Policy Statement

The effective operation of the Fair Access Protocol depends upon constructive partnership working, shared responsibility and timely resolution of differences between participating schools, admission authorities, the Council and other partners.

Differences of professional opinion may arise. Where they do, they should be addressed promptly, transparently and professionally, with the educational needs and best interests of the child or young person remaining central.

A difference of opinion should not result in avoidable delay in securing suitable education.

18.1 Principles

Where differences arise, all parties should seek to resolve them through:

• constructive professional dialogue;
• reference to the agreed principles and requirements of this Protocol;
• consideration of all relevant evidence;
• clarity about respective statutory and operational responsibilities;
• proportionate escalation where necessary; and
• continued focus on securing timely education for the child or young person. 

18.2 Differences During Panel Consideration

Members of the Fair Access Panel may hold different professional views about the most appropriate receiving school or support arrangements.

The Panel should seek to reach an agreed recommendation through discussion and consideration of the available evidence.

Where consensus cannot immediately be reached, the arrangements contained within the Fair Access Panel's Terms of Reference should be followed.

The existence of disagreement should not prevent the Panel from progressing a case in accordance with its agreed governance arrangements.

18.3 Concerns Raised by Schools or Admission Authorities

Where a school or admission authority has concerns regarding a proposed Fair Access placement, those concerns should be clearly explained and supported by relevant information.

The Panel should give proper consideration to substantive information presented by the school or admission authority.

Concerns should be considered alongside:

• the individual circumstances and needs of the child;
• fair distribution;
• previous Fair Access placements;
• relevant school circumstances;
• safeguarding;  
• SEND and reasonable adjustments;
• educational continuity; and
• the need to avoid unnecessary delay. 

18.4 Escalation

Where a difference cannot be resolved through normal discussion, it should be escalated in accordance with the governance arrangements established by the Council and the Fair Access Panel's Terms of Reference.

Escalation should be proportionate and should seek to resolve the substantive issue as quickly as possible.

The Council will maintain oversight of unresolved matters and, where appropriate, facilitate further discussion between the relevant parties.

18.5 Maintaining Education

Where a difference of opinion remains unresolved, all parties should continue to discharge their respective responsibilities towards the child or young person.

Administrative or professional disagreement should not result in a child being left without suitable educational provision for longer than necessary.

18.6 Recording and Learning

Material differences of opinion and their resolution should be recorded where appropriate.

Where recurring issues are identified, these should inform the strategic monitoring and review arrangements described in Section 21.

This enables the Council and schools to distinguish isolated case disagreement from wider systemic or operational issues requiring attention.

18.7 Key Practice Points

• Professional disagreement is sometimes unavoidable.
• Differences should be resolved through constructive dialogue wherever possible.
• The child's educational needs and best interests remain central.
• Evidence should support substantive concerns.
• Disagreement should not cause unnecessary delay.
• Escalation should be proportionate.
• Material or recurring issues should inform strategic review.