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Chapter 10 pupil admissions of guide for school governors

This chapter explains open enrolment policy and the legislation including the duties and responsibilities of the Board of Governors that relates to the admission of pupils to mainstream schools. It also explains the Department's policy on transfer from primary to post primary education and how this has been delivered under Open Enrolment.

In this chapter:

Role of the Board of Governors
The role of the Board of Governors is to make arrangements for the admission of pupils to the school and approve the criteria to be applied when the school is oversubscribed. The Board of Governors must ensure that these arrangements comply with the timetables issued by the Department of Education (DE) and all appropriate legal requirements.

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Open enrolment policy

10.1. The policy of open enrolment enables parents to express their preferences for the schools that they wish their children to attend and enables schools to meet those preferences within the limits of their approved enrolment and admissions numbers. Where a school receives more applications than it has places available, it must select between applicants on the basis of the school’s published admissions criteria. The criteria must therefore be capable of selecting between pupils down to and including the last available place.

Policy on transfer from primary to post primary education

10.2. The affects of academic selection have been to transfer primary pupils from advantaged socio-economic groups disproportionately into grammar schools, whilst disproportionately transferring primary pupils from disadvantaged socio-economic groups into non-selective schools. This inequity within assessment-based transfer is compounded by demographic decline to the extent that non-selective schools are also burdened, almost exclusively, by the pressures and threats of demographic decline – namely shrinkage and unsustainability. The cessation of academic selection is required to start to address this unacceptable inequality.

10.3. The Department’s policy is to support the use of non-academic admissions criteria and it has published guidance on this for schools. This guidance includes reference to a recommended Free School Meal Entitlement (FSME) admissions criteria as a complementary measure to address directly this inequality. This recommended criterion is designed to ensure that FSME applicants gain admission at a rate proportionate to their rate of application.

Roles and responsibilities

Department of Education

10.4. DE is responsible for the open enrolment policy and legislation which includes the arrangements for the transfer of pupils from primary to secondary education. A policy document providing guidance on the process of transfer from primary to post-primary education from September 2010 was published on 5 July 2010. This guidance confirms that DE no longer provides a test for the purpose of this procedure because academic selection is inconsistent with the objective of treating all children fairly and giving each child the opportunity to reach his/her full potential. It also gives advice on post primary school admissions criteria and the operation of the transfer procedure. This guidance and interim guidance on the transfer procedure arrangements for this year is available on the DE website; the weblinks are listed at the end of this chapter.

10.5. DE continues to approve, as required by law

  • an enrolment number for each nursery school; and
  • an enrolment and an admissions number for each primary and post primary school for each school year.

These numbers are approved after consultation with the Board of Governors, the local education and library board and in the case of catholic maintained schools with the Council for Catholic Maintained Schools (CCMS).

10.6. DE is required to calculate the enrolment number having regard to the legal standards relating to school premises and the teaching accommodation available for use by pupils at the school. In the case of a nursery school, the extent to which full time or part-time education is to be provided is also taken into account. The approved enrolment number determines the maximum number of pupils who may be enrolled in the whole school in any school year.

10.7. The admissions number is calculated on the basis of the enrolment number and the number of year groups in the school and in the case of primary schools the statutory limits on class size limits in the Foundation Stage (Years 1 and 2) and Key Stage 1 (Years 3 and 4). For information on class sizes in Years 1-4 see DE Circular 2010/11 PDF 1.49 MB. The approved admissions number determines the maximum number of pupils in the normal age group who may be admitted, that means to Year 1 in a primary school or to Year 8 (Form 1) in a post-primary school.

A monitoring exercise in relation to class sizes in Foundation Stage and Key Stage 1 highlighted that a small number of schools had class sizes in excess of the statutory maximum for pupils in Foundation Stage and Key Stage 1. As a result, the Department issued DE Circular 2011/01 PDF 97 KB, to remind schools about their statutory duty to restrict class sizes in Years 1-4 to a maximum of 30 pupils.

10.8. The Board of Governors may apply to DE for a temporary variation in either its enrolment number or its admissions number, other than for children under compulsory school age applying for admission to a primary school. DE considers each request on its merits after consultation with the relevant education interests.

10.9. The flexibility for temporary variations can be useful in resolving short time pressures on places in a particular area. However, it can lead to a school’s actual pupil enrolment being significantly greater than its accommodation-based enrolment as calculated by DE. In such situations, DE considers general enrolment trends and begins to bring the school’s enrolment back into line with the numbers appropriate for the school.

