About the Fair Access Protocol.
There's a statutory requirement for all local authorities to have in place a Fair Access Protocol (FAP) which is agreed by the majority of schools in the authority, and all schools must participate.
The protocol is a mechanism developed by the local authority, in partnership with all schools, to contribute towards keeping the city's children safe.
The purpose of the protocol is to describe how the city's vulnerable children who're having difficulty in securing a school place in-year, are allocated a school place as quickly as possible, minimising the time the child is out of school.
The Fair Access Protocol must not be used in place of the usual in-year admissions process.
Parents can make an in-year application at any time and are entitled to have that preference met wherever possible, as well as the opportunity to appeal a decision when a place is not offered.
The protocol must only be used for unplaced children that meet the prescribed categories:
- Children either subject to a Child In Need Plan or a Child Protection Plan or who have had a CIN Plan or CP plan within 12 months at the point of being referred to FAP.
- Children living in a refuge or other Relevant Accommodation at the point of being referred to the FAP.
- 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 FAP in accordance with para. 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 4 or more weeks where it can be demonstrated that there are no places available at any school within a reasonable distance to their home. This does not include circumstances where a suitable place is 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.
Admission Authorities must admit children when asked to do so in accordance with the Fair Access Protocol. Where an admission authority fails to comply with the FAP, they may be directed to do so.
The protocol provides a fair and transparent system to ensure that all schools share the collective responsibility of helping the most vulnerable children, by admitting their allocation of children being placed by the FAP.