This scheme has been developed in consultation with schools and admission authorities who want to work together to provide a co-ordinated in- year application process to enable children to enter schools in Torbay. The Torbay Council School Admissions Team demonstrates and work towards the agreed Core Values and is committed to being forward thinking, people orientated and adaptable – always with integrity.
Where the word ‘parent’ is used in this document, it also includes other people in the role of parent e.g., guardians or carers who have parental responsibility for a child needing a school place.
Schools do not have to participate in a joint scheme. Some schools in Torbay have chosen not to participate in this scheme. The participating schools are listed on the admission application form and in the parental guidance booklet TIPS4.
Following a government consultation on changes to the School Admissions Code, a new code was agreed and has now come into force since 1 September 2021. The changes include more detail on the process for managing in- year admissions. One of the changes includes that upon receipt of an in- year application the Local Authority will aim to notify parents of the outcome of their application in writing within 10 school days but must be notified in writing within 15 school days.
There are also changes to improve the effectiveness of a Fair Access Protocol and giving children adopted from state care outside of England equal admissions priority as children who were previously looked after in England.
This scheme is only for parents wanting places for their child in a primary school or a secondary school up to and including Year 11. Parents of nursery-aged children and post-16 applicants should contact the preferred school or setting directly.
The normal points of transition in Torbay are from nursery to primary school at age 4 and from primary to secondary school at age 11. In some parts of the country children normally change school at age 7 (primary to junior) or age 8 (first to middle) or age 12 (middle to upper). These are ‘normal’ because all children move school at the same time.
In-year admissions are when children start at a school at any other time. This might be in September at the start of a new school year or during a school year. In year admissions are sometimes called mid-phase or casual admissions.
Torbay Council (the local authority or ‘LA’) processes in-year admission applications for all mainstream schools in Torbay that are part of the joint scheme. The other mainstream schools in Torbay process their own admissions and parents have to apply to them directly. Parents who live outside of Torbay but would like their child to attend a Torbay school can apply to Torbay schools in the same ways as parents who are living in Torbay.
If a parent who lives in Torbay wants to send their child to a school outside of Torbay, they will need to contact the LA where the school is based to find out about their in-year admission process. Torbay LA will help carers/social workers who want to apply for a place in another LA for a child who is in public care.
There is a separate application process for Torbay parents wanting to send their child to a place in a specialist school or Enhanced Resource Provision they will need to contact the Torbay SEN Team on 01803 208274 or email EHCP@torbay.gov.uk for further information and advice.
The LA does not get involved in the processing of applications for South Devon High School or for independent schools. Parents should contact them directly.
The person applying must have parental responsibility for the child who needs a school place.
Parents can apply online for in year places here - Changing or moving schools - Torbay Council
The online system is for parents to apply for places in schools taking part in the joint scheme. The schools who do not opt into this scheme are:
If you wish to apply for any of these schools, please contact the schools directly.
The rest of this section relates to applications for the schools that do take part in our joint scheme. Parents will be able to list up to 3 schools in order of preference. They will be able to give reasons for their preferences. There will also be an opportunity for parents to provide additional information if they think this would help the LA to place their child at a school. The LA will probably pass on this information to schools considering an application for a place at their school.
The Common Application Form is available to complete online via the council’s website Changing or moving schools - Torbay Council. It will be accompanied by a summary of the key points of this scheme in the composite prospectus called TIPS 4. The most up to date version of TIPS4 will be published on the website. Electronic copies of the form can also be made available from Student Services Team on 01803 208908 or email pupil.services@torbay.gov.uk .
Some schools have supplementary information forms for parents who want their child to be prioritised for admission at the school on particular grounds, e.g., some schools prioritise faith; some prioritise children of members of staff, and some prioritise children who have an exceptional social medical need. Parents can choose whether or not to complete one of these forms. If they do, they must send the form directly to the school. The forms are on the school’s websites. Even if parents complete one or more of these forms, they must still complete the online common application form.
If a parent sends an admission application form directly to a school in the scheme, they will pass it on to the LA to process. This will enable the LA to make sure that any other schools applied for can be sent the correct information, and that parents can have their child’s name added to waiting lists as needed.
