Academies must abide by the schools admissions code as it applies to maintained schools, which includes statutory requirements on selection by aptitude and selection using banding.
Over-subscription criteria are included in each academy’s funding agreement. Of the 83 open academies, if over-subscribed, 17 academy funding agreements allow for selection of 10 per cent. of pupils by aptitude in a relevant specialism; 26 allow for banding by reference to the ability range of applicants and three allow for banding with reference to the national ability range. There are no funding agreements that allow for banding with reference to the ability range of pupils in the local area.