Policy Statement

The London Borough of Waltham Forest is committed to ensuring that children who may be eligible for consideration under the Fair Access Protocol are identified promptly and referred without unnecessary delay. Early identification and timely referral are essential to minimising interruptions to education and ensuring that children access suitable mainstream education as quickly as possible.

The Council, schools and partner agencies share a collective responsibility for identifying children who may require consideration under the Fair Access Protocol and for ensuring that referrals are supported by sufficient information to enable timely and informed decision-making.

Purpose

This section sets out the arrangements for identifying children who may be eligible for consideration under the Fair Access Protocol, the agencies responsible for making referrals, the information required to support referrals and the Council's quality assurance arrangements prior to consideration by the Fair Access Panel.

Scope of this Section

This section covers:

• identification of children who may be eligible for consideration under the Fair Access Protocol;
• referral routes into the Fair Access Protocol;
• referral information requirements;
• initial quality assurance of referrals; and
• escalation where further information is required. 

This section does not cover:

• determining eligibility under the Fair Access Protocol — see Section 5;
• Fair Access Panel decision-making — see Section 19;
• allocation of mainstream school places — see Section 13;
• commissioning of Alternative Provision or transfers between Alternative Provision settings, which are managed through the Council's Inclusion Panel; or
• statutory decisions relating to Education, Health and Care Plans. 

Identification of Children

Children who may be eligible for consideration under the Fair Access Protocol may be identified through a range of referral pathways.

Identification may arise following an in-year admission application, through professional involvement with the child or family, or where a child has experienced disruption to their education and may require support to secure a suitable mainstream school place.

Early identification should be supported by effective partnership working between the Council, schools and relevant agencies to minimise delays in accessing education.

Referral Sources

Where a child is attending Alternative Provision, referrals to the Fair Access Panel will normally relate only to the child's reintegration into a mainstream school.

Decisions relating to the commissioning of Alternative Provision placements, transfers between Alternative Provision settings, or the continuation of Alternative Provision are outside the scope of the Fair Access Protocol and are considered through the Council's Inclusion Panel arrangements.

Referral Information Requirements

Referrals should normally include sufficient information to enable an informed assessment of the child's circumstances.

This will normally include:

• completed Fair Access referral documentation;
• evidence demonstrating the child's eligibility under Section 5;
• admission history;
• previous educational history;
• continuity of education;
• educational aspirations and long-term educational outcomes;
• attendance information;
• safeguarding information, where relevant;
• behaviour information, where relevant;
• information relating to any special educational needs or disabilities;
• medical information, where relevant;
• professional reports;
• risk assessments, where appropriate;
• parental views;
• the child's views, where appropriate and having regard to their age and understanding; and
• any other information relevant to the referral. 

Initial Quality Assurance

Before a referral is presented to the Fair Access Panel, the Council will undertake an initial quality assurance review to ensure that:

• the referral falls within the scope of the Fair Access Protocol;
• sufficient information has been provided;
• the referral demonstrates an appropriate eligibility category under Section 5;  
• all relevant agencies have contributed information where appropriate;
• safeguarding concerns have been identified and appropriately considered;
• the child's views and the views of parents or carers have been obtained where appropriate; and
• the referral is ready for consideration by the Fair Access Panel. 

Where information is incomplete or clarification is required, the Council may request additional information before the referral proceeds.

Priority Referrals

Where a child is without suitable full-time education or there are safeguarding, welfare or other exceptional circumstances requiring urgent consideration, the Council may prioritise the referral to minimise delay in securing appropriate educational provision.

Priority consideration does not remove the requirement for the Fair Access Panel to make a lawful, evidence-based and proportionate decision.

Referral Timescales

These timescales represent local operational standards and may be varied where this is necessary in the child's best interests or because of exceptional circumstances.

Figure 6.1 — Referral Pathway

Child identified
↓
Eligibility considered
↓
Referral submitted
↓
Initial quality assurance
↓
Information complete?

No → Further information requested
↘

Yes → Fair Access Panel consideration
↙

Panel outcome
↓
Mainstream placement

Key Practice Points

• Refer children as early as possible to minimise time out of education.
• Ensure referrals are complete and supported by relevant information.
• Include the views of the child and parents or carers wherever appropriate.
• Consider educational continuity, aspirations and long-term outcomes.
• Identify safeguarding concerns at the earliest opportunity.
• Refer only matters that fall within the scope of the Fair Access Protocol. 

Governance Note

This section should be read alongside:

• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 13 — Allocation of Mainstream Places;
• Section 19 — Fair Access Panel Governance and Terms of Reference; and
• Section 21 — Monitoring and Strategic Overview.