Trust, which ran the school at the time, said it 鈥渃o-operated fully鈥� with admissions arrangements and the 鈥渏oint arrangements with other trusts across the town鈥�.

Admissions 鈥榝riction鈥�

But a spokesperson for Blackpool council said the refusals were 鈥渄isproportionate鈥� and led to inconsistencies in how places for 鈥渃hildren with complex needs鈥� were allocated. It had also created 鈥渇riction鈥� between trusts.

The four trusts that run the area鈥檚 secondaries are now 鈥渓iaising about the situation鈥� after refusal figures were sent 鈥渢o facilitate discussions鈥�, the authority added.

Blackpool warned that if an agreement was 鈥渘ot possible, the council would likely refer all future cases鈥� to the schools adjudicator.

But Star said Highfield was 鈥渙ne of only two under-subscribed secondaries鈥� in Blackpool, meaning it got a 鈥渄isproportionate number of in-year transfer requests鈥�.

鈥淲hile we are committed to inclusion, expecting a small number of schools to admit all vulnerable pupils 鈥� regardless of capacity or context 鈥� is neither equitable nor sustainable. It risks undermining the very support systems these pupils need.鈥�

Council to revise fair access protocol

Blackpool has now appointed an external consultant to lead a 鈥渞eview into inclusion across the town鈥�. It will also 鈥渞evise and re-issue the local fair access protocol鈥�, which 鈥渕anages the admission of challenging children outside of normal鈥� points of entry.

In addition, a new 鈥渕emorandum of understanding will underpin the principles of fair practice and adherence to local agreements regarding admissions鈥�.

Star said last year it refused ten of 93 in-year applications which 鈥渞eflects improved collaboration with partner schools and the use of off-site directions, which allow pupils to be educated at alternative settings while remaining on roll at their original school鈥�.

Richard Sheriff, CEO of Red Kite Learning Trust, said councils are under 鈥渆normous pressure鈥� to find 鈥渟o many children placements鈥�.

But sometimes this is 鈥渁t odds鈥� with schools 鈥� whose priorities are 鈥渢o run a good school, survive the next Ofsted inspection. They both want the best for children, but have different and competing priorities.鈥�

He also added this has 鈥渁ll become worse鈥� with financially enforced cutbacks.

鈥淪ome of the flexibility we had to accommodate in-year admissions has disappeared. Schools are more likely to push back because they don鈥檛 feel they have the capacity to cope with the additional pressures of extra children coming in mid-year.鈥�

Children in care refused places

Many councils reported more schools refusing in-year applications.

In Suffolk, in-year refusals of children deemed to have challenging behaviour rose to 62 in 2023-24, up from 33 the year before.

Pupils refused places have to enter fair access panels to identify a school place. But these can take months to resolve, with the OSA reporting more children who were out of school for at least four weeks referred.

Norfolk also said it had seen 鈥渁n increase in the number of schools refusing to admit鈥� looked-after children 鈥渁t first request鈥�.

Expecting a small number of schools to admit all vulnerable pupils is neither equitable nor sustainable

Non-faith schools cannot cite the behaviour exemption for these pupils, but some 鈥渄id not always understand they are required to admit鈥�, the council added. However, it would not provide further details.

The East Riding of Yorkshire council also noted 鈥渟ignificant delays鈥� in finding places for looked-after children in 鈥渟ome Hull and Bradford academy secondary schools鈥�.

The council would not name the schools, saying there was 鈥渘o lawful basis for the disclosure鈥� or 鈥渘o wider requirement or pressing need for transparency鈥�.

Meanwhile, Nottingham has had to send five formal letters threatening further action to academies that refused places for looked-after children. 

Councils lack direction powers

Councils have no powers to direct an academy to admit a pupil 鈥� instead they must ask the secretary of state to intervene.

Helen Frost-Briggs, the executive headteacher of John Flamsteed in Derby and one of the schools receiving a letter, said it adheres 鈥渢o all local and statutory admission protocols鈥�.

The other four schools did not respond.

In Leeds, council officers have also expressed concern that the government now asks to see a child鈥檚 care plan whenever a request to direction admission to an academy is made.

This is 鈥渋rrelevant and intrusive鈥� to pupils in care and 鈥渕ay not support the admission code process to achieve a swift admission for a child with the highest priority鈥�, the council said.

