Policy Statement

The London Borough of Waltham Forest recognises that children requiring placement through the Fair Access Protocol during the Primary phase may have experienced disruption, vulnerability or other circumstances that make securing and sustaining an appropriate school place particularly important.

Fair Access arrangements in the Primary phase will therefore be applied in a child-centred, equitable and timely manner, with particular attention to educational continuity, individual need, safeguarding, successful transition and the sustainability of the placement.

Primary schools share collective responsibility for supporting the effective operation of the Fair Access Protocol and the fair distribution of eligible children across the borough.

14.1 Principles

The operation of Fair Access in the Primary phase will be guided by the principles established throughout this Protocol.

In particular:

• the needs and best interests of the child should remain central to consideration;
• eligible children should access suitable education without unnecessary delay;
• responsibility for Fair Access placements should be shared equitably between schools;
• decisions should take account of the individual circumstances of the child rather than being based solely on the availability of places;
• educational continuity and placement stability should be promoted;
• relevant safeguarding, SEND, medical, social and family circumstances should be considered;
• the views of parents or carers and, where appropriate, the child should inform consideration;
• reasonable geographical and travel considerations should be taken into account; and
• transition and support should be considered as part of securing a successful and sustainable placement. 

14.2 Consideration of Primary Placements

Where an eligible Primary-aged child requires a mainstream school place through the Fair Access Protocol, the Fair Access Panel will consider the most appropriate receiving school in accordance with Section 13 — Allocation of Mainstream Places.

Consideration should include, where relevant:

• the child's age and year group;
• previous educational history;
• continuity of education;
• individual educational, safeguarding and pastoral needs;
• SEND and reasonable adjustments where relevant;
• sibling and family circumstances where appropriate;
• reasonable travel and geographical considerations;
• the child's previous experience of school;
• the distribution of previous Fair Access placements;
• relevant circumstances of potential receiving schools; and
• the likelihood of securing a successful and sustainable placement. 

No single factor should automatically determine the recommendation. The Panel should consider the available information as a whole and exercise balanced, evidence-based and proportionate professional judgement.

14.3 Fair Distribution

Primary schools participating in the Fair Access Protocol share responsibility for ensuring that eligible children are able to access suitable mainstream education.

Fair distribution should be considered in accordance with Section 3 — Ensuring Fair Distribution of Places.

The number of Fair Access placements previously received by a school is relevant but should not be considered in isolation.

The Panel should consider the wider context, including the size and circumstances of the school, year-group pressures, previous Fair Access placements and the individual circumstances and needs of the child.

Fair distribution should support equitable responsibility between schools while ensuring that decisions remain child-centred.

14.4 School Place Availability

The Fair Access Protocol exists to secure school places for eligible children who may otherwise experience difficulty securing suitable education through normal admission arrangements.

The absence of an available place should therefore not, by itself, prevent a school from being considered through Fair Access where the statutory and local Fair Access arrangements permit admission above the normal admission number.

Any recommendation must nevertheless take account of relevant statutory restrictions, including infant class size legislation, where applicable.

The application of infant class size requirements to Fair Access placements is addressed separately in Section 14.1 — Infant Class Size Legislation.

14.5 Children with Additional or Complex Needs

Where a Primary-aged child has additional or complex needs, the Panel should consider the information necessary to understand how those needs may affect the proposed placement and transition.

The existence of additional needs should not in itself be treated as a reason why a child cannot be successfully included within mainstream education.

Where relevant, consideration should be given to:

• Ordinarily Available Provision;
• reasonable adjustments;
• existing professional involvement;
• appropriate pastoral or inclusion support;
• safeguarding arrangements;
• transition planning; and
• wider multi-agency involvement. 

Where a child has an Education, Health and Care Plan, the appropriate statutory SEND processes must be followed.

Fair Access should not be used as a substitute for statutory SEND procedures.

14.6 Transition and Admission

Once a receiving school has been identified through the Fair Access process, admission and transition arrangements should be progressed without unnecessary delay.

The receiving school should be provided with relevant and proportionate information necessary to support a safe and effective transition.

Transition planning should be appropriate to the individual child and may include:

• liaison with the previous school or educational setting;
• engagement with parents or carers;
• involvement of the child;
• transfer of relevant educational information;
• safeguarding information;
• SEND or medical information;
• identification of appropriate pastoral support;
• reasonable adjustments;
• involvement of relevant professionals; and
• arrangements for the child's first days and weeks in the receiving school. 

Transition arrangements should support admission rather than create unnecessary delay.

14.7 Supporting a Sustainable Placement

The objective of the Fair Access process is not simply to secure admission to a school, but to support a placement that has a reasonable prospect of being successful and sustainable.

The receiving school should use its usual inclusive, pastoral and educational arrangements to support the child following admission.

Where additional needs or emerging difficulties are identified, schools should consider the appropriate graduated response and seek relevant support through the Council's wider inclusion arrangements where necessary.

A Fair Access placement should not result in lower expectations for the child's educational participation, inclusion or achievement.

14.8 Roles and Responsibilities

The Fair Access Panel will consider eligible Primary referrals and recommend the mainstream school considered most appropriate to receive the child.

The School Admissions Team will coordinate implementation following the Panel's recommendation and liaise with the relevant admission authority.

The admission authority will undertake the formal admission decision/process in accordance with its statutory responsibilities.

The receiving school will support admission, transition and successful integration.

Relevant multi-agency professionals should contribute information, advice or support within their respective professional responsibilities where appropriate.

