Report Cabinet Member for Education & Young People Part 1 Date: 20 January 2017 Item No: 01

Subject Consultation on School Admission Arrangements – 2018/19

Purpose To advise of the proposed amendments to the School Admission Arrangements for the

academic year commencing September 2018 and to move to consult on the same.

Author Joanne Lee, School Admissions & Appeals Manager

Ward All

Summary Local authorities must consult annually between 1 September and 1 March on admission

arrangements (school admissions policy) for those schools for which they are the admission authority. For the Council this means all community and voluntary controlled schools in Newport.

Following consultation these arrangements must be determined and set by 15 April one year before the arrangements will apply. Thus, admission arrangements for September 2018 must be consulted upon, determined and set by 15 April 2017. The bodies with which admission authorities must and should consult are set out in the Welsh Government School Admissions Code. This is to ensure that any changes to the School Admissions Policy are shared publicly and views sought.

For the 2018 school admissions policy the following is proposed:

A change to the application process for nursery admission An additional priority within the oversubscription criteria

Proposal To support the amendments to the School Admission Arrangements 2018 and to

move to consult in the public domain within the statutory timescales.

Action by Chief Education Officer

Timetable Immediate

This report was prepared after consultation with: Strategic Director – People Education Senior Management Team Newport School Admissions Forum Early Years & Integration Business Manager Senior HR Business Partner Senior Finance Business Partner NCC Child Protection Officer NCC Head Teachers

Signed

Background It is a statutory requirement to carry out an annual consultation on the School Admission Arrangements for the next but one academic year, in good time to ensure that all associated stakeholders are familiar with the process and any changes that are proposed. Following the consultation any comments and feedback is taken into consideration before the final copy of the arrangements are published to allow families to meet the published statutory deadlines for admission to school. On some occasions there are amendments proposed which are detailed in the next section.

Proposed Amendments to School Admission Arrangements for 2018 1. A change to the application process for nursery admission

There are three points at which a child can enter nursery, stipulated as the term following their third birthday i.e. January or April (known as a Rising 3 place) and September. In effect this is one nursery place but by law, older children are eligible for an earlier start, if places are available.

Currently within the admissions timetable Rising 3 (R3) places are allocated in a separate process prior to the allocation of September places but once allocated an R3 place, the child is expected to continue the placement until they are of Reception age. As summer-born pupils are not eligible for an R3 place, they must apply for September in a separate application window, after R3 allocations have taken place. The impact is that fewer places are available in this second window, which is a disadvantage. The proposed method addresses this by allocating September places first and only if the allocated pupils are eligible, and places are available, is an early start offered.

2. Oversubscription criteria

This is a proposal to update the oversubscription criteria to award priority for a school place to vulnerable children placed on the Child Protection Register when recommended by Social Services. Note that this priority will only be awarded where places are available.

Financial Summary Capital – there are no capital consequences as a result of this proposal or required to support the

decision Revenue – there are no revenue consequences for stakeholders as a result of this proposal other

than the cost of printing any hard copies, this cost is factored in central service budgets.

Risks

Risk Impact of Risk if it occurs* (H/M/L)

Probability of risk occurring (H/M/L)

What is the Council doing or what has it done to avoid the risk or reduce its effect

Who is responsible for dealing with the risk?

Not to consult on proposed arrangements

L L The Council is adhering to the Statutory Code on Admissions in consulting on an annual basis

Chief Education Officer

Not to take forward any amendments to the current arrangements

L L The School Admissions Forum is the Council’s statutory body who monitor and regulate the school admission arrangements – noting any amendments to current practice

Chief Education Officer

* Taking account of proposed mitigation measures

Links to Council Policies and Priorities Education Service Plan Council Improvement Plan Statutory Code on Admissions Statutory Code on Appeals

Options Available and considered Option 1: To amend the school admissions policy as described and move to consult on the School

Admission Arrangements for 2018 before determining the policy in accordance with the Statutory Code on Admissions.

Option 2: To move to consult on School Admission Arrangements for 2018 without amendment as described, before determining the policy in accordance with the Statutory Code on Admissions.

