Introduction

A Fair Access Protocol (FAP) is a mechanism developed by the Local Authority in partnership with all schools in its area. The aim is to ensure that vulnerable children, and those who are having difficulty in securing a school place in-year, are allocated a school place as quickly as possible. Children missing education are at a significant risk of underachieving, becoming victims of harm or exploitation or becoming NEET (not in education, employment or training) later in life. There is an expectation that we all work in partnership to safeguard and promote the welfare of children.

The FAP plays a key role in helping to keep children safe by ensuring the most vulnerable children are able to access education as quickly as possible. Referral to the FAP should be seen as the last resort to secure a school place for a child. Where possible, children should be placed in school through the usual in-year admissions process, in the first instance.

The FAP will provide a fair and transparent system to ensure that all schools share the collective responsibility of helping the most vulnerable, by admitting their fair share of children being placed by the FAP. This includes those children who may have been permanently excluded from other schools and those who display challenging behaviour (see Section 5 on Challenging Behaviour).

In Warrington, children who have been permanently excluded are placed at schools in a rotation system. This is a separate process which is administered by the LA through a process which has been agreed between the LA and schools.

The FAP operates within the non-statutory guidance in the DfE's Fair Access Protocol (August 2021).

Alongside the FAP, schools may wish to refer to the Managed Move Protocol.

Consultation and Review

The Local Authority must consult on and develop the FAP in partnership with all schools in its area. It will do this through discussion with the Warrington Association of Primary Headteachers (WAPH) and Warrington Association of School and College Leaders (WASCL) groups. The FAP will be kept under review to ensure it remains fit for purpose.

The FAP should be agreed with the majority of schools and academies. However, all schools and academies must participate in its operation.

The Warrington Local Authority Fair Access Protocol was agreed with the majority of schools and academies in Autumn 2023.

Participation in the Fair Access Protocol

There is a statutory duty that schools participate in a Fair Access Protocol (FAP) in accordance with the Schools Admissions Code 2021. The FAP should be read alongside the School Admissions Code 2021, the School Standards and Framework Act 1998 and Equality Act 2010.

School admissions code - GOV.UK (www.gov.uk)

School Standards and Framework Act 1998 (legislation.gov.uk)

Equality Act 2010 (legislation.gov.uk)

Therefore, the admission authorities of all schools in the area must participate in the FAP. This means they must authorise a representative to participate in discussion and decision-making on placing children referred to the FAP and admit their fair share of children when asked to do so in accordance with the FAP.

Where cases to be discussed may involve the consideration of cross local authority border placements, representatives from neighbouring authorities should be included in FAP meetings. The Local Authority will consider whether the views of other agencies (such as social workers, education psychologists and occupational therapists) are required to inform FAP decisions.

Effective FAP meetings have an emphasis on the common goal of ensuring all children referred to the FAP have access to a suitable school place as quickly as possible.

Making decisions on the placements of children

Decisions on the placement of children should be made in accordance with the FAP and should include taking into account:

The needs of the children in question

Children eligible to be placed via FAPs are often vulnