Policy Statement
The London Borough of Waltham Forest recognises that children and young people requiring placement through the Fair Access Protocol during the Secondary phase may have experienced disruption to their education and may have a range of educational, pastoral, safeguarding or other needs that require careful consideration when identifying a suitable mainstream school.
Fair Access arrangements in the Secondary phase will therefore operate in a child-centred, equitable and timely manner, with particular attention to educational continuity, curriculum access, individual need, placement stability and successful transition.
Secondary schools share collective responsibility for supporting the effective operation of the Fair Access Protocol and the fair distribution of eligible children and young people across the borough.
15.1 Principles
The operation of Fair Access in the Secondary phase will be guided by the principles established throughout this Protocol.
In particular:
15.2 Consideration of Secondary Placements
Where an eligible Secondary-aged child or young person 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:
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.
15.3 Fair Distribution
Secondary schools participating in the Fair Access Protocol share responsibility for ensuring that eligible children and young people 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:
Fair distribution should support equitable responsibility between schools while maintaining child-centred decision-making.
15.4 School Place Availability
The absence of a vacancy should not, by itself, prevent a Secondary school from being considered through the Fair Access Protocol where admission above the normal admission number is permitted within the statutory admissions framework.
Fair Access arrangements are intended to support eligible children and young people who may otherwise experience difficulty securing a suitable mainstream school place.
Consideration of school capacity should therefore be balanced against:
15.5 Vulnerable Learners and Additional Needs
Children and young people considered through Secondary Fair Access may have experienced significant educational or personal disruption.
The Panel should ensure that relevant information is considered so that the proposed placement and transition can be properly understood and supported.
This may include information relating to:
The existence of additional or complex needs should not, in itself, be treated as a reason why a child or young person cannot be successfully included within mainstream education.
Where relevant, consideration should be given to Ordinarily Available Provision, reasonable adjustments and the appropriate graduated response.
Where a child or young person 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 those processes.
15.6 Curriculum Continuity
Curriculum continuity becomes increasingly important as children and young people progress through Secondary education.
The Panel should therefore consider, where relevant:
Curriculum considerations are particularly important for children and young people approaching or undertaking Key Stage 4.
They should inform the Panel's professional judgement but should not be used automatically to prevent an eligible child or young person from accessing suitable education.
Specific considerations relating to Year 11 students are addressed in Section 16 — Year 11 Students.
15.7 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.
Depending upon the circumstances of the child or young person, transition planning may include:
Transition arrangements should support admission and successful integration rather than create unnecessary delay.
15.8 Supporting a Successful and Sustainable Placement
The objective of Secondary Fair Access is not simply to secure admission to a school.
The aim is to support a placement that provides educational continuity and has a reasonable prospect of being successful and sustainable.
Following admission, the receiving school should use its usual educational, pastoral and inclusion arrangements to support the child or young person.
Where difficulties emerge, schools should consider the appropriate graduated response and relevant wider inclusion support before circumstances escalate unnecessarily.
Where additional intervention or Alternative Provision may need to be considered, this should be addressed through the appropriate arrangements established elsewhere in this Protocol.
15.9 Relationship with Managed Moves
A Fair Access placement and a Managed Move are separate processes.
Managed Moves are voluntary arrangements intended to support a planned transfer between mainstream schools in appropriate circumstances and are addressed in Section 9 — Managed Moves and the separate Waltham Forest Managed Move Protocol.
The Fair Access Panel does not determine Managed Moves.
A child or young person should not be routed through Fair Access simply as an alternative to following the appropriate Managed Move arrangements.
Equally, the availability of Managed Move arrangements should not prevent an eligible child or young person from being considered through Fair Access where a mainstream placement is required under this Protocol.
15.10 Partnership Working
Effective Secondary Fair Access depends upon constructive partnership working between schools, the Council, admission authorities and relevant professionals.
Partners should:
Differences of professional opinion should be addressed through Section 18 — Resolving Differences of Opinion and should not result in unnecessary delay for the child or young person.
15.11 Roles and Responsibilities
The Fair Access Panel will consider eligible Secondary referrals and recommend the mainstream school considered most appropriate to receive the child or young person.
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, professional advice or support within their respective responsibilities where appropriate.
Where additional inclusion intervention or Alternative Provision requires consideration, the respective role of the Inclusion Panel should be followed in accordance with the arrangements established elsewhere in this Protocol.
15.12 Key Practice Points