Introduction

The Fair Access Protocol forms part of the London Borough of Waltham Forest's arrangements for ensuring that vulnerable and unplaced children are able to access suitable education without unnecessary delay.

The Protocol provides a clear, transparent and equitable framework through which the Council, schools, admission authorities and partner agencies work together to identify appropriate educational placements for children who meet the relevant Fair Access criteria.

The Council recognises that children considered through the Fair Access Protocol may have experienced disruption, instability or other circumstances that have affected their education. Decisions made under the Protocol should therefore seek not only to secure access to education, but to support educational continuity, inclusion, stability and positive long-term outcomes.

The effective operation of the Protocol depends upon collective responsibility and constructive partnership working between the Council, schools and relevant agencies. All partners have an important role in ensuring that vulnerable children are supported to access suitable education and that responsibility for Fair Access placements is shared fairly across the borough.

The Protocol should be read alongside the School Admissions Code, relevant education legislation, the Council's admission arrangements and other statutory guidance relevant to the education, safeguarding and welfare of children.

The London Borough of Waltham Forest is committed to:

• securing the right placement, at the right time, with the right support, so that every child has the opportunity to achieve positive educational, social and emotional outcomes.

Waltham Forest Vision for Inclusion

Waltham Forest is committed to an inclusive education system in which children and young people are supported to participate, belong, achieve and thrive within their local educational community wherever this is appropriate to their individual needs.

Fair Access forms part of a wider continuum of inclusion support.

The purpose of that wider system is not simply to respond when placements become difficult, but to identify needs early, provide appropriate support, prevent unnecessary educational disruption and enable children and young people to remain successfully engaged in education.

The Fair Access Protocol should therefore operate as part of the Council's wider inclusion arrangements rather than as an isolated admissions process.

Where mainstream education is appropriate, partners should work together to support successful and sustainable mainstream placements.

Where additional intervention is required, the appropriate inclusion arrangements should be considered.

Where Alternative Provision is required, it should form part of a purposeful educational pathway with clear objectives and, where appropriate, consideration of reintegration.

Inclusion Continuum

Universal inclusive mainstream provision
↓
Ordinarily Available Provision and school-based support
↓
Targeted inclusion intervention
↓
Multi-agency / Inclusion Panel consideration where appropriate
↓
Alternative Provision where required
↓
Reintegration planning where appropriate
↓
Successful and sustainable mainstream education

Fair Access operates alongside this continuum where an eligible child requires the identification of a mainstream school placement.

1. Fair Access Protocol - Guidance and Law

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.

2. Council's Key Principles

Policy Statement

The London Borough of Waltham Forest is committed to ensuring that every child has timely access to suitable, full-time education in a safe, inclusive and supportive learning environment.

The Fair Access Protocol is underpinned by the principle that the needs and best interests of the child must remain central to all decisions, whilst ensuring that responsibility for admitting children under the Protocol is shared fairly across all eligible schools.

The Council is committed to operating the Fair Access Protocol in a manner that is transparent, lawful, proportionate and collaborative. Decisions will be informed by the individual circumstances of each child, supported by appropriate evidence and made in accordance with the principles set out below.

2.1 Waltham Forest's Fair Access Arrangements

The operation of the Fair Access Protocol is guided by the following principles.

Child-Centred Decision-Making

The welfare, educational needs and best interests of the child will be the primary consideration in all decisions made under this Protocol.

Wherever possible, decisions should support positive educational experiences, stability and successful long-term outcomes.

Timely Access to Education

Children who meet the criteria for consideration under the Fair Access Protocol should be admitted to a suitable school without unnecessary delay.

The Council, schools and partner agencies will work together to minimise any interruption to a child's education.

Fair Distribution of Admissions

Responsibility for admitting children through the Fair Access Protocol is shared collectively across all eligible schools within the borough.

The Council will seek to ensure that placements are distributed fairly, taking account of previous admissions made through the Protocol, the individual circumstances of each child and the capacity of schools to support successful placements.

No individual school should be expected to admit a disproportionate number of children through the Protocol where this would undermine the equitable operation of Fair Access across the borough.

Promoting Inclusion

The Council is committed to promoting inclusive education wherever this is appropriate to the child's needs.

Where mainstream education is considered suitable, every effort should be made to identify a placement that enables the child to participate fully in school life and achieve positive educational outcomes.

Educational Stability

Wherever practicable, decisions should promote continuity of education and minimise unnecessary disruption.

