School admissions and fair access
Every local authority must have a fair access protocol, agreed with the majority of its schools, in which all schools (including academies) must participate as it is binding on all schools.
View or download our Fair Access Protocol (PDF)
All schools, including academies, are expected to respond to requests by local authorities to admit a child under fair access protocols within seven calendar days.
Fair access protocols should not be used as a means to circumvent the normal in-year admissions process. A parent can apply for a place as an in-year admission at any point and is entitled to an appeal when a place is not offered.
The list of children to be included in a fair access protocol is to be agreed with the majority of schools in the area but must, as a minimum, include the following children of compulsory school age who have difficulty securing a school place.
Department for Education
- children either subject to or who have 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, also called an EHCP), 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 our Fair Access Protocol in accordance with paragraph 3.10 of the 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 of their home (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 we have been unable to promptly secure a school place
View guidance on fair access protocols from the DfE.
Us
We replicate the above and also include children who are resident in a refuge (due to issues involving domestic abuse) should also be included in the protocol.