QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
1 Oxford Row Leeds West Yorkshire LS1 3BG |
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B e f o r e :
(Sitting as a Judge of the High Court)
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THE QUEEN ON THE APPLICATION OF BC | Claimant | |
v | ||
NORTH YORKSHIRE COUNTY COUNCIL | Defendant | |
and | ||
DEPARTMENT OF EDUCATION |
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Mr T Wilkinson appeared on behalf of the First Defendant
Miss Kitzing appeared on behalf of the Interested Party
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Crown Copyright ©
"It may ease your mind to know that any future change would be instigated by the school as part of their ongoing reviews of [B's] educational, social, emotional and physical development. It would only happen if there was clear evidence to demonstrate that such a move would be in the best interests of [B]."
Section 88C(1) provides:
"The admission authority for a maintained school in England must, before the beginning of each school year, determine in accordance with this section the admission arrangements which are to apply for that year."
Section 88D(1) provides:
"A determination under section 88C by the admission authority for a maintained school in England of the admission arrangements which are to apply for a school year must include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year."
Section 88E(1) provides:
"Subsection (2) applies where an admission authority
(a) have in accordance with section 88C determined the admission arrangements which are to apply for a particular school year, but
(b) at any time before the end of that year considered the arrangements should be varied in view of a major change in circumstances occurring since they were so obtained."
Section 88G(2) provides:
"Regulations may provide that, where this subsection applies in relation to a maintained school -
(a) the admission arrangements for the initial period and each of a prescribed number of school years following that period are to be the arrangements which fall to be implemented in accordance with the proposals..."
"A period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July."
It is universally recognised that the beginning of such first term is on or around 1st September.
"A local authority must formulate in relation to each academic year a qualifying scheme in relation to each primary and secondary school in their area. ('a qualifying scheme')."
"(2) Subject to subsection (3) the Secretary of State may make in relation to a local authority in England and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area."
By subsection (5) it is provided:
"'In this section
"academic year" means the period commencing with the 1st August and ending with the next 31st July."