1.1 Purpose of the Fair Access Protocol

The Fair Access Protocol ("the Protocol") forms part of the statutory framework governing school admissions in England. It has been established to ensure that, outside the normal admissions round, vulnerable and unplaced children who meet the criteria set out in the School Admissions Code are allocated a suitable mainstream school place as quickly as possible, even where a school has reached its Published Admission Number.

The Protocol supports the Council's wider statutory responsibilities to secure suitable education for children of compulsory school age and provides a transparent, equitable and collaborative framework through which all admission authorities work together to ensure that vulnerable children are not left without access to education.

The Protocol applies only to children who meet the eligibility criteria set out within this document and does not replace the normal admissions process. Parents and carers retain their statutory rights to express a preference for a school, make an in-year admission application and, where applicable, exercise their right of appeal against the refusal of a school place. 

1.2 Statutory Framework

This Protocol has been developed in accordance with the requirements of the School Admissions Code and relevant education legislation.

It should be read alongside:

• the Council's published admissions arrangements;
• relevant admissions legislation;
• statutory guidance issued by the Department for Education;
• legislation and statutory guidance relating to safeguarding, children in care, special educational needs and disabilities (SEND), exclusions and Alternative Provision; and
• any other relevant legislation applicable to the admission and education of children. 

Where there is any inconsistency between this Protocol and legislation or statutory guidance, the legislation or statutory guidance will take precedence. 

1.3 Purpose and Principles

The purpose of the Protocol is to ensure that:

• children eligible for consideration under the Fair Access Protocol are admitted to a suitable mainstream school without unnecessary delay;
• responsibility for admitting eligible children is shared fairly between all eligible schools;
• decisions are made transparently, consistently and in the best interests of the child;
• schools, the Council and partner agencies work collaboratively to secure appropriate educational provision; and
• no individual school is required to admit a disproportionate number of children through the Fair Access Protocol where this would place an unreasonable burden on the school. 

The Protocol is underpinned by the following principles:

• Child-centred decision-making — the needs and best interests of the child will remain the primary consideration in all decisions.
• Timely access to education — children should access suitable education without avoidable delay.
• Fairness and transparency — decisions will be evidence-based, consistent and capable of clear explanation.
• Shared responsibility — all admission authorities and relevant partners share collective responsibility for supporting vulnerable children.
• Inclusion — wherever appropriate, children should be supported to access and succeed in mainstream education.
• Partnership working — effective collaboration between schools, the Council and partner agencies is essential to the successful operation of the Protocol. 

1.4 Legal Duties and Responsibilities for Local Authorities

Purpose

The Council has a statutory responsibility to ensure that arrangements are in place to secure suitable education for children of compulsory school age within its area.

The Fair Access Protocol forms part of those arrangements and supports the Council in ensuring that vulnerable and unplaced children who meet the criteria set out in the School Admissions Code are admitted to a suitable mainstream school as quickly as possible.

The Council is responsible for coordinating the operation of the Fair Access Protocol, working collaboratively with admission authorities, schools and partner agencies to ensure that decisions are made fairly, transparently and in the best interests of children.

Statutory Duties

In accordance with the School Admissions Code and other relevant legislation, the Council must:

• establish and maintain a Fair Access Protocol developed in partnership with local admission authorities;
• ensure that the Protocol is applied fairly, consistently and transparently;
• coordinate arrangements for considering children who meet the criteria for placement under the Fair Access Protocol;
• promote the fair distribution of admissions between eligible schools so that no individual school is required to admit a disproportionate number of children through the Protocol;
• have regard to its wider statutory responsibilities relating to safeguarding, promoting the welfare of children, equality of opportunity and securing suitable education for children of compulsory school age; and
• ensure that the operation of the Protocol does not prejudice parents' statutory rights to express preferences for schools, make in-year admission applications or exercise rights of appeal where applicable. 

Operational Responsibilities

In fulfilling its statutory duties, the Council will:

• administer the Fair Access Protocol on behalf of all participating admission authorities;
• receive and review referrals to determine whether they meet the published eligibility criteria for consideration under the Protocol;
• request further information where necessary to enable informed decision-making;
• convene and administer meetings of the Fair Access Panel;
• provide Panel members with relevant information to support evidence-based decision-making;
• communicate Panel decisions promptly to the referrer, parents or carers, admission authorities and receiving schools, as appropriate;
• monitor the implementation of Panel decisions and support timely admissions;
• maintain appropriate records of referrals, decisions and outcomes;
• monitor the operation and effectiveness of the Protocol, including the distribution of placements across eligible schools; and
• review the Protocol periodically in consultation with schools and admission authorities to ensure that it remains compliant with legislation, reflects local operational practice and continues to meet the needs of children. 

1.5 Legal Duties and Responsibilities for Schools

Policy Statement

All state-funded mainstream schools, including maintained schools, academies and free schools, share collective responsibility for ensuring that children eligible for consideration under the Fair Access Protocol are admitted to suitable education without unnecessary delay.

