Fair access protocol
What is the Fair Access Protocol and who does it apply to?
Every local authority is required to have a fair access protocol that complies with the requirements of the School Admissions Code. The purpose of the fair access protocol is to minimise the time unplaced and vulnerable children are out of school by allocating a school place as quickly as possible. The protocol applies to in year admissions but does not replace the normal in year admissions process. The Fair Access Protocol may only be used to place unplaced children who meet one of the Fair Access categories defined in the School Admissions Code, where they are having difficulty in securing a school place in-year, and it can be demonstrated that reasonable measures have been taken to secure a place through the usual admission procedures.
Only 'unplaced' children are eligible for admission through the Fair Access Protocol. Unplaced children are those who do not have a reasonable offer of a school place, including:
- Children who are new to Bolton
- Children who have been withdrawn from private education
- Children registered on Elective Home Education and for whom a place at school has been requested
An unplaced child must meet one of the Fair Access Categories to be considered for admisson through the protocol. These categories are:
- Children either subject to a Child in Need Plan or a Child Protection Plan or having had a Child in Need Plan or a Child Protection Plan within 12 months at the point of being referred to the Protocol
- Children living in a refuge or in other Relevant Accommodation at the point of being referred to the Protocol
- Children from the criminal justice system
- Children in alternative provision who need to be reintegrated into mainstream education or who have been permanently excluded but are deemed suitable for mainstream education
- Children with special educational needs (but without an Education, Health and Care Plan), disabilities or medical conditions;
- Children who are carers
- Children who are homeless
- Children in formal kinship care arrangements
- Children of, or who are, Gypsies, Roma, Travellers, refugees and asylum seekers
- Children who have been refused a school place on the grounds of their challenging behaviour and referred to the Protocol in accordance with paragraph 3.10 of the School Admissions Code
- Children for whom a place has not been sought due to exceptional circumstances
- Children who have been out of education for four or more weeks where it can be demonstrated that there are no places available at any school within a reasonable distance of their home address. This does not include circumstances where a suitable place has been offered to a child and this has not been accepted
- previously looked after children for whom the local authority has been unable to promptly secure a school place.
When will the Fair Access Panel meet?
The Fair Access Panel will meet every 20 school days to consider Fair Access cases to ensure that no child will go without the offer of a reasonable school place. Parents will be informed if their child's school application is to be considered under the Fair Access Protocol.
How will the Fair Access Panel decide which school my child will attend?
When deciding on which school should admit the child, the panel will consider the number of children already admitted to each school under the Fair Access Protocol to ensure that no school is asked to admit a disproportionate number of children via the protocol. In offering a school place, the Fair Access Panel do not have to comply with parental preference but must identify a reasonable school place.
Do I still have the right of appeal?
If the Fair Access Panel is unable to place your child in your preference school, you will still have the right of appeal for any school you have been refused a place at for your child.