Policy Statement

The Fair Access Protocol exists to ensure that vulnerable and unplaced children who meet the eligibility criteria set out in the School Admissions Code are able to access suitable, full-time education without unnecessary delay.

The London Borough of Waltham Forest is committed to ensuring that referrals are considered fairly, consistently and transparently, with the child's individual circumstances remaining at the centre of decision-making.

Meeting one or more of the eligibility categories described in this section enables a child to be considered under the Fair Access Protocol. It does not create an automatic entitlement to placement through the Protocol.

Purpose

This section identifies the categories of children who may be considered under the Fair Access Protocol.

It also explains how eligibility is assessed and the information that will normally support consideration by the Fair Access Panel.

Eligibility should always be considered alongside the principles set out elsewhere in this Protocol and the individual circumstances of the child.

Interpretation of Eligibility

The categories described in this section reflect the eligibility criteria contained within the School Admissions Code at the time this Protocol was adopted.

Where the School Admissions Code is amended, references within this Protocol should be interpreted in accordance with the revised statutory guidance.

The examples and information described within this section are intended to support consistent decision-making and should not be interpreted as creating additional eligibility criteria or limiting the professional judgement of the Council or the Fair Access Panel.

Each referral will be considered on its own individual merits. This interpretation provision was expressly added during the review of Section 5. 

How the Fair Access Protocol Operates

The operation of the Fair Access Protocol consists of three distinct stages.

Stage 1 — Eligibility

The Council will consider whether the child falls within one or more of the eligibility categories described in this section.

Meeting an eligibility category enables consideration under the Fair Access Protocol but does not determine the outcome of the referral.

Stage 2 — Referral

Where a child is considered eligible, the Council will ensure that sufficient information has been obtained to enable the referral to be considered.

Where necessary, additional information may be requested before the referral proceeds.

Stage 3 — Fair Access Panel Decision

The Fair Access Panel will consider all relevant information before determining whether the child should be admitted through the Fair Access Protocol and, if so, identify the most appropriate receiving school.

All decisions will be made in accordance with the principles set out in this Protocol.

Eligibility and Referral Pathway

Child requires a school place
↓
Stage 1 — Eligibility Assessment
↓
Eligible?

NO → Normal Admissions Process

YES
↓
Stage 2 — Referral and Information
↓
Stage 3 — Fair Access Panel
↓
Placement Decision
↓
Admission Arranged

Eligibility Categories

Children may be considered under the Fair Access Protocol where they fall within one or more of the categories identified in the School Admissions Code.

The detailed statutory eligibility categories will be maintained consistently with the School Admissions Code and the agreed supporting appendix arrangements.

For each category, consideration should include:

• the child's individual circumstances;
• the information available;
• whether the child meets the relevant eligibility criteria;
• the principles contained within this Protocol; and
• whether admission through the Fair Access Protocol is the most appropriate route to securing suitable education. 

Typical Sources of Information

The information listed above is intended as guidance only.

The Fair Access Panel may consider any other information that assists in understanding the individual circumstances of the child and supports a fair, transparent and evidence-based decision.

Assessment of Eligibility

Eligibility will be assessed on the basis of the information available at the time of referral.

Where further information is required, the Council may seek additional information before presenting the referral to the Fair Access Panel.

The Council may also determine that another statutory or local admission process is more appropriate where the Fair Access Protocol is not the correct route.

Where there is uncertainty as to whether a child meets the eligibility criteria, the Council may seek advice from relevant professionals or obtain additional information before determining the appropriate route for consideration. 

Children Not Normally Considered under the Fair Access Protocol

The Fair Access Protocol is not intended to replace:

• the normal in-year admissions process;
• statutory admission arrangements for children with an Education, Health and Care Plan;
• those requiring alternative provision, this would be managed through the Inclusion Panel
• routine parental preference applications; or
• other statutory admission routes. 

Children who do not meet the eligibility criteria will normally be admitted through the Council's ordinary admissions arrangements.

Key Practice Points

• Eligibility enables consideration; it does not determine the outcome.
• Every referral is considered on its own merits.
• Decisions are based on evidence, professional judgement and the child's individual circumstances.
• The Fair Access Panel retains discretion when determining the most appropriate placement.
• The objective is to secure the right placement, at the right time, with the right support. 

Cross References

This section should be read alongside:

• Section 3 — Ensuring Fair Distribution of Places;
• Section 4 — Information Sharing and Data Protection;
• Section 6 — Identification of Children;
• Section 13 — Allocation of Mainstream Places; and
• Section 19 — Fair Access Panel Governance and Terms of Reference.