Policy Statement
The Fair Access Panel provides the partnership forum through which eligible Fair Access referrals are considered and recommendations regarding suitable mainstream placements are made.
Effective governance is essential to ensuring that the Panel operates consistently, transparently, equitably and in accordance with the School Admissions Code and this Protocol.
The Panel's detailed operational governance arrangements will be set out in its Terms of Reference, which should be read alongside this section.
19.1 Purpose of the Fair Access Panel
The Fair Access Panel exists to:
The Panel operates within the framework established by this Protocol and does not replace the statutory responsibilities of admission authorities, schools or the Council.
19.2 Membership
Membership should provide appropriate representation from schools, the Council and other relevant partners necessary to support effective and informed Fair Access decision-making.
Detailed membership arrangements, including representation, attendance and substitutes, will be specified within the Fair Access Panel's Terms of Reference.
Members are expected to participate constructively and to support the collective operation of the Protocol.
19.3 Chairing
The Panel will be chaired in accordance with the arrangements specified within its Terms of Reference.
The Chair is responsible for supporting orderly, balanced and timely consideration of cases and ensuring that the principles of the Protocol are applied consistently.
19.4 Frequency of Meetings
The Panel will meet with sufficient frequency to enable eligible children and young people to be considered and placed without unnecessary delay.
Detailed meeting arrangements will be contained within the Terms of Reference and may be reviewed in response to operational need.
19.5 Quorum
The quorum required for formal Panel business will be specified within the Terms of Reference.
Quorum arrangements should ensure that decisions are informed by appropriate representation while avoiding unnecessary delay to children awaiting educational provision.
19.6 Decision-Making
The Panel should seek to reach recommendations through professional discussion and consensus wherever possible.
Recommendations should be:
Where consensus cannot be achieved, the decision-making mechanism contained within the Terms of Reference will apply.
19.7 Conflicts of Interest
Panel members should identify any actual or potential conflict of interest relevant to a case.
The Chair will determine how that conflict should be managed in accordance with the Terms of Reference.
The existence and management of a material conflict should be appropriately recorded.
19.8 Confidentiality and Information Governance
Panel members will have access to information relating to children and families that may be sensitive or confidential.
Information must therefore be handled in accordance with applicable data protection, safeguarding and information-governance requirements.
Information should be shared on a proportionate and need-to-know basis for the purposes of fulfilling the responsibilities of the Fair Access Protocol.
Detailed operational arrangements for circulation, storage, retention and access to Panel documentation may be established separately.
19.9 Recording Recommendations
A clear record should be maintained of:
Records should provide sufficient information to demonstrate that the Protocol has been applied fairly and consistently without unnecessarily reproducing sensitive personal information.
19.10 Accountability
The Fair Access Panel operates as part of the Council's wider Fair Access governance arrangements.
The Council will maintain strategic oversight of the Protocol and use appropriate performance and operational information to assess whether arrangements are operating effectively.
The Panel itself does not remove or replace the statutory accountability of individual admission authorities.
19.11 Relationship with the Inclusion Panel
The Fair Access Panel and Inclusion Panel perform different functions.
The Inclusion Panel considers wider inclusion interventions and, where relevant, matters relating to Alternative Provision and readiness for reintegration.
The Fair Access Panel considers eligible Fair Access referrals where a mainstream school placement is required.
Clear distinction between these functions should be maintained.
19.12 Terms of Reference
The detailed Terms of Reference will sit alongside this Protocol and should include, as appropriate:
The Terms of Reference should be reviewed and amended to ensure consistency with the final approved Fair Access Protocol.