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Education and library boards

10.10. The education and library board must make arrangements to enable parents to express their preferences for the schools that they wish their children to attend. Information is published for each school year about the particulars of the arrangements for the expression of parental preferences and for the admission of pupils to schools. The particulars must include in relation to each school

  • the school’s enrolment and admissions numbers; and
  • the criteria which the school will use to select children for admission in the event of the school being oversubscribed with applicants.

This means that admissions criteria must be drawn up and approved by school Boards of Governors very early in the first term of the school year for publication in accordance with the timescales included in the open enrolment circulars mentioned in paragraph 12.

10.11. The education and library board is required to make arrangements to facilitate the establishment and operation of Independent Admissions Appeals Tribunals. These tribunals hear, consider and take decisions on parental appeals against the decision of a school not to admit their child. An appeal can be made only on the basis that the school’s admission criteria were not applied or were not correctly applied and that under the correct application of the criteria, the appellant would have been admitted. (Also see paragraphs 33 and 34 about appeals regarding exceptional circumstances cases).

School boards of governors

10.12. The Board of Governors has a statutory duty to make arrangements for the admission of children to its school. Detailed information about the operation of open enrolment including a timetable is contained in the DE Circulars

Boards of Governors and principals of primary and post primary schools are also required to 'have regard' to the Department's guidance on post-primary transfer policy which applies from September 2010. The term 'have regard' is explained within the Guidance.

10.13. It is important that schools adhere to the timetable for the open enrolment processes. Governors should also be aware of their obligations to verify applicant information in cases where there is general knowledge or belief of a problem with applicant information. Further information is available within the DE Circulars listed above.

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Duties of school boards of governors

Compliance with parental preference

10.14. Under open enrolment, the Board of Governors is required to admit all pupils whose parents have expressed a preference for their children to be educated at the school but only where the number of applicants does not exceed the schools’ approved admissions number.

10.15. The Board of Governors of a primary school is permitted to vary its approved admissions number within the limits set out in paragraph 26 of DE Circular 2010/11, provided the variation can be contained within its approved enrolment number. Any other variations are subject to the prior approval of DE.

Compliance with DE admissions and enrolment numbers

10.16. The Board of Governors has a legal obligation under Article 10(2) of the Education (NI) Order 1997 not to admit children in excess of the admissions and enrolment numbers approved by DE for the school. Also, it must ensure that the number of registered pupils at the school at any time does not exceed the school’s admissions or enrolment numbers.

10.17. When calculating the number of registered pupils admitted to the school for this purpose, any pupil admitted in compliance with the direction of an appeal tribunal, a direction of an education and library board (see paragraph 19) or a school attendance order should not be counted in relation to the school’s admissions or enrolment numbers for the year in which they are admitted. They are counted for subsequent years. Pupils with a statement of special educational needs are not counted within a school’s admissions and enrolment numbers at any stage.

Compliance with a school attendance order

10.18. The Board of Governors is required by law to admit a child in compliance with a School Attendance Order where the school is named in that order as the school that the child should attend.

Compliance with a direction of an education and library board

10.19. An education and library board has the power under Article 42 of the Education (NI) Order 1996 (after consultation) to direct a school to admit a child in its area, when the child has been expelled from another school or has been refused admission to the other schools within a reasonable distance from the child’s home. The Board of Governors must by law comply with the direction.

Compliance with a statement of educational needs

10.20. When an education and library board makes a statement of special educational needs for a child, it must comply with the parents’ preference of school, unless the school is unsuitable for the child or the placement would be incompatible with the efficient education of the other children with whom the child would be educated, or with the efficient use of resources. Before naming a school in the statement, the education and library board must consult the Board of Governors. However, once a school is named in the statement, the Board of Governors must by law admit the child.

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Admissions criteria

10.21. When the number of applications for admission to a school exceeds the places available at the school, the places must be allocated using the school’s admissions criteria. The Board of Governors is required to draw up, and may from time to time amend, the criteria to be applied in selecting children for admission when the school is oversubscribed.

10.22. When drawing up or amending the criteria, the Board of Governors of a controlled school must consider any representations made to it by the education and library board. In the same way the Board of Governors of a Catholic maintained school must consider any representations made to it by CCMS.

10.23. The admissions criteria must

  • be capable of selecting between pupils down to and including the last available place;
  • provide for all children resident in the North of Ireland at the time of their proposed admission to be selected for admission before any child not so resident.

10.24. The criteria for nursery and primary admissions must be compliant with

  • the Pre-School Education in Schools (Admissions Criteria) Regulations (NI) 1999 which apply to nursery schools and nursery classes in primary schools;
  • the Primary Schools (Admissions Criteria) Regulations (NI) 1997 which apply to all primary schools.