Consideration should be given to maintaining existing educational relationships, supporting successful transitions and avoiding repeated changes of school where these would not be in the child's best interests.

Partnership Working

The successful operation of the Fair Access Protocol depends upon effective partnership working between:

• the Council;
• schools and admission authorities;
• parents and carers;
• Alternative Provision providers;
• Early Help and social care services;
• SEND services;
• health professionals; and
• other relevant agencies. 

All partners should contribute positively to achieving timely and sustainable educational placements.

Transparency and Consistency

Decisions made under the Protocol should be transparent, evidence-based and capable of clear explanation.

Children in similar circumstances should be treated consistently, whilst recognising that every case must be considered on its individual merits.

Equality, Diversity and Safeguarding

All decisions made under this Protocol will have due regard to:

• safeguarding and promoting the welfare of children;
• equality of opportunity;
• protection from discrimination;
• the Public Sector Equality Duty; and
• the individual needs and protected characteristics of children and families. 

The Council and schools will seek to ensure that the operation of the Protocol promotes fairness, inclusion and equal access to education.

Shared Accountability

The Council, schools and partner agencies share collective responsibility for ensuring that the Fair Access Protocol operates effectively.

All partners are expected to contribute constructively to decision-making, support agreed placements and work collaboratively to address barriers to successful educational outcomes.

Continuous Improvement

The Council will monitor the operation of the Fair Access Protocol, review its effectiveness regularly and work collaboratively with schools and partners to identify opportunities for improvement.

Learning from operational practice, feedback and monitoring information will inform future reviews of the Protocol and support continuous development of fair and effective admission arrangements.

3. Ensuring Fair Distribution of Places

Policy Statement

Responsibility for admitting children through the Fair Access Protocol is shared collectively by eligible schools.

The London Borough of Waltham Forest will seek to ensure that Fair Access placements are distributed equitably and transparently, taking account of relevant circumstances affecting individual schools and the needs of the child.

Purpose

Fair distribution is essential to:

• maintain confidence in the Fair Access Protocol;
• promote inclusion;
• support educational stability;
• avoid placing disproportionate pressure on individual schools; and
• ensure vulnerable children can access suitable education without unnecessary delay. 

Fair distribution does not mean that every school will receive exactly the same number of Fair Access placements.

The Fair Access Panel will consider the circumstances of individual schools alongside the individual needs of the child.

Principles of Fair Distribution

When considering the distribution of placements, the Fair Access Panel will seek to ensure that:

• responsibility is shared fairly across schools;
• no school is expected to accept a disproportionate number of Fair Access placements;
• decisions take account of relevant contextual information;
• individual children's needs remain central to placement decisions; and
• decisions are transparent, evidence-based and capable of reasonable explanation. 

Factors Considered When Identifying a Receiving School

The Fair Access Panel may consider a range of factors when identifying an appropriate receiving school.

No single factor will determine the outcome of a referral.

The Fair Access Panel will consider all relevant information before reaching a balanced, evidence-based decision that is proportionate, transparent and in the best interests of the child. The expansion of the placement factors and the move to a decision-making matrix were specifically recorded as adopted drafting decisions. 

Placements Above Published Admission Number

The Fair Access Protocol may require a school to admit above its Published Admission Number where this is necessary to secure a suitable placement for an eligible child and is consistent with the School Admissions Code.

The fact that a year group has reached its Published Admission Number will not, in itself, prevent consideration of a placement through the Fair Access Protocol.

Any relevant statutory requirements, including Infant Class Size legislation, must be taken into account.

Monitoring Fair Distribution

The Council will maintain appropriate information regarding Fair Access placements to support transparent and equitable decision-making.

Monitoring may include:

• numbers of Fair Access placements by school;
• year groups;
• timing of placements;
• relevant contextual information;
• placement outcomes; and
• patterns or trends that may indicate disproportionate pressure upon individual schools. 

This information will support both individual placement decisions and strategic monitoring of the Fair Access Protocol.

Decision-Making

Fair distribution should not operate as a numerical allocation exercise.

The Fair Access Panel will balance the principle of equitable distribution with the circumstances and needs of the individual child.

Decisions should therefore be balanced, evidence-based, proportionate and transparent, with sufficient information recorded to explain the basis upon which a receiving school has been identified.

The overriding objective is not simply to distribute children between schools, but to secure a placement capable of providing educational continuity and supporting successful and sustainable long-term outcomes.

