“(2) The code may impose requirements, and may include guidelines setting out aims, objectives and other matters, in relation to the discharge of their functions under this Chapter by local authorities and such governing bodies. (3) It shall be the duty of — (a) each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and (b) any other person when exercising any function for the purposes of the discharge by a local authority, or the governing body of a maintained school, of functions under this Chapter, to act in accordance with any relevant provisions of the code.”
"So it is plain that the adjudicator is exercising an original jurisdiction as to the appropriateness of admission arrangements. He is not reviewing a local education authority's decision, though obviously what they determine and why is very material."
“[3.1] The Schools Adjudicator mustconsider whether admission arrangements referred to the Adjudicator comply with the Code and the law relating to admissions…. [3.3] Any person or body who considers that any maintained school or Academy’s arrangements are unlawful, or not in compliance with the Code or relevant law relating to admissions, can make an objection to the Schools Adjudicator [3.4] The Adjudicator may also consider arrangements that come to the Adjudicator’s attention by other means which the Adjudicator considers may not comply with mandatory requirements.”
“The governing body must, in discharging its functions, comply with its trust deed and instrument of government. This includes the requirements to serve as a witness to the Catholic faith in Our Lord Jesus Christ, to comply with the requirements of canon law and to give priority to Catholic families”
“Section 84(3) of the 1998 Act imposes an obligation, first on the governors of the Oratory School and then on the adjudicator “to have regard to any relevant provisions of the Code”
“An instruction is a direction with which the recipient must comply. Guidance is advice which the recipient should heed and respect; it should ordinarily be followed but need not if there are special reasons for not doing so.”
“… an obligation to have regard to a policy is not the same as an obligation to follow it. However, the context and statutory provisions in question are vitally important. A policy cannot normally be applied without the possibility of departure because it would mean that the body in question had fettered its discretion to act as the justice of a particular case demanded…. The obligation to have regard to the policy recognises that there may be circumstances when it does not have to be applied to the letter but in my view there must be very good reasons indeed for not applying it.”
“In the absence of a considered decision that there is good reason to deviate from it, it must be followed”
“1. Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances. 2. The standards of fairness are not immutable. They may change with the passage of time, both in the general and in their application to decisions of a particular type. 3. The principles of fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects. 4. An essential feature of the context is the statute which creates the discretion, as regards both its language and the shape of the legal and administrative system within which the decision is taken. 5. Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result; or after it is taken, with a view to procuring its modification; or both. 6. Since the person affected usually cannot make worthwhile representations without knowing what factors may weigh against his interests fairness will very often require that he is informed of the gist of the case which he has to answer.”
“Assisting in the liturgy; for example by reading, singing in the choir or playing an instrument, altar serving, flower arranging. Assisting in parish pastoral work; by example by visiting those in need, participating in parish groups such as St Vincent de Paul, Catholic Women’s League, Union of Catholic mothers, Legion of Mary or similar prayer groups or societies. Examples of involvement in wider Catholic Church activities: Assisting in or membership of organisations or groups; Voluntary work by visiting or helping the sick, housebound or disadvantaged.”
“In these arrangements, “parent” means the parent or parents, or guardian, of the child (candidate) for whom a place at [the School] is being sought. Where the plural “parents” is used, it refers both to the mother and the father of the candidate or to the guardian of the candidate.”
“For the purposes of admission criteria, the term 'Catholic' is taken to denote a baptised person who is in full communion with the Catholic Church, that is to say, a member of any Catholic Church that is in full communion with the See of Rome. Membership of a Catholic Church is gained by baptism in that Church. It can also be gained by other baptised Christians who are subsequently received into the Catholic Church.”
“Whether the candidate has attended the London Oratory Primary School or any other Catholic School for the whole of their primary or secondary education, or the candidate’s parent(s) have fulfilled their obligation to ensure a Catholic education for their child. The wording in the 2015 admission form (for Year 3 candidates) was amended to read: “Whether the candidate’s parent(s) have fulfilled their obligations to ensure a Catholic education for their child. This is in accordance with Canon Law, canon 798, … This should be endorsed by evidence such as attendance at a Catholic school, parish catechism classes over primary years, or other alternative provision.”
“Whether the candidate’s parent(s) have fulfilled their obligation to ensure a Catholic education for their child. This is in accordance with Canon Law, canon 798… This should be endorsed by evidence such as attendance at any Catholic School named in the Westminster, Southwark or Brentwood pages of the Catholic directory website… (“the named feeder schools”), parish catechism classes over primary years or other alternative provision.”
“Admission authorities may wish to name a primary or middle school as a feeder school. The selection of a feeder school or schools as an oversubscription criteria must be transparent and made on reasonable grounds”
“Twenty boys will be admitted to the Junior House at the age of seven for a specialist musical education. Of the twenty places, ten may be offered to choristers … Candidates will be tested for general ability and will be tested aurally and orally for general musical aptitude and potential, and, in the case of a chorister, for choral aptitude and suitability as a chorister. The purpose of the audition is to assess the candidate’s musical potential and suitability as a chorister. The purpose of the audition is to assess the candidate’s musical potential and suitability for a specialist musical education at the School. A candidate whose application for a place as a chorister is unsuccessful, may still be considered for a place as a non-chorister.”
“If space is provided for two parents to sign, my belief is that even if both signatures are not required most parents would be loathe not to do so, believing that this would convey a negative message to the school.”
“The admission authority must, before determining the admission arrangements that are to apply for a year, carry out such consultation about the arrangements as may be prescribed.”
“(1) During a period of consultation an admission authority must— (a) publish their proposed admission arrangements on their website (if they have one), together with details of the person within the admission authority to whom comments may be sent, for the duration of the consultation held by virtue of regulation 12(1) and (2), and (b) send upon request to each person who must be consulted by virtue of sub-paragraphs (a) to (f) of regulation 12(2) a copy of the proposed admission arrangements, inviting their comments.”
“I have been unable to find any suggestion in the correspondence that the addressees [of the e-mails in which changes to the admissions procedure were notified] should bring the school’s proposed arrangements to the attention of the parents of children in the required age range. The school has provided me with no evidence either of any newspaper or similar advertisements which would have had this effect. In summary I have seen nothing which I can say constitutes a meaningful attempt to bring the school’s proposed arrangements to the attention of the group in question…. I have come to the view that the school did not meet the requirement of paragraph 1.44(a) of the Code [i.e. parents of children aged between two and eighteen] concerning consultation… ”
“To be proper, consultation must be undertaken at a time when proposals are still at a formative stage; it must include sufficient reasons for particular proposals to allow those consulted to give intelligent consideration and an intelligent response; adequate time must be given for this purpose; and the product of consultation must be conscientiously taken into account when the ultimate decision is taken.”