Admissions policy & practice takeaways from the School Adjudicators’ Report

The Office of Schools Adjudicator Annual Report was issued towards the end of July 2025. It reviews the work of the Office of the Schools Adjudicator (“OSA”) during 2024, and considers some of the key themes the OSA has seen when considering its work on school admissions and compliance with the School Admissions Code 2021. 

The report is useful for admission authorities, as it highlights key compliance issues arising from complaints about admission arrangements which the OSA has dealt with as well as views on how the admission system is working in general. These may be important considerations for admission authorities as attention is focused on whether changes may be needed to admission policies, and the need for consultation during the Autumn Term in accordance with the requirements of the School Admissions Code 2021.

The following points may be useful takeaways from the OSA Report:

• Within primary school admission arrangements, there continues to be confusion between deferred entry (paragraph 2.17 of the Code) and delayed entry (paragraphs 2.18–2.20). Deferred entry allows parents to choose that their child does not start school on a full-time basis in September of the reception year, but the child must start school before the end of that reception year. It is a parental right and needs to be recorded as such within admission arrangements; it is not something that is dependent on any agreement from the school. Delayed entry is where parents request a placement out of year group, i.e. where the child is summer born and instead of starting school with their chronological peers, they wish to start an academic year later. It is for the admission authority to make a decision based on the child’s best interests. The process of admission authority decision making about such requests needs to be set out in the admission arrangements.
• Not all admission arrangements are accurately reflecting the top priority required for looked-after and previously looked-after children. The definition applied under the 2021 Code to previously looked-after children was extended, and it is open to admission authorities to use the clear wording from the Code to ensure compliance within their own arrangements.
• The OSA has seen a rise in the number of requests for variations to admission arrangements during this period, and many of these have related to requests to reduce the published admission number (PAN) in primary schools, due to lower numbers of children coming through. The timing of such requests is an issue for the OSA, with a view being given that the closer the date of the variation request to National Offer Day, the less likely it is to be approved given the potential detrimental impact on parental preferences for places. The OSA position reflects the Department for Education (DfE) position within the “significant changes to academies” guidance around the timing of changes, which may have implications for admissions, and so it is necessary for admission authorities to carefully consider the timing of requests at an early stage of the process.
• The OSA noted that the number of cases it dealt with around directions was much higher than in previous years and related mainly to admission refusals by academies in the secondary sector. The data shows that the majority of OSA decisions were in favour of the child being admitted to the academy. This may, in part, relate to the fact that a large number of cases that went to the OSA related to looked-after children, and the need for schools to show that there would be “serious prejudice” to the provision of efficient education if the child was admitted. This is a high threshold for academies to be able to evidence.
• The issues arising around special educational needs are having an impact on the admissions system. Some comments made by local authorities include impacts arising from increased numbers of requests for an education, health and care (EHC) needs assessments, insufficient special school places being available, and increased parental demands for such provision. Delays within the Special Educational Needs and Disabilities (SEND) framework around annual reviews for phase transfers also have consequential impacts when decisions on naming schools are not made prior to the 15 February deadline, and this can impact the allocation of places at schools on National Offer Day. It can result, in some cases, of schools having to go “over number” to accommodate children with EHCPs. It is reported that there has been increased “pushback” from schools around EHCP admissions.
• The OSA reports on the continuing misuse of PAN by local authorities. The PAN for a school only applies to the normal point of entry; it does not apply to other year groups. Therefore, to determine the availability of places in other year groups, the sole test to be applied is whether the admission of additional children would cause prejudice to the provision of efficient education or the efficient use of resources.
• In relation to the selection of schools for looked-after children, the OSA noted that DfE guidance published in 2018 suggested that schools rated by Ofsted as outstanding or good should be prioritised. Given the change of approach by Ofsted in relation to the grading of schools, the OSA has invited further guidance from the DfE to clarify this issue especially in circumstances where there continues to be issues arising around the admission of looked-after children.
• The OSA also reported areas of poor practice that were brought to its attention by local authorities. This primarily related to in-year admissions and concerned pre-admission meetings held to put parents off from making applications, or making it clear the school could not meet their child’s needs, or delaying admission decisions beyond the time limits set out in the School Admissions Code 2021. There were a number of comments made by local authorities around whether the coordination of in-year admissions should be made mandatory. This may be an issue which remains relevant given the proposed co-operation duties between schools and the local authority on admissions set out in the Children’s Wellbeing and Schools Bill, and any new version of the School Admissions Code which flows from that legislation. 

Admission authorities may be considering changes to admission arrangements ready for consultation during the Autumn Term. We would be happy to help in reviewing these proposals to ensure compliance with admissions law and practice. Please contact Richard Freeth at Stone King on 0121 387 3293, or richardfreeth@stoneking.co.uk, or your usual Stone King contact. We are ready to assist.