14.9 Key Practice Points

• Primary Fair Access decisions should remain child-centred.
• Eligible children should access education without unnecessary delay.
• Fair distribution is a shared responsibility across Primary schools.
• Placement decisions should consider the whole circumstances of the child and potential receiving school.
• The absence of a vacancy does not automatically prevent consideration through Fair Access.
• Infant class size requirements must be considered separately where applicable.
• SEND processes must not be replaced by Fair Access.
• Transition planning should support rather than delay admission.
• The receiving school's responsibility extends beyond admission to supporting successful integration.
• The aim is a successful and sustainable mainstream placement, not simply the allocation of a school place. 

14.1 Infant Class Size Legislation

Policy Statement

The London Borough of Waltham Forest will operate the Fair Access Protocol in the Primary phase in accordance with statutory infant class size requirements.

Infant class size legislation places specific restrictions on the number of pupils who may ordinarily be taught in an infant class by a single school teacher. These requirements must therefore be considered when identifying an appropriate receiving school for a child through the Fair Access Protocol.

Fair Access does not, in itself, remove or override infant class size legislation.

14.1.1 Statutory Context

An infant class is a class in which the majority of children will reach the age of five, six or seven during the school year.

An infant class must not ordinarily contain more than 30 pupils with a single school teacher.

The legislation provides for limited circumstances in which additional children may lawfully be admitted and treated as excepted pupils.

Where an exception applies, the child may be admitted without the admission resulting in a breach of the statutory infant class size limit for the period during which the child remains an excepted pupil.

14.1.2 Excepted Pupils

The statutory framework identifies categories of children who may be admitted as excepted pupils. These include:

• children admitted outside the normal admissions round with an Education, Health and Care Plan specifying the school;
• looked after and previously looked after children admitted outside the normal admissions round;
• children admitted after the initial allocation of places because of a procedural error by the admission authority or local authority;
• children admitted following a successful independent admission appeal;
• children who move into the area outside the normal admissions round for whom there is no other available school within reasonable distance;
• children of UK service personnel admitted outside the normal admissions round;
• a twin or other child from a multiple birth where their sibling is admitted otherwise than as an excepted pupil; and
• certain children with special educational needs who are normally taught in a SEN unit attached to the school, or registered at a special school, who attend some infant classes within the mainstream school. 

An excepted pupil remains excepted for the period provided for by the statutory framework, including until class numbers fall back to the statutory limit where applicable.

14.1.3 Relationship with Fair Access

A child being eligible for consideration under the Fair Access Protocol does not automatically make that child an excepted pupil for infant class size purposes.

Where the Fair Access Panel is considering a Reception, Year 1 or Year 2 placement that could result in an infant class exceeding the statutory limit, the relevant admission authority and the Council must therefore establish whether one of the statutory exceptions applies.

The Fair Access Panel should not recommend a placement on the assumption that Fair Access status alone permits the infant class size limit to be exceeded.

The requirement for schools to participate in Fair Access and admit children in accordance with the Protocol continues to operate within the wider statutory admissions framework, including infant class size legislation.

14.1.4 Children Moving into the Area

One statutory exception is particularly relevant to some Fair Access cases.

A child may be treated as an excepted pupil where they move into the area outside the normal admissions round and there is no other available school within reasonable distance.

Whether this exception applies must be determined from the circumstances of the individual case.

Fair Access eligibility should not be treated as a substitute for establishing that the statutory conditions for the exception are satisfied.

14.1.5 Placement Considerations

Where infant class size legislation is relevant, the Panel should consider:

• whether the proposed placement would result in an infant class exceeding 30 pupils with a single school teacher;
• whether the child falls within a statutory excepted-pupil category;
• whether another suitable school place is available within reasonable distance;
• the child's individual needs and circumstances;
• educational continuity;
• reasonable travel considerations;
• fair distribution between schools; and
• the need to secure suitable education without unnecessary delay. 

Infant class size considerations should form part of the overall placement assessment and should be identified before a recommendation is finalised.

14.1.6 Governance and Decision-Making

The Fair Access Panel should receive sufficient information to understand whether infant class size legislation is relevant to a proposed placement.

The Fair Access Panel remains responsible for recommending the mainstream school considered most appropriate under the Protocol.

The School Admissions Team will coordinate implementation and ensure that relevant infant class size considerations are identified.

The relevant admission authority remains responsible for the formal admission decision/process and for ensuring that admission arrangements comply with statutory requirements.

Nothing within the Fair Access Protocol authorises the Panel, Council or an admission authority to disregard statutory infant class size requirements.

14.1.7 Record Keeping

Where infant class size legislation materially affects consideration of a Fair Access placement, the relevant decision-making record should clearly identify:

• that infant class size requirements were considered;
• whether the proposed admission would exceed the ordinary statutory limit;
• whether an excepted-pupil category was considered applicable;
• the basis for that conclusion; and
• how this affected the placement recommendation. 

This will support transparent and legally robust decision-making.

14.1.8 Key Practice Points

• Infant classes must ordinarily contain no more than 30 pupils per single school teacher.
• Only defined statutory circumstances permit additional children to be treated as excepted pupils.
• Fair Access eligibility does not itself constitute an infant class size exception.
• The potential application of an exception must be considered on the facts of the individual case.
• A child moving into the area outside the normal admissions round may be excepted where there is no other available school within reasonable distance.
• Infant class size implications should be identified before the Panel's recommendation is finalised.
• Fair distribution remains relevant but cannot override statutory requirements.
• The admission authority retains responsibility for ensuring the formal admission process complies with the law.
• Infant class size requirements should not result in avoidable delay while an eligible child remains without suitable education.