Participation in the Protocol is an essential element of the borough's coordinated approach to securing fair access to education and promoting inclusion.

Schools are expected to work collaboratively with the Council, admission authorities and partner agencies to support the equitable distribution of placements and the successful integration of children admitted through the Protocol.

Purpose

This section sets out the statutory duties and operational responsibilities of schools participating in the Fair Access Protocol. It should be read alongside the School Admissions Code, the school's own admission arrangements and the wider provisions of this Protocol.

Statutory Duties

Admission authorities and schools must:

• participate in the Fair Access Protocol in accordance with the School Admissions Code;  
• cooperate with the Council in the operation of the Protocol;
• admit children allocated through the Fair Access Protocol, including where this requires admission above the school's Published Admission Number, unless an exception permitted by law applies;
• have regard to their statutory duties relating to safeguarding, equality, children in care, children previously in care and children with special educational needs and disabilities (SEND);
• ensure that admission arrangements are applied fairly, consistently and without discrimination; and
• support the Council in securing timely educational provision for children who meet the criteria for consideration under the Protocol. 

Operational Responsibilities

Schools participating in the Protocol will:

• engage constructively in the operation of the Fair Access Protocol;
• nominate the Headteacher or an appropriately senior representative to attend Fair Access Panel meetings wherever possible;
• provide written representations where attendance at a Panel meeting is not required and where this will assist the Panel's consideration of a referral;
• consider referrals openly and objectively, taking account of the information presented to the Panel;
• work collaboratively with the Council and partner agencies to facilitate timely admissions; and
• support the successful transition and integration of children admitted through the Protocol. 

Participation in the Fair Access Panel

Schools play an important role in supporting transparent and equitable decision-making.

Representatives attending the Fair Access Panel should:

• have sufficient seniority and authority to contribute to discussions on behalf of the school;
• consider referrals in accordance with the principles and procedures set out in this Protocol;
• contribute constructively to collective decision-making;
• respect the confidentiality of information shared for the purposes of the Panel; and
• declare any actual or potential conflicts of interest in accordance with the Panel's governance arrangements. 

The school must provide a referral and where required a written representation where appropriate to support the Panel's deliberations.

Admission Following a Fair Access Panel Decision

Where a school is identified by the Fair Access Panel as the most appropriate placement, the school will admit the child within five school days of the Panel's decision, unless an alternative admission date has been agreed by the Council in the child's best interests.

Schools should work with the Council, parents or carers and relevant professionals to ensure that appropriate transition arrangements are in place prior to admission wherever practicable.

Supporting Successful Integration

Admission to a school is the beginning of the placement process rather than its conclusion.

Schools will, where appropriate:

• undertake appropriate induction and transition planning;
• identify any immediate pastoral or educational support required;
• work collaboratively with parents or carers and relevant professionals;
• monitor the child's attendance, engagement and progress during the initial period following admission; and
• raise any emerging concerns through the appropriate Council processes so that additional support can be considered where necessary. 

The Council recognises that children admitted through the Fair Access Protocol may require additional support to achieve a successful and sustainable placement. Schools are encouraged to adopt an inclusive and restorative approach, working in partnership with the Council and other agencies to promote positive educational outcomes.

Partnership Working

The effective operation of the Fair Access Protocol depends upon mutual trust, transparency and shared responsibility between schools, admission authorities, the Council and partner agencies.

Schools are expected to contribute positively to the operation of the Protocol and to support collective decision-making that promotes the best interests of children while ensuring the fair distribution of placements across the borough. 

1.6 Legal Duties and Responsibilities for Parents and Carers

Policy Statement

Parents and carers are important partners in securing successful educational outcomes for children considered through the Fair Access Protocol.

The Council and schools will seek to involve parents and carers appropriately throughout the process and ensure that they receive clear information about relevant decisions and next steps.

Statutory Rights

The operation of the Fair Access Protocol does not remove parents' or carers' statutory rights in relation to school admissions.

Parents and carers retain the right to:

• apply for a school place;
• express a preference for a school;
• receive information about admission decisions; and
• exercise any statutory right of appeal available to them. 

Parents' and Carers' Responsibilities

Parents and carers are encouraged to:

• provide relevant and accurate information about their child's circumstances;
• engage constructively with the Council, schools and relevant professionals;
• participate in meetings where appropriate;
• support agreed transition arrangements;
• ensure their child attends school in accordance with statutory requirements once admitted; and
• work collaboratively with professionals to address barriers to successful education. 

Attendance and Engagement

Following admission, parents and carers are expected to support regular attendance and engagement with education.

Where difficulties arise, schools, the Council and relevant agencies should work collaboratively with the family to identify and address barriers wherever possible.

Communication

The Council and schools will seek to communicate clearly and respectfully with parents and carers throughout the Fair Access process.

Relevant decisions and next steps should be explained in an accessible manner, taking account of individual communication needs where appropriate.

Working Together

Successful placements are more likely where children, families, schools and professionals work together.

Parents and carers should therefore be encouraged to contribute to transition planning and to share information that may assist the receiving school in supporting their child successfully.