All this is quite complicated, and I'm not an expert, but the Charter ED admission policy may be problematic for the sixth form.
I think Charter ED is a free school, but it appears these must comply with the Admission Code. It would be necessary to check the funding agreements. Plus it also depends whether the school is a Year 7 to Year 13 school rather than having a stand alone sixth form school with a separate sixth form.
If it is a through school then my understanding is that all pupils of the school have an AUTOMATIC right to transfer from Year 11 to Year 12. They cannot be removed from the school roll at Year 11. UNLESS the school have set academic criteria, which must be the same for internal and external candidates.
So the claim at para 12 that entry to the Sixth form is a separate and distinct point of entry is potentially misleading to internal candidates. See para 2.6 of the Admissions Code - [assets.publishing.service.gov.uk
If entry is automatic to internal candidates, providing the grades are met, I'm not sure how Charter ED can lawfully limit their internal transfers to a total of 90 as they appear to be doing.
It does not appear to make sense. I would have thought you would need to say the admission number for the sixth form is 30, but they may have to go over capacity of 120 if more existing pupils transfer than expected. The external candidate PAN should be set low enough to limit the risk of this, but they can go over PAN without consultation.
If oversubscribed then existing pupils internally transferring to the sixth form are first, which could theoretically mean there were no external places available.
It gets more complicated when course availability is taken into account, because the admission code is silent on this factor. The code relates to admission to the sixth form not the courses.
If a student is an internal candidate who has met the sixth form academic entry requirements and the Charter school do not let that student into the sixth form then it is possibly unlawful, because the requirement to legally remove the student from the school roll has not been met. As a general point a school is not allowed to cherry pick external applicants over internal transfers according to the admissions code.
The above is my understanding of the admissions position, which, of course, could be wrong!
Edited 3 time(s). Last edit was january 13, 05:15am by Jan12345.