Option 3: To take the decision not to consult on those arrangements, thereby setting aside the Statutory Code on Admissions as a discretionary instrument

Preferred Option and Why Option 1 is the preferred option, as the proposed amendments to the policy will:

Ensure fairness and equity for all pupils;

Prioritise vulnerable children for admission where places are available;

Provide a robust and efficient school admissions service Additionally the Council recognises the Welsh Government Code on School Admissions as a statutory instrument and is fully compliant in that respect by consulting on the proposed arrangements before publishing the same within statutory deadlines for admission to school.

Comments of Chief Financial Officer There are no direct financial consequences associated directly with the report. Costs of publishing the report are already budgeted for within service budgets. Impacts of decisions through the policy that may attract additional transport costs are dealt with through Home to School Transport Budgets.

Comments of Monitoring Officer The Council has a statutory duty under section 20 of the School Standards and Framework Act 1998 and the Admissions Regulations to undertake consultation on its proposed admission arrangements during the period from 1st September to 1st March in the school year which is two years before the commencement of the school year in which the arrangements are to take effect. Therefore, the Council now has to commence consultation on its proposed admission policy for maintained schools, which will apply as from September 2018. The consultation process must be carried out in accordance with the Welsh Government’s statutory School Admissions Code, which prescribes the various statutory consultees who have to be engaged in the process and the details that have to be included in the proposed admissions policy/arrangements. The statutory consultation process is fully compliant with the Council’s general equalities and well-being duties and consistent with the Children and Families Measure. The purpose of the public consultation process is to maintain openness and transparency and to ensure that admission arrangements are fair and equitable. For the most part the current arrangements will remain the same, but there are two proposed changes relating to the applications process for nursery admission and a change to the oversubscription criteria. The proposed change to nursery admissions is intended to address the disadvantage to pupils born in the summer who are not eligible for earlier Rising 3 places. The change to the oversubscription criteria will introduce an additional priority for vulnerable children on the Child Protection Register. The changes are intended to make the allocation of nursery places fairer and reflect the additional needs of vulnerable “at risk” children. The Cabinet Member will need to determine the final School Admission Arrangements for September 2018, with or without modification in the light of the consultation responses, by 15th April 2017.

Comments of Head of People and Business Change This proposal considers aspects of the sustainable development principle of the Well-being of Future Generations (Wales) Act through consultation on the school admissions policy and involving stakeholders at appropriate stages of decision making. There are no HR implications. The report is supported by a Fairness and Equalities Impact Assessment.

Local issues None

Scrutiny Committees None

Equalities Impact Assessment and the Equalities Act 2010 The Equality Act 2010 contains a Public Sector Equality Duty which came into force on 06 April 2011. The Act identifies a number of ‘protected characteristics’, namely age; disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; sexual orientation; marriage and civil partnership. The new single duty aims to integrate consideration of equality and good relations into the regular business of public authorities. Compliance with the duty is a legal obligation and is intended to result in better informed decision-making and policy development and services that are more effective for users. In exercising its functions, the Council must have due regard to the need to: eliminate unlawful discrimination, harassment, victimisation and other conduct that is prohibited by the Act; advance equality of opportunity between persons who share a protected characteristic and those who do not; and foster good relations between persons who share a protected characteristic and those who do not. The Act is not overly prescriptive about the approach a public authority should take to ensure due regard, although it does set out that due regard to advancing equality involves: removing or minimising disadvantages suffered by people due to their protected characteristics; taking steps to meet the needs of people from protected groups where these differ from the need of other people; and encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

Children and Families (Wales) Measure Although no targeted consultation takes place specifically aimed at children and young people, consultation on school admission arrangements is open to all of our citizens regardless of their age. The consultation is carried out in accordance with the statutory school admissions code and the determined policy is publicised via posters, press notices, social media, application forms and partner groups such as the Early Years Development and Childcare Partnership, Family Information Service and Flying Start. People replying to consultations are not required to provide their age or any other personal data, and therefore this data is not held or recorded in any way, and responses are not separated out by age.

Wellbeing of Future Generations (Wales) Act 2015 Report writers need to indicate how they have considered the five things public bodies need to think about to show they have applied the sustainable development principle put into place by the Act. You will need to demonstrate you have considered the following:

Long term: the importance of balancing short- term needs with the need to safeguard the ability to also meet long – term needs This has been taken into consideration by consulting on an annual basis

Prevention: How acting to prevent problems occurring or getting worse may help us meet our objectives The consultation allows stakeholders to raise issues or make comments, this report is supported by an FEIA

Integration: Consider how the proposals will impact on our wellbeing objectives, our wellbeing goals, other objectives or those of other public bodies This has been considered in the development of the supporting FEIA

Collaboration: have you considered how acting in collaboration with any other person or any other part of our organisation could help meet our wellbeing objectives Key stakeholder groups have collaborated in developing this report

Involvement: The importance of involving people with an interest in achieving the wellbeing goals, and ensuring that those people reflect the diversity of the City we serve. This report seeks to move to a full consultation on the school admission arrangements for 2018.