Process Overview

Referral received
↓
Eligibility confirmed
↓
Referral presented to the Fair Access Panel
↓
Panel considers:

• child's individual circumstances;
• evidence submitted; and
• fair distribution principles. 

↓
Receiving school identified
↓
Decision communicated
↓
Admission arranged

4. Information Sharing and Data Protection

Policy Statement

The London Borough of Waltham Forest recognises that the effective operation of the Fair Access Protocol depends upon the timely, lawful and proportionate sharing of information between the Council, schools, admission authorities and relevant partner agencies.

Information sharing is essential to ensuring that decisions are made in the best interests of children, that appropriate educational provision can be identified without unnecessary delay, and that the Fair Access Protocol operates fairly, transparently and consistently.

All information sharing undertaken as part of the Fair Access Protocol will comply with applicable data protection legislation, safeguarding responsibilities and the common law duty of confidentiality.

Purpose

The purpose of this section is to establish the principles governing the collection, use, sharing, storage and retention of information required for the operation of the Fair Access Protocol.

Only information that is relevant, necessary and proportionate for the purpose of making informed placement decisions should be shared.

Legal Framework

Information processed under this Protocol must be handled in accordance with:

• UK General Data Protection Regulation (UK GDPR);
• Data Protection Act 2018;
• Human Rights Act 1998;
• common law duty of confidentiality;
• relevant safeguarding legislation and statutory guidance;
• the Council's Information Governance policies; and
• any applicable Information Sharing Agreements. 

Where there is any conflict between this Protocol and legislation, the legislative requirements will take precedence.

Principles of Information Sharing

Information shared under the Fair Access Protocol will be:

• Lawful — shared under an appropriate legal basis.
• Necessary — limited to information required to support decision-making.
• Minimum Necessary Information — information sharing should reflect the principle of data minimisation.
• Relevant — directly related to the child's circumstances and educational needs.
• Accurate — as complete and up to date as reasonably practicable.
• Proportionate — no more information than is necessary will be shared.
• Evidence-based — information shared should be sufficient, relevant and capable of supporting fair, transparent and proportionate decision-making under the Fair Access Protocol.
• Timely — shared without unnecessary delay where this supports the child's access to education.
• Secure — transmitted and stored using appropriate organisational and technical safeguards.
• Confidential — accessible only to those with a legitimate professional need to know. 

Information That May Be Shared

Only information that is relevant to the referral should be shared.

Information Sharing with the Fair Access Panel

Panel members require sufficient information to make informed, balanced and evidence-based decisions.

Information provided to the Panel should:

• be relevant to the matters under consideration;
• be accurate and up to date;
• identify the child's educational needs and circumstances;
• include any relevant safeguarding or risk information;
• identify any support already provided; and
• include any other information necessary to support a lawful and proportionate decision. 

Panel members must treat all information as confidential and use it solely for the purposes of exercising their responsibilities under the Fair Access Protocol.

Confidentiality

All individuals involved in the operation of the Fair Access Protocol are responsible for maintaining the confidentiality of information shared during the referral and decision-making process.

Information obtained through the Fair Access Protocol must not be shared beyond those who have a legitimate professional need to know unless required or permitted by law.

Record Keeping

The Council will maintain appropriate records of:

• referrals received;
• information considered;
• decisions made;
• reasons for decisions;
• placement outcomes; and
• any subsequent reviews. 

Records will be retained in accordance with the Council's records management policies and applicable legal requirements.

Data Subject Rights

Children, parents and carers retain their rights under data protection legislation, including the right to request access to personal information, subject to any lawful exemptions.

Requests relating to personal information held by the Council should be managed in accordance with the Council's Information Governance procedures.

Information-Sharing Process

Referral received
↓
Relevant information gathered
↓
Lawful basis confirmed
↓
Information shared securely
↓
Fair Access Panel considers referral
↓
Decision recorded
↓
Records retained securely

Key Practice Points

• Share only information that is relevant and necessary.
• Ensure information is accurate and up to date wherever practicable.
• Keep safeguarding at the forefront of decision-making.
• Record the reasons for significant decisions.
• Treat all information as confidential and share it only with those who have a legitimate professional need to know. 

Cross References

This section should be read alongside:

• Section 3 — Ensuring Fair Distribution of Places;
• Section 5 — Children Eligible for Consideration under the Fair Access Protocol;
• Section 19 — Fair Access Panel Governance and Terms of Reference; and
• Section 21 — Monitoring and Strategic Overview