10.25. The Board of Governors of all post primary schools must 'have regard' to the content of the Department’s guidance on post-primary transfer and in particular the recommendations relating to admissions criteria. The Secondary Schools (Admissions Criteria) Regulations (NI) 1997 (SR 1997 No 439) no longer apply to post primary admissions.

10.26. Once published the criteria cannot be amended without the specific approval of the Department.

10.27. It should also be noted that the admissions criteria used by a post primary school for selecting between applications from pupils in other post primary schools, will be different from the criteria to be used for selecting between applications from pupils transferring from primary education. Further information about these legal requirements is contained in the DE Circular 2010/12.

Delegation

10.28. Many of the Board of Governors’ responsibilities relating to admissions (including the drawing up and application of the admissions criteria) may be delegated to an Admissions Committee but the admissions criteria itself should be agreed and approved by the Board of Governors before it is published and applied.

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Refusal to admit a pupil

10.29. For admissions to year groups other than the normal years of admission to primary schools and post primary schools at Years 1 and 8, the Board of Governors may refuse to admit a child to the school in cases where it is considered that admission would prejudice the efficient use of resources. In doing so, it should be noted that the Board of Governors could be required to provide evidence to support its decision in the event of a parental complaint. DE has established a parents’ complaint process to consider the reasonableness of a school’s use of this option. DE issued revised guidance to schools on the complaints procedure in 2010 and a copy can be accessed via the Department's website or by telephoning:

School Access Team on
Telephone local: 028 9127 9326
Telephone international: +44 (0)28 9127 9326

10.30. The Board of Governors of a grammar school should note that the provisions in the open enrolment legislation which permitted them to refuse a child admission to the school on the grounds that

  • it would be detrimental to the educational interests of the child; or
  • the academic ability of the child is not of a standard equivalent to that of the pupils with whom he or she would be taught,

have been repealed. This means that with effect from the admissions process in 2010 onward, grammar schools will no longer have the power to refuse admission on these grounds.

Publication of information

10.31. The Board of Governors must publish the information required by the School Information and Prospectuses Regulations (NI) 2003 not later than six weeks before the date by which parents must express their school preferences. The information for a nursery school must include

  • the arrangements for the admission of pupils to the school;
  • the school’s admissions criteria; and
  • the arrangements for parents of prospective pupils to visit the school.

The information for a primary or a post primary school must include

  • how parents can obtain copies of the ELB booklets about the arrangements for the admission of pupils to schools;
  • the arrangements for parents of prospective pupils to visit the school; and
  • the number of pupils who applied and the number admitted to the school in the previous three years.

More detailed guidance about the information required to be published by school Boards of Governors is in DE Circular 2003/15 Education (School Information and Prospectuses) Regulations (NI) 2003 PDF 49 KB.

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Appeals against admission decisions

10.32. Parents may appeal to an independent tribunal against the decision of a Board of Governors to refuse their child admission to the school, on the grounds that the school’s admissions criteria were either not applied, or were not applied correctly and if they had been correctly applied the child would have been admitted to the school. If the tribunal finds in the parents’ favour, it will allow the appeal and direct the Board of Governors to admit the child to the school. The Board of Governors has a statutory duty to comply with the direction given by the tribunal.

10.33. Parents may also submit an application to the Exceptional Circumstances Body (ECB) in situations where their child has not been admitted to the school and they consider that, for exceptional reasons, he/she must attend. This facility is available only in respect of admissions to post-primary schools (Years 8-12). The Board of Governors of the school specified in the application form will be afforded the opportunity to provide written or oral representation to the panel hearing a case, but it is not obliged to do so. Hearings may proceed regardless of whether or not the Board of Governors comments on an application.

10.34. In respect of all of the applications that it hears, the panel will decide either

  • that the child who is the subject of an application does have exceptional circumstances that require his/her admission to the post-primary school that his/her parents have specified. If this is the case, the panel will direct the specified school to admit the child; or
  • that the child who is the subject of an application does not have exceptional circumstances that require his/her admission to the post-primary school that his/her parents have specified. If this is the case, the panel will not direct the specified school to admit the child.

Additional information

Duty on Parents

10.35. The parents of children of compulsory school age are required by law to ensure that their children receive full-time education suitable to their age, ability and aptitude and to any special educational needs that they may have, either by regular attendance at school or otherwise. The education and library board is responsible for ensuring that parents carry out this duty.

School starting age

10.36. Where a child reaches the age of four on or between 1 September and 1 July in the same school year, the child has to start school at the beginning of the next school year. Where a child’s birthday falls on or between 2 July and 31 August in the same calendar year, the child has to start school in the September immediately after his fifth birthday. All pupils must complete 12 years full-time education at school.