More than 100 local authorities found in-year admissions to secondary schools had become more challenging in 2023-24, up from 72 the year before.

Pepe Di鈥橧asio, the general secretary of theAssociation of School and College Leaders, said it was 鈥渋mportant local authorities and schools work well together over admissions鈥�.

But everyone was 鈥渦nder pressure because of lack of funding, and multiple expectations from every direction. It is likely that these factors play a role when problems arise.鈥�

Admission 鈥榗aps鈥�

Finding youngsters places through fair access panels is disrupted by schools 鈥渃apping鈥� their cohort numbers for year groups outside the normal points of entry, councils said.

The OSA said councils had 鈥渄escribed difficulties caused by schools choosing to reorganise their class structure鈥� to address financial issues, resulting in fewer pupil places鈥�.

Suffolk said 鈥渟everal鈥� secondaries had decided to operate above their year 7 published admission numbers (PANs). But, from September, they 鈥渞evert back to their determined鈥� admission number, which, among other things, will 鈥渕inimise in-year鈥� moves.

This was because the schools were 鈥渕ore likely鈥� to refuse moves on the grounds 鈥渢he admission of another child would prejudice the provision of efficient education or 鈥� use of resources鈥�.

The council said there 鈥渄oes not appear to be any justification for this when the school will have staffed and organised for the number of students they initially agreed they could take鈥�.

Trust ‘refuses to compromise on quality of education’

The authority named three schools responsible for this in 2023-24. Two are part of the Hartismere Family of Schools, which allocated up to 55 places over PAN.

The trust did not respond to our requests for comment.

Surrey named 54 schools that used this approach this year, 20 of them local authority-maintained. Of the 34 academies, six were run by GLF Schools.

A trust spokesperson said it 鈥渞efuse[s] to compromise on the quality of education we offer, and so will occasionally implement caps to year groups where we do not have sufficient staffing capacity to accommodate additional pupils鈥�.

Dan Morrow, the chief executive of the Cornwall Education Learning Trust, said such limits were also put in place to keep schools from falling into deficit.

A 鈥渘umber of local authority schools have funded deficits 鈥� [which are] propping their class structures up鈥�, allowing them to take on more pupils in-year.

Refusing schools 鈥榗ause turbulence鈥�

But Suffolk said the practice could lead to 鈥渢urbulence and pressure鈥� in neighbouring schools forced to admit a 鈥渄isproportionate鈥� number of such children.

Blackburn with Darwen council reported 鈥渟ignificant challenge鈥� caused, in part, by 鈥渟ome schools reducing their admission number鈥� for years 8 to 11.

It said schools have had to 鈥渕ake difficult choices鈥� because of the 鈥渃hallenging financial climate鈥�. But it had 鈥渄iscussed the ongoing reduced capacity issues鈥� at Aldridge Education trust, which runs four schools in the area, with the DfE.

Figures obtained through FOI show admission numbers across two of the MAT鈥檚 schools were up to 66 places lower than their original PAN.

An Aldridge spokesperson said it had 鈥渁 responsibility to manage resources carefully and ensure value for money鈥�, with decisions on class structures based 鈥渙n exiting and expected student numbers, staffing and budget planning鈥�.

The trust 鈥渃ontinue[s] to work closely鈥� with the council and DfE 鈥渢o support in-year admissions and fair access placements, ensuring all students are placed appropriately and supported effectively鈥�.

Schools reduce admissions

Central Bedfordshire said caps could create 鈥渁 lack of school places in areas of need and have transport implications for the authority鈥�.

鈥楽erious concerns鈥� as children in care refused places at Catholic schools

In Somerset, 90 children who had moved to the area had to go through fair access panels because most were in Taunton where all four secondaries were at capacity for 鈥渁ll year groups with the exception of year 7鈥�.

Two 鈥渞educed their admission, making them full鈥� and did so again for 2024-25, the council said.

The authority said in some cases limits 鈥渁re reduced by only a very small number鈥� that have 鈥渘o effect鈥� on resources. This made it think 鈥渢his is purely for the purpose of being able to refuse applications鈥�.

Blackdown Education Partnership, which runs Castle School in Taunton, said it was 鈥渙ver its PAN鈥� in every year group and had more pupils than its published capacity. But it 鈥渃an鈥檛 continue to admit over PAN鈥�. The school is working with Somerset to 鈥渇ind a solution to the excessive demand鈥�.

