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Further Clarifications on School Admissions Process for Ukrainian Families

New scenarios identified that require further clarification.

While general guidance in relation to school admissions processes for Ukrainian families remain unchanged, a number of new scenarios have been identified that require further clarification:

Admission to Grammar School

We have had some enquiries from grammar schools regarding the appropriate response to requests to admit children from newly arrived Ukrainian families.

While everyone is naturally sympathetic to the situation of refugees, it is important that all requests for admission should be handled consistently. This means that a grammar school must still assess pupils’ aptitude and ability before agreeing to admit, and if the school is full and has a waiting list, there is no automatic priority. Families will have the right to appeal against a decision not to admit.

The object of assessment is to identify whether the applicant will be better placed in a selective school than in another setting, and it is important for their wellbeing and the stability of their education that they should be able to cope with the pace and level of work required in a grammar school.

For Year 7 admissions, where assessment is through tests, candidates may have access to a translation dictionary or app. If there is someone on site (not a family member) who can translate the instructions as necessary, this is also acceptable, but not mandatory. It is not appropriate for anyone to explain the questions.

The same model is appropriate for tests for older children (e.g. CAT), and where they will be joining exam classes, schools will also wish to consider any additional information available regarding prior attainment and subjects studied when considering suitability.

If, on balance, an Independent Appeal Panel feels that the case for admission is stronger than the case for refusing admission, it has the discretion to agree that the school should admit a candidate who has not been assessed suitable, or who has qualified for admission but cannot be offered a place because their year group is full and the school has a waiting list.

It is worth remembering that parents can apply for a grammar school place at any stage in their child’s education. Schools who welcome Ukrainian pupils to Year 6 very shortly before 11+ testing takes place should seek advice from the Admissions team at kent.admissions@kent.gov.uk regarding late testing and late applications to grammar school.

Application outside a child’s expected age group based on their date of birth

There is no legal barrier to children being admitted out of their normal age group, but parents do not have the right to insist that their child is admitted to a particular year. As such parents must gain agreement from the admission authorities of all preferred schools before an application can be made. Admissions authorities and parents must be clear that this agreement is only in relation to a child to applying for a place in a different year group. There is no guarantee that once a parent has secured agreement from a school or schools to be considered for admission in that year group, that they will actually be offered a place for their child. All offers are made in accordance with a school’s oversubscription criteria, which will not prioritise or penalise a child because of their age.

Admissions authorities must take into account the child’s individual needs and abilities and cannot have a blanket policy to refuse all out of year group applications. Schools should meet with parents to discuss how their child will be supported should they start school at the normal time. Teachers are skilled at differentiating the curriculum to meet a diverse range of needs. They may also be able to allay any concerns the parent may have about their child’s readiness for school.

Parents do not have to provide evidence to support their application, however, admissions authorities may struggle to agree where evidence is absent. Admissions authorities should be mindful, however, of the difficulties some Ukrainian families will have in providing this evidence. There should be no expectation on parents to obtain professional evidence that they do not already have.

Parents should be reminded that this process will need to be repeated each time the child changes school. While the guidance prompts schools to be mindful of the age group a child has previously been taught in, they are under no obligation to agree and continue to teach a child out of year.

Once the child has started school, it is for the headteacher to decide how best to educate them. Any future decision to move a child to a different age group should be based on sound educational reasons in conjunction with the parents.

Parents do not have a right of appeal if they have been offered a place and it is not in the year group they would like. However, they may make a complaint about an admission authority’s decision not to admit their child outside the normal age group through the school or authority’s complaints procedure.

Children are assessed when they reach the end of each key stage, not when they reach a particular age. There are no age requirements as to when children must take their GCSEs or other assessments. However, a child ceases to be of compulsory school age on the last Friday of June in the school year they become 16. While the law is changing so that all young people will be required to continue in education or training until the end of the academic year in which they turn 18, young people will have a choice about where they do this.

Schools are funded for the number of pupils they have on roll, regardless of their age.

Ukrainian Families who can continue to access virtual learning from their home school

Where Ukrainian pupils are able to continue accessing learning from their home school and therefore do not wish to go on the roll of a UK school, it will be prudent for them to register as Electively Home Educated. The 1996 Education Act makes clear that it is a parent’s duty to ensure child receives suitable education in accordance with section 7, and so this will allow the Local Authority to ensure they are fulfilling this duty.

This will allow KCC EHE Support and Advice Officers to ensure that suitable access to learning is available as well as highlighting local resources and pathways back in to more formal education if this becomes a requirement in the future.

Schools are advised to contact Andrew.Macey@kent.gov.uk if they become aware of any such cases.