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Charter ED - admission consultation


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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 - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/389388/School_Admissions_Code_2014_-_19_Dec.pdf

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!

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Yes, it is complicated. My reading of the document is that:

1. Not sure about the distinction between a through school or not but admissions code states 'Admission to Year 12 at The Charter School East Dulwich Sixth Form is a separate and distinct point of entry.'

2. In terms of offering 90 places for internal applicants from the existing student body and 30 to external, I also see that the over-subscription policy priorities existing students. So from this, I would assume that if the sixth form was oversubscribed with perhaps 96 internal applicants wanting a place with 30 external applicants, those 6 internal candidates would have priority over the external applicants. I suppose the rationale to this is currently, the first group of students from the school who will go into the sixth form - the current year 10 - are only 120. It is likely that not every student at the existing will want to go on to the sixth form - a good percentage might want to go to an FE college or another sixth form, depending on their course choice. But I agree that it's an awkward way to do it - surely it could just be there are 120 places, priority goes to existing students who meet the minimum admission requirements and then any remaining places are allocated as per the admissions policy

3.But it doesn't appear the admissions policy would allow for cherry picking even with the 90/30 split The main priority for selection appears to be on distance, as long as candidates meet minimum grade requirements. It's my understanding that the grade requirements will mirror Charter North grade requirements to sixth form which are fairly reasonable - e.g At least five 9 to 4 (A* to C) grades at GCSE and at least grade 4 in GCSE English Language and Mathematics. All subjects will also have their own requirements but looking at the Charter ND prospects these are also fairly reasonable e.g. to study English Literature at A Level you need a 6 in GCSE.

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As a point of clarification I am not suggesting Charter ED intend to "cherry pick". The point was simply that no school, including Charter ED, are allowed to cherry pick.

Dealing with the substantive point.

Para 12 of the Charter ED is unclear, and potentially misleading, in my opinion. It appears to imply that legally internal candidates must apply to join the sixth form by a deadline. Technically this is not strictly true. Internal candidates have the right of transfer subject to passing the academic criteria. The admissions code confirms this to be the case. An internal candidate may only be removed from the school roll if they fail to meet the academic criteria (also see edit below), not because they missed a "deadline", or more than 90 internal candidates had passed the academic criteria.

Internal candidates should cooperate with internal school procedures, but they should be aware of their right of transfer, subject to passing academic criteria.

The admissions code states:

Overall principles behind setting arrangements

14. In drawing up their admission arrangements, admission authorities must ensure that the practices and the criteria used to decide the allocation of school places are fair, clear and objective. Parents should be able to look at a set of arrangements and understand easily how places for that school will be allocated.


The question is whether paragraph 12 of the Charter ED admissions arrangement meets that objective as it is currently written.

Only an adjudicator could ultimately determine whether the admissions arrangements comply. I'm just expressing an opinion.

Edit 1:

The issue of whether preference may be given to Year 11 Charter North Dulwich is another point. Paragraph 1.8 of the Admissions code may be relevant. The code also gives further information on oversubscription criteria for interested parties.

For instance does 1.9(b) apply?


Edit 2

Legislative criteria for deletion from admission register in case of non-progression to sixth form:

Regulation 8(1)(k)

- that the pupil will cease to be of compulsory school age before the school next meets and?

(i) the relevant person has indicated that the pupil will cease to attend the school; or

(ii) the pupil does not meet the academic entry requirements for admission to the school?s sixth form.

?relevant person? means ?


in relation to a pupil under the age of 18, a parent of the pupil;


in relation to a pupil who has attained that age, the pupil.

I.e. it is the pupil/parent who chooses not to progress, or the pupil fails to meet academic criteria. In these two cases deletion from the admission register is lawful.

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Monkey Wrote:


> Interesting. To share your views with the school

> on this latest consultation, the email address is

> mailto:[email protected]


> I hadn?t looked at requirements for sixth form

> entry, but absolutely appalled that it?s down to

> siblings, being a Charter North pupil or the

> daughter/son of a teacher. Scary stuff.

I've just moved out of the area so I would need to check on the consultation arrangements, but I am unlikely to be in a good position to respond to a consultation.

My opinion is:

1. Sibling oversubscription policy appears to meet the requirements of the Admission Code, so it is unlikely to change unless there was a substantial body of parents who objected to it.

2. Staff oversubscription policy appears to meet the requirements of the Admission Code.

3, North Dulwich priority may not meet the mandatory requirements of the Admission Code, and an objection could be raised. Obviously Charter ED may be entitled to include this oversubscription criteria, but it appears to breach 1.9(b) of the Admission Code - "they must not take into account any previous schools attended, unless it is a named feeder school; ". Charter North Dulwich is not a feeder school, under my understanding of what a feeder school is. Also Charter East Dulwich state at para. 19 of their admission policy that "Only siblings at The Charter School East Dulwich will be taken into account, and not any siblings at The Charter School, North Dulwich. The two schools are entirely separate and have independent admissions arrangements.", which would appear to be further evidence there are no links between the admission arrangements of the schools.


There is a separate issue of entry to Year 12 from existing Year 11 pupils.

All parents should follow any internal school procedure and apply if the school asks for an application to year 12, but technically it may not actually be an application process in law, and if there were problems with obtaining a year 12 place then the following could be relevant.

I don't think this is an admissions issue as such, and I suspect an admission code adjudicator would refuse to examine the question.

I believe this is an issue that should be raised directly with the school, if it is of concern to a parent of a child at the school.

In a nutshell the school provides an education from Year 7 through Year 13. It is a single school, presumably with a single admission register for Year 7 through to Year 13.

Once a pupil has been admitted to the school in Year 7 (or any other year) the law only allows deletions from the register is limited circumstances, otherwise the removal from the register is potentially unlawful.

The rules are contained in The Education (Pupil Registration) (England) Regulations 2006 and subsequent amendments, such as The Education (Pupil Registration) (England) (Amendment) Regulations 2016.

A child on the admissions registers Year 11 may only be removed from the admission register under Regulation 8(1)k, under normal circumstances (there may by other valid for removal, such as permanent exclusion).

The two grounds are:

Regulation 8(k)

- that the pupil will cease to be of compulsory school age before the school next meets and?

(i) the relevant person has indicated that the pupil will cease to attend the school; or

(ii) the pupil does not meet the academic entry requirements for admission to the school?s sixth form.

In these circumstances it is hard to see how a internal candidate on the admission register can apply to join the school: they are already on the school roll, and should not be removed from it unless they indicate they do not wish to join Year 12 or fail to meet any academic criteria stipulated by the school.

If internal Year 11 pupils are not applying to the school then the admission policy as such does not apply to them, although the academic criteria do apply. There would be no right of appeal to an admissions appeal if they were refused a place. It would be the removal from the admission register, potentially contrary to regulation 8(k), that was the issue.

The Charter ED may have an answer to this point, but it does appear to be a matter that could merit investigation to confirm the appropriate regulations are being complied with.

It is not a minor issue. For example if an "offer" was made to an existing pupil that contained conditions other than the academic conditions then this would potentially be unlawful. Alternatively if an existing pupil, who passed the academic criteria, was denied entry to Year 12 because of past detentions, or internal exclusion, then this would also be potentially unlawful.

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