Age of transfer from primary to secondary education

10.37. A pupil with an eleventh birthday on or between 1 September and 1 July in the same school year must transfer to a post primary school with effect from the start of the next school year. Where a pupil’s eleventh birthday falls on or between 2 July and 31 August in the same calendar year, he or she must transfer to a post primary school with effect from the start of the school year following his or her twelfth birthday. The Board of Governors of a pupil’s primary school may decide whether a pupil should transfer to post primary education a year earlier or a year later than the normal age; details of these arrangements are contained in DE Circular 1996/24 PDF 218 KB.

Transfers between schools

10.38. Parents may apply to transfer their child to another school at any stage of the child’s compulsory education. Such applications arise from time to time due to a variety of different circumstances, including a relocation of the family home. Also, a pupil over compulsory school age may apply for admission to a different school to undertake A level studies.

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The law

Primary legislation

Education (NI) Order 1996 - Article 16(5)(b) and the Special Needs Code of Practice, paragraph 4.44
(statement of educational needs)

Education (NI) Order 1996 - Article 27(4)
(school attendance order)

Education (NI) Order 1996 - Article 42
(direction by ELB to admit child to specified school)

Education (NI) Order 1997 - Articles 9 to 13 & 15 to 17
(admission of children to grant-aided schools)

Education (NI) Order 1998 - Articles 22 to 33
(admission of children to pre-school education at grant-aided schools)

Education and Libraries (NI) Order 2003 - Article 21
(amends Article 23 of the 1998 Order)

Education (NI) Order 2006 - Article 27
(admissions to grammar schools)
Note: this repeals Article 14 and amends Article 13 and15 of the 1997 Order

Education (NI) Order 2006 - Article 28
(admissions criteria)
Note: this replaces Article 16 of the 1997 Order and applies to admissions in the 2010/2011 school year onwards

Education (NI) Order 2006 - Article 29
(admissions to secondary school: exceptional circumstances)
Note: this also applies to admissions in the 2010/2011 school year onwards

Education (NI) Order 2006 - Article 30
(guidance as to admissions)
Note: this makes provision for the issue of admissions guidance to which Boards, schools and appeal tribunals must have regard

Subordinate legislation

Pre-School Education in Schools (Admissions Criteria) Regulations (NI) 1999
(SR 1999 No 419)

Primary Schools (Admissions Criteria) Regulations (NI) 1997
(SR 1997 No 438)

The School Admissions (Exceptional Circumstances) Regulations 2010
(SR2010 No 19)

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Guidance

DE Circular 1996/24 Transfer to post primary education other than at the normal age
http://www.deni.gov.uk/guidance_on__the__arrangements_for_the_transfer_of_pupils__from_primary_to_secondary_education_other_than_at_the_normal_age-3.pdf PDF 218 KB

DE Circular 2003/15 Education (School Information and Prospectuses) Regulations (NI) 2003
http://www.deni.gov.uk/2003-15.pdf PDF 49 KB

DE Circular 2007/13
http://www.deni.gov.uk/circular_2007_13_-_open_enrolment_in_primary_schools-3.pdf PDF 160 KB

Equality Commission Code of Practice, Disability Discrimination – Code of Practice for Schools
http://www.equalityni.org/archive/pdf/FSchoolsCOP(SENDO).pdf PDF 761 KB

Guidance to primary school principals, post-primary schools’ boards of governors and principals, and education and library boards on the process of transfer from primary to post-primary school from September 2010
http://www.deni.gov.uk/post_primary_transfer_policy_from_september_2010__bilingual__pdf234kb.pdf PDF 234 KB

DE Circular 2010/10 Open Enrolment in Nursery Schools
http://www.deni.gov.uk/circular_2010-10_-_open_enrolment_in_nursery_schools_arrangements_for_september_2011_admissions_pdf_1.31mb.pdf PDF 1.31 MB;

DE Circular 2010/11 Open Enrolment in Primary Schools
http://www.deni.gov.uk/circular_2010-11_-_open_enrolment_in_primary_schools_arrangements_for_september_2011_admissions_pdf_1.49mb.pdf PDF 1.49 MB; and

DE Circular 2010/12 Open Enrolment in Post Primary Schools
http://www.deni.gov.uk/circular_2010-12_-_the_procedure_for_transfer_from_primary_to_post-primary_education_2011-12_pdf_2.62mb.pdf PDF 2.62 MB.

DE Circular 2011/01 Class Sizes for Pupils in Years 1 – 4 (Foundation Stage and Key Stage 1)
http://www.deni.gov.uk/circular_class_sizes_foundation_and_key_eng_ver.pdf PDF 97 KB

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