Policy Statement

Fair Access decisions should be made transparently, consistently and on the basis of relevant information.

Children, parents or carers, schools and admission authorities should be provided with clear information about the outcome of the Fair Access process and the next steps that follow.

The Fair Access Protocol does not create a separate statutory right of appeal against a recommendation of the Fair Access Panel.

Any statutory rights relating to school admission decisions remain governed by the relevant admissions legislation and procedures.

20.1 Notification of Panel Recommendations

Following consideration by the Fair Access Panel, the outcome should be recorded and communicated to the relevant parties through the School Admissions Team.

The notification should provide sufficient information to explain:

• the outcome of consideration;
• the receiving school recommended by the Panel where applicable;
• the next steps in the admissions process; and
• any actions required from relevant parties. 

20.2 Reconsideration

There may be exceptional circumstances in which a Fair Access recommendation needs to be reconsidered.

Reconsideration is not intended to provide a separate local appeal process or an opportunity simply to rehearse arguments already considered by the Panel.

Reconsideration may be appropriate where, for example:

• significant new information becomes available that was not available when the case was considered;
• material information considered by the Panel is subsequently found to have been inaccurate;
• a significant change in the child or young person's circumstances occurs before admission; or
• there is evidence that the agreed Fair Access process was not properly followed.  

Any request for reconsideration should identify the substantive reason why reconsideration is sought.

20.3 Effect of Reconsideration

A request for reconsideration should not automatically suspend appropriate action arising from the original recommendation.

The Council will determine, having regard to the circumstances of the individual case, whether any implementation action should be paused while the matter is reconsidered.

The overriding objective should remain to avoid unnecessary interruption to the child or young person's education.

20.4 Statutory Admission Decisions and Appeals

The Fair Access Panel recommends an appropriate receiving school.

The relevant admission authority remains responsible for the formal admission decision in accordance with its statutory responsibilities.

Nothing in this Protocol removes, replaces or limits any statutory rights that a parent, carer or young person may have in relation to a formal school admission decision.

Where a statutory right of appeal applies, information about that right should be provided through the appropriate admissions process.

20.5 Complaints

Concerns about the administration of the Fair Access process should be distinguished from disagreement with the professional merits of a Panel recommendation or a statutory admission decision.

Complaints regarding Council administration should be considered through the appropriate Council complaints arrangements.

Complaints concerning another body should be addressed through the relevant organisation's complaints procedures.

A complaints process should not be used as a substitute for any statutory admission appeal right.

20.6 Key Practice Points

• Fair Access Panel recommendations should be clearly recorded and communicated.
• The Protocol does not create a separate statutory Fair Access appeal.
• Reconsideration is reserved for substantive circumstances, such as significant new information or material procedural concerns.
• Reconsideration should not become a duplicate decision-making process.
• Admission authorities retain responsibility for formal admission decisions.
• Existing statutory admission rights remain unaffected.
• Complaints and statutory admission appeals are separate processes. 

The child's access to education should not be unnecessarily delayed while issues are resolved.