Crime and Disorder Act 1998 Section 17(1) of the Crime and Disorder Act 1998 imposes a duty on the Local Authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area.

Consultation

Background Papers None Dated: 20 January 2017

Attached: Appendix 1: Fairness & Equality Impact Assessment – School Admission Arrangements 2018

Appendix 1 Fairness and Equalities Impact Assessments F&EIAs (2015)

This form presents evidence that equalities, Welsh language and fairness have been considered when taking policy and service delivery decisions in Newport City Council. Our Equalities focus is taken from the Equalities Act 2010: we consider the nine protected equalities characteristics- age, gender reassignment, disability, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation. Under the General Equality Duty we have a duty to:

Eliminate unlawful discrimination, harassment and victimisation;

Advance equality of opportunity and;

Foster good relations; across the nine protected characteristics. Under the Welsh Language Measure 2011 the Welsh language cannot be treated any less favourably than the English language In Newport we focus on Fairness through the following themes: Health, Poverty, Skills and Work, Domestic Abuse and Tackling Area Based Deprivation.

Service Area Education

Head of Service James Harris

Person responsible for the Assessment: Joanne Lee

Date of Assessment January 2017

1. What is the policy/ service being assessed?

This Equality Impact Assessment relates to the Council’s School Admissions Policy, which when determined will define the admission arrangements for all community and voluntary controlled schools in Newport for 2018. The specific sections to be assessed for change are:

The nursery admissions process

An addition to the oversubscription criteria to afford priority to children placed on the Child Protection register who are recommended by Social Services

2. What is the purpose of the policy/ service change?

The reasons for the proposed changes to the policy are:

To ensure fairness and equity for all pupils;

To prioritise vulnerable children for admission where places are available;

To provide a robust and efficient school admissions service Specifically in relation to the nursery admissions process: There are three points at which a child can enter nursery, stipulated as the term following their third birthday i.e. January or April (known as a Rising 3 place) and September. In effect this is one nursery place but by law, older children are eligible for an earlier start, if places are available. Currently within the admissions timetable Rising 3 (R3) places are allocated in a separate process prior to the allocation of September places but once allocated an R3 place, the child is expected to continue the placement until they are of Reception age. As summer-born pupils are not eligible for an R3 place, they must apply for September in a separate application window, after R3 allocations have taken place. The impact is that fewer places are available in this second window, which is a disadvantage. The proposed method addresses this by allocating September places first and only if the allocated pupils are eligible and places are available is an early start offered.

3. Protected Characteristics

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If we take this decision what is the potential impact? The impact may be either positive or negative Explain how people may be affected and give the evidence for this

Action Plan to address issues raised What changes or practical measures would reduce adverse impact on particular groups? What changes would increase positive impacts e.g. improve access or opportunity? May be revisited post consultation

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Age

Pupils aged 3 to 16 seeking admission to school in 2018

The proposed method of nursery admission addresses the inequality for summer-born children by allocating September places first and only if the allocated pupils are eligible (and places are available) is an early start offered. This does not reduce the number of R3 places available but should ensure that all pupils have equal access to a nursery place and that movement between schools is minimised to avoid disruption to both pupils and the wider nursery class or school.

At this stage no action is required as a full consultation exercise on admission arrangements for 2018 will be carried out, as described in Section 4

School Admissions Manager

September 2018

Gender reassignment

Not applicable

Disability Pupils aged 3 to 16 seeking admission to school in 2018

There is no disproportionate impact for pupils with regard to disability

Marriage/Civil Partnership

Not applicable

Pregnancy and Maternity

Not applicable

Race Pupils aged 3 to 16 seeking admission to school in 2018

There is no disproportionate impact for pupils with regard to race

Religion/belief (or the absence of)

Pupils aged 3 to 16 seeking admission to a faith school in 2018

Three of Newport’s voluntary aided schools have a nursery, all of which have confirmed that they are also seeking to make the same amendments to their school admissions policy for 2018. Consequently there is no disproportionate impact for pupils with regard to religion/belief (or the absence of)

Sex Pupils aged 3 to 16 seeking admission to school in 2018

There is no disproportionate impact for pupils with regard to sex

Sexual Orientation

Not applicable

Welsh language Pupils aged 3 to 16 seeking admission to school in 2018

There is no disproportionate impact for pupils with regard to the Welsh Language

4. Who has the service consulted regarding the proposed change? When should new consultation take place? NB: It is essential that service users and other interested parties are involved in the planning process at the earliest opportunity. Consultation at an initial stage should be along broad themes. It is appropriate to ask what services are valued, how services could be changed and or what could be done differently. This feedback should then inform your business case proposals and the F&EIA. When specific proposals have been drawn up, they too will need to be consulted upon. All stakeholders and their views need to be represented.

Headteachers of all Newport primary schools, the Early Years Development and Childcare Partnership and the Council’s Child Protection Officer has been consulted on the concept of changes to the school admission policy prior to inclusion in the consultation on admission arrangements for 2018. Additionally, the Council has consulted with its’ School Admissions Forum in November 16, a statutory committee which has a key role in ensuring a fair admission system. The core membership of the Admission Forum is set out in the regulations and consists of members and officers of the Council, representatives from the Roman Catholic and Church in Wales dioceses, nominees from community, voluntary controlled and voluntary aided schools, parent governors along with representatives of the local community (currently Early Years, Gwent Education Minority-ethnic Service and Special Educational Needs). In accordance with the Welsh Government School Admissions Code, formal consultation will be carried out with all Newport schools and Governing Bodies, all neighbouring LAs and the admission authorities for all other maintained schools within Newport. The Council will also issue a press release and publicise the consultation via social media.

5. What evidence/ data has been used to complete this F&EIA (This will include local and national guidance)

Welsh Government School Admissions Code

NCC School Admissions Policy 2017

Feedback from service users, officers, schools and neighbouring Welsh LAs

6. How will the relevant groups be advised of the changes and the F&EIA?

Through the formal consultation on admission arrangements for 2018;

Through publication of the determined school admission policy 2018 within the normal admission round;

Through publicity for the 2018 admissions round via the usual channels, such as posters, press articles and social media.

Through partner groups such as the EYDCP, the Family Information Service and Flying Start.

7. How will the policy/ practice make Newport more or less fair in relation to:

Health Inequalities

Child Poverty

Skills and Work

Tackling Domestic Violence

Alcohol and Substance misuse

Homelessness

Armed Forces Veterans

The proposed changes aim to make application of the School Admissions Policy fairer and support the Future Generations Act 2015, forming part of the long term Education Service Plan to improve the quality of education provision and access to a range of quality learning pathways by providing effective and appropriate provision for pupils of nursery and statutory school age. The School Admissions Policy will continue to support parental preference whilst managing demand for school places within Newport’s burgeoning population.

8. How will the service / policy affect local areas of the city? Will it have a positive or negative impact in terms of fairness and addressing local area deprivation (you will need to use spatial data available through the Newport Profile and specific Ward Profiles to address this question)?

Not applicable as the policy change is city-wide

9. In summary, how does the changed service /policy promote good community relations (cohesion)?

The proposals do not alter the fact that the current admission arrangements promote community cohesion by being inclusive of all faiths and beliefs.

10. In summary, how does the changed service /policy promote equality?

Specifically in relation to the nursery admissions process: There are three points at which a child can enter nursery, stipulated as the term following their third birthday i.e. January or April (known as a Rising 3 place) and September. In effect this is one nursery place but by law, older children are eligible for an earlier start, if places are available. Currently within the admissions timetable Rising 3 (R3) places are allocated in a separate process prior to the allocation of September places but once allocated an R3 place, the child is expected to continue the placement until they are of Reception age. As summer-born pupils are not eligible for an R3 place, they must apply for September in a separate application window, after R3 allocations have taken place. The impact is that fewer places are available in this second window, which is a disadvantage. The proposed method addresses this by allocating September places first and only if the allocated pupils are eligible and places are available is an early start offered.

11. In summary, how does the changed service /policy eliminate discrimination?

As 10 above

Completed by: School Admissions Manager Date: 3 January 2017

Signed off by: Chief Education Officer Date: 3 January 2017