The other schools did not respond to request for comments.

Council 鈥榤isconceptions鈥�

Morrow argued that 鈥渘o one wants to not allow children to be admitted, but we are funded on pupil numbers. A number of us have changed our models to accommodate falling rolls in a way that鈥檚 strategic and planned. [Admission teams] holding us to PANs which are then out of date becomes really counter-productive.鈥�

Samira Sadeghi, the Confederation of School Trusts鈥� director of governance, said there were a 鈥渘umber of misconceptions held by local authority staff about how school places operate鈥�.

The OSA has even criticised councils for 鈥渆rroneously referring to the PAN in year groups other than the normal years of entry or to 鈥榳orking PANs鈥�, a term which 鈥� has no basis in law鈥�.

Adjudicators have determined 鈥渢hat seeking to apply an admission number to any year group other than the normal year of entry 鈥� is contrary to the [admissions] code鈥�.

Calls for admission limits for other year groups

Councils have called for admission limits to be set to other year groups 鈥渢o enable in-year admissions to function more effectively鈥�. But the OSA said it could not support this unless the admission code was changed.

Councils raised other concerns in their statutory annual admission reports, but were unwilling to evidence their claims.

Haringey pointed to 鈥渁necdotal evidence鈥� of so-called 鈥渃herry picking鈥�. Bournemouth, Christchurch and Poole council reported 鈥渁 number鈥� of academies 鈥渨ill not offer places to children for whom there is no information regarding behaviour at previous schools available鈥�.

Others insist on families visiting their schools for a meeting before offering them a place, despite the authority advising them 鈥渢hese practices are not compliant with the school admissions code鈥�.

And in Suffolk, authority chiefs are 鈥渟eeing a growing number of parents/carers who apply for a primary school place, claiming to be 鈥榬efused鈥� verbally rather than in writing鈥�. But the councils refused to provide further information.

Will school bill plans solve problems?

Jon Andrews, of the Education Policy Institute, said some of Labour鈥檚 proposals under the schools bill 鈥渕ay go some way to address some of these issues鈥�.

The introduction of a single unique identifier for all children and a compulsory register for those not in school would mean that pupils who 鈥渁re missing out will be identified鈥�.

Meanwhile, the government is also planning to give councils the power to direct academies to admit a pupil to ensure unplaced and vulnerable children secure a school place quickly.

A new duty for schools and councils to co-operate on admissions will be introduced, with the education secretary able to 鈥渋ntervene鈥� if relations break down.

Baroness Amanda Spielman, the former chief inspector, speaking in the House of Lords on Tuesday, said: 鈥淭here is an obvious incentive for local authorities to use this power to offload the most difficult children.鈥�

This would 鈥渓eave academies to shoulder a disproportionate responsibility for the most difficult and even dangerous children, and to inflict the greatest risk on the other children and staff in those academies鈥�.

Bill will allow councils to ‘reduce delays’

However, Jacqui Smith, the skills minister, said the move would enable councils to 鈥渞educe delays in securing vulnerable children a school place鈥�.

Currently, it takes 38 days for the secretary of state to decide on an admissions direction for an academy.

鈥淭hat is a long time for a vulnerable child to be without a school place,鈥� she said.

Under Labour鈥檚 plans, the DfE鈥檚 regional directors will also be able to issue compliance orders where academies are not meeting or 鈥渁cting unreasonably鈥� in relation to their legal duties, including over admissions.

But Sadeghi said academy trusts and councils 鈥済enerally work closely together on school admissions鈥�. She pointed to findings in the OSA report showing 鈥渁 very strong consensus that the annual admission rounds work well鈥�.

Despite this, Carl Cullinane of the Sutton Trust said Labour鈥檚 changes could be 鈥渢ransformational in tackling segregation 鈥� and making admissions more inclusive鈥�. Currently, this was 鈥渓eft to the goodwill of individual school and MAT leaders 鈥� to take the lead鈥�.

鈥淭hese are tentative steps, we want to see the government take bold strides 鈥� with a school accountability system that reduces disincentives to do so.鈥�

However, Mark Boylan, a Sheffield Hallam University professor of education, said small changes to a school鈥檚 intake could make 鈥渜uite a big difference to Progress 8 scores. You can鈥檛 really try and put right admissions policy unless you address accountability measures.鈥