{
  "url": "https://openlegislation.uk/education-admissions-appeals-arrangementsenglandamendment-regulations-2008/note",
  "json_url": "https://openlegislation.uk/education-admissions-appeals-arrangementsenglandamendment-regulations-2008/note.json",
  "legislation": "uksi/2008/3092",
  "legislation_title": "The Education (Admissions Appeals Arrangements)(England)(Amendment) Regulations 2008",
  "legislation_url": "https://openlegislation.uk/education-admissions-appeals-arrangementsenglandamendment-regulations-2008",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations are made under section 94(5A), 95(3A) and 138(7) of the School Standards and Framework Act 1998 and come into force on 10th February 2009. They apply to arrangements for appeals in respect of decisions communicated on or after 1st March 2009 (the majority of which will relate to admission for the school year beginning in September 2009), except for regulation 6, which only applies to in relation to appeals against decisions communicated on or after 1st March 2010 in respect of admission to maintained schools in England in the school year 2010-2011 and subsequent years. They make amendments to the Education (Admissions Appeals Arrangements) (England) Regulations 2002 (“the 2002 Regulations”).\nThe 2002 Regulations make provision for the procedure on appeals against decisions about admission to maintained schools in England, and the grounds on which certain appeals may be upheld. Regulations 3 and 4 move a definition into regulation 2 of the 2002 Regulations so that it applies generally, and insert a new definition.\nRegulation 5 substitutes a new regulation 6 in the 2002 Regulations. The new regulation provides that appeal panels may consider whether admission arrangements are unlawful, because they do not comply with either the requirements of the 1998 Act, or the mandatory provisions of any school admissions code (issued under section 84 of the 1998 Act). When a child is refused a place at school on the basis that to admit the child would breach the statutory limit on infant class sizes unless measures were taken to avoid that breach, panels may only uphold appeals on certain, limited grounds. The new regulation 6 provides that a panel may uphold such appeals if they are satisfied either that the child would have been offered a place if the relevant admission arrangements had been properly implemented, or if they had been lawful, or if the panel is satisfied that the decision of the admission authority was unreasonable.\nRegulation 6 substitutes a new Schedule 2 to the 2002 Regulations. The new Schedule makes provision arising out of changes to the law contained in the Education and Skills Act 2008. Starting from the school year beginning in September 2010, children as well as their parents will be able to apply for a place in a school sixth form, or, in the case of children over compulsory school age, for a place to study education other than sixth form education. They will also be able to appeal against decisions refusing their applications. Schedule 2 makes provision for the procedure on such appeals. In cases where the child and any parent of his make appeals in respect of the same school, the appeals must be heard together.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/3092/note",
    "retrieved_at": "2026-10-29T03:21:04.304071+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}