Applications may be submitted from outside of the United Kingdom online or by sending an application form in the same way as they can be made within the United Kingdom. A child’s nationality or immigration status will not be considered as part of an admissions application.
Where a child is resident in Torbay or its environs and is living with a host family, the LA will contact the home family – the family abroad with whom the child is normally resident. All applications will be from the home family unless a reason why this is not possible is accepted by the admission authority for the school. This will be to ensure that the birth family is aware of the address at which the child is residing, gives authority to a member of the host family to seek a school place. The LA will also advise that that no fees are payable for the application, allocation or provision of a school place where a child is of statutory school age.
Parents must assure themselves that the child is entitled to access education in this country. Where a school believes that a child is not entitled to do so, it will refer the child to the Home Office. The child will not be refused admission or required to leave the school pending any action by the Home Office.
No place will be given that conflicts with the requirements of UK Border Agency.
Families of UK Service personnel and other Crown servants are subject to frequent movement at short notice. This can mean that children of such families are disadvantaged educationally. Admission authorities must allocate places in advance where the family is relocated by the Ministry of Defence, Foreign and Commonwealth Office or Government Communications HQ.
Decisions on whether a place can be made available will be based on a Unit address in advance of a home address being confirmed. Where it is necessary to measure the distance to school for the purposes of deciding priority in relation to other applicants, the main entrance of the Unit will be used.
The child shall have a parent who is a serving member of the UK Services with a confirmed posting to the area or other Crown servant returning from overseas to live in the area. This does not include a member of the reserve forces moving from one part of the county to another without there being a posting. No additional places are created to meet demand created by postings to an area.
The School Admissions Code does not permit higher priority to be given to children of UK service personnel when admission authorities set over-subscription criteria. Neither does it provide for the consideration of family background when deciding whether a place should be made available.
Pupils with an Education, Health and Care Plan (EHCP) are not admitted through the standard school admissions process. Placement for these pupils is determined through the statutory processes set out in the Children and Families Act 2014. The Local Authority's EHC Team are responsible for consulting with schools and naming an appropriate placement in Section I of the EHCP, following consideration of parental preference and the legal tests relating to suitability and compatibility with the efficient education of others and the efficient use of resources. As part of this process, schools are formally consulted and invited to provide a response within the required timeframe. The final decision on placement rests with the Local Authority, and where a school is named in an EHCP, the school is under a duty to admit the pupil.) If your child does not have an EHCP then you should apply on Torbay’s common application form.
Please contact the SEN Team on 01803 208274 or email EHCP@torbay.gov.uk
Torbay LA will forward details of applications received to all admitting authorities each week and normally on the day they arrive. The LA will not pass on information about parental ranking. Details will also be passed to schools where the LA is the admitting authority.
The LA will ask for proof of address before offering a place if a school in the joint scheme is oversubscribed. If a pupil is moving but is entitled to a place based on their current address, then it will be offered. Exceptions may be made in extreme circumstances e.g., where a family is fleeing domestic violence. The LA will decide if the circumstances are exceptional. A new address will not be used for prioritising against a school’s oversubscription criteria until the LA or the admitting authority has seen evidence of that address (tenancy agreement, exchange of contracts, utility bill or benefits/tax credit evidence).
Where concerns are raised that a parent has given an address that is fraudulent or misleading, the LA or the admission authority may ask the parent for more information and a visit may be made to the address to establish whether it is genuine. If the address is found to be fraudulent the admission authority may decide to remove the place that has been offered. The admission authority will consider the length of time the child has been attending the school and whether a child would have been entitled to a place if the parent had given the correct information.
When a school is sent an application form, within one week the school will tell the LA whether they would be willing to accept the child and whether there are any places. If there are more children than places, the admitting authority will rank the children against the oversubscription criteria for the school to see who takes highest priority. Where more than one of the preferred schools can offer a place, the LA will offer the place at the school ranked highest by the parent. The LA, not the school, will make the offer to the parent. Once the parent has accepted the offer the school will liaise with the parent about the start date.
Every application should receive a reply 10 school days once submitted and received (other than during holiday periods) and most will be sooner. One exception to this is where a school refers an application to the Pupil Referral Panel under the Fair Access Protocol. Parents will be notified if this is the case.
