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					                               Determination

                          Highwoods Primary School
                          Myland Community School
                          North Primary & Nursery School
                          Brinkley Grove Primary


Case references:          VAR000346
                          VAR000347
                          VAR000348
                          VAR000349

Admission Authority:     Essex County Council

Date of Decision:        29 August 2008 amended 23 September 2008



Determination

In accordance with section 89(6) of the School Standards and
Framework Act 1998, and conditional upon the approval by the County
Council of the admission arrangements for the new school, I approve
the request from Essex County Council to remove criteria within the
determined admission arrangements for Highwoods Primary School,
Myland Primary School, North Primary School and Brinkley Grove
Foundation School, for admissions in September 2009 which make
reference to children living on the Turner Rise development.

I approve high priority being given within each School’s arrangements
to sibling links from the priority area of the new school and for Brinkley
Grove, Highwoods and North Schools; and also to high priority being
given, within the admission arrangements, to sibling links from the
priority area of Myland School.


The referral

   1. Essex County Council has referred a variation to the Adjudicator
      seeking to amend the determined admission arrangements (“the
      arrangements’) for Highwoods Primary, Myland Primary and North
      Primary and Nursery Community Schools, and on behalf of the
      Governing Body of Brinkley Grove Foundation School, for admissions
      in September 2009.

Jurisdiction

   2. The referral was made to me in accordance with section 89(5) of the
      School Standards and Framework Act 1998 (“the Act”) which states
      that:
       “where an admission authority (a) have in accordance with
      subsection (4) determined the admission arrangements which are
      to apply for a particular school year, but (b) at any time before the
      end of that year consider the arrangements should be varied in view
      of a major change in circumstances occurring since they were so
      determined, the authority shall (except in a case where their
      proposed variations fall within any description of variations
      prescribed for the purposes of this subsection) refer the proposed
      variations to the adjudicator, and shall (in every case) notify the
      appropriate bodies of the proposed variations”.

3. The request for an In-Year Variation arises from the decision, following
   statutory consultation and notices, to establish a new primary school in
   North Colchester in September 2009. The variation the LA is seeking
   is to remove criteria within each School’s admission arrangements
   which make reference to children living on the Turner Rise
   development.

4. The LA is also seeking to give a high priority within each School’s
   arrangements to sibling links from the from the priority area of the new
   school and for Brinkley Grove, Highwoods and North Schools; and
   also to give a high priority within their admission arrangements to
   sibling links from the priority area of Myland School.

5. The Council is of the opinion that this situation constitutes a major
   change in circumstances and, therefore, it is within my jurisdiction to
   consider the proposed variation.

Procedure

6. In coming to my conclusion I have had full regard to the Act and the
   Regulations made thereunder, the Code of Practice on Schools
   Admissions (“the Code”) and all the evidence relevant to the request
   for a variation in the school’s PAN, which was presented. I have also
   had regard to the relevant provisions of the Sex Discrimination Act
   1975; the Race Relations Act 1976; the Disability Discrimination Act
   1995 as required by paragraph 6 of Schedule 5 to the Act; and to the
   Human Rights Act 1998.

7. The documents I have considered in reaching my decision include

         A copy of the Council’s booklet for parents seeking admission to
          schools in the area in September 2008/2009

         The determined admission arrangements for the four Schools

         Consultation letter dated 14th July, 2008
           Map showing the current priority admissions area around Turner
            Village

           The Council’s forms of referral of August 2008 and relevant
            supporting documentation

           The relevant statistical information pertaining to the request

Background and Consideration of Factors

  8. The Council proposes to open a new primary school in September
     2009 on the new Turner Rise development in North Colchester. This
     development is currently defined as an area and children living in it
     have a priority in the existing admission arrangements for Brinkley
     Grove, Highwoods, Myland and North Primary Schools. The priority
     admission area for the new school will include the Turner Rise area
     together with other related new housing developments within the
     existing Myland priority admissions area. It is, therefore, proposed that
     the priority given to children living in the Turner Rise area should be
     removed from the admission arrangements for the above Schools. The
     actual priority admission areas for Brinkley Grove, Highwoods and
     North Primary School, will remain unchanged.

  9. The recent pressure on places at Myland School resulting from housing
     development in the area has necessitated some local children living in
     this school’s priority admissions area and the Turner Rise area being
     admitted to neighbouring schools.              The proposed admissions
     arrangements for Brinkley Grove, Highwoods and North Schools, i.e.
     the neighbouring schools, therefore, give a high priority to sibling links
     from the priority area of the new school and Myland School. The
     proposed admission arrangements for Myland School give a high
     priority to sibling links from the priory area of the new school.

  Conclusion

  10. I am satisfied that Essex County Council, in seeking to amend the
     determined admission arrangements for the four Schools, is acting in
     accordance with the Code and in the best interests of children in the
     relevant area; and note that no objections have been received
     following the statutory consultation. I consider the proposal to amend
     the determined admission arrangements to comprise an appropriate
     means for the LA to address its statutory obligation to ensure adequate
     provision of school places in the area; and also to rationalise the
   related issues.




11. I am also satisfied that the protection provided for siblings is
   appropriate and in accordance with the relevant requirements and spirit
   of the Code.


Determination

12. In accordance with section 89(6) of the School Standards and
   Framework Act 1998, I approve the request from Essex County
   Council to remove criteria within the determined admission
   arrangements for Highwoods Primary School, Myland Primary
   School, North Primary School and Brinkley Grove Foundation
   School, for admissions in September 2009 which make reference
   to children living on the Turner Rise development.

13. I approve high priority being given within each School’s
   arrangements to sibling links from the priority area of the new
   school and for Brinkley Grove, Highwoods and North Schools;
   and also to high priority being given, within the admission
   arrangements, to sibling links from the priority area of Myland
   School.




                                 Dated: 29 August 2009

                                 Signed:
                                 Schools Adjudicator: Dr Ruth Eade