School measures - Local authority direction powers

This measure extends local authorities’ current powers to direct a maintained school to admit a child, to also enable them to direct academies in the same way. It aims to streamline the direction process and provide a more robust safety net for vulnerable children, by giving local authorities the levers they need to secure school places for children more quickly and efficiently, when the usual admissions processes fall short. Currently local authorities have no power to direct that an academy admits a child; this is a power which is reserved to the Secretary of State.

Like maintained schools, academies will be able to appeal to the Schools Adjudicator where they disagree with a local authority’s decision to direct, providing an effective check and balance on local authorities’ new powers to direct into academies.

Local authorities’ current direction powers are set out in the School Standards and Framework Act 1998. New legislation is required to effect the changes outlined above, including changes to the School Admissions Code (“the Admissions Code”). Any changes to the Admissions Code will require a statutory process, including a full public consultation and parliamentary approval.

The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation.  Please contact our School Support (schoolsupport@wslaw.co.uk)  or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.