Each day will be treated as a separate application period. This means that all applications received on the same day will be treated equally. If there are places available on the day an application is received, it will be processed before an application received the following day.
Every week during term time primary and secondary schools will tell the LA the numbers on roll in each year group so that the LA can advise parents about vacancies.
Where there is no place at any of a parent’s preferred schools, the LA will either
The LA will send parents an email or letter telling them about the allocated school place. The email/letter will inform parents:
Applicants who want their child to be admitted outside of the normal year group should make this clear on the application form, giving full reasons for the request. The admission authority and the head teacher will consider the request. If the admission authority refuses the request, they will give the reasons for this. Parents will have a right of appeal unless the admission authority can offer a place at the school in the correct year group. These applications may take longer than 4 weeks to process, depending on the information provided with the application.
Torbay Council has a Fair Access Protocol to manage the admission of vulnerable pupils who cannot get a school place through the usual admission process. This may be where a child has been permanently excluded, for example, or where a school believes they cannot meet a pupil’s needs due to their challenging behaviour. Schools may refer these applications to Torbay’s Pupil Referral Panel. This is a panel of school leaders and senior LA officers who discuss the applications individually and decide what is in the best interests of the child or young person. The panel meets fortnightly during term time. You can see the protocol on the council’s website at www.torbay.gov.uk .
Children with an Education, Health & Care Plan are not covered by the Fair Access Protocol.
Parents are entitled to ask for a change of school at any time during the year but the change of school will not normally take place until the beginning of the next half-term unless:
Parents must accept the school place within ten school days of the date of the offer. The latest agreed start date will not be more than four school weeks from the offer date or the start of the next half term, whichever is later. The school will only hold the place open for the child for ten school days from the agreed start date.
If the child does not attend on the agreed start date, the school will make contact to find out what the problem is. If the child is sick, the parent must send a medical certificate from the doctor for the school to keep the place open beyond the 10th day.
If the ten-day deadline is reached and the child has not started at the school, the LA will write to the parent to tell them that the place will be withdrawn unless the parent makes immediate contact and has a good reason for the child’s absence from the school.
An offer will only be withdrawn if
Where more than one parent applies for a school place for a child and different schools are requested, or the same schools but in a different order, the LA will contact both parents and ask them to reach agreement on the preferred schools and the order of preference.
Parents’ applications are subject to Data Protection legislation and LA will not share the content of an application with a third party without the agreement of the person completing the application unless there is a legal requirement or reason to do so. The LA will however inform another person with parental responsibility that an application has been made and pass on the schools named as preferences if asked to do so. The LA will first check with the person who made the application whether there is any legal reason not to disclose this information.
Where no agreement can be reached by parents, places may be offered at two schools and one offer will be removed when the child is physically admitted to the other school as a child cannot have two school places. Parents will be asked to settle their disputes if at all possible as uncertainty can be upsetting for the child.
Admission authorities must keep waiting lists for at least the autumn term in both year 7 and in reception year. The LA will maintain a waiting list on behalf of all schools participating in this scheme for all year groups. The LA will put new applications on the waiting list if a preferred school is full. Schools must notify the LA if a place becomes available. All the children on the waiting list at that date will then be re-ranked according to the oversubscription criteria. The LA will contact parents of the child at the top of the list to offer the place and invite them to accept it.
Parents wanting to keep their child on the waiting list must email or write to the LA before the start of each half term to keep their child on the waiting list for that half term. Otherwise, their name will be removed. For children in Reception and year 7, parents wanting to keep their child’s name on the waiting list after the autumn term will need to complete an in-year application form to continue on the waiting list from January. All parents will need to complete a new application form for their child to continue on the waiting list in the following academic year unless they have completed a form on or after 1 June. This is to ensure that the council has up to date information on which to make decisions about priority for school places.
A parent will have the right of appeal for a place at any school they have been refused. The appeal will be heard by an independent appeals panel. More information about this process is available at www.torbay.gov.uk . Parents also have the right to go to the Ombudsman if they are dissatisfied with the way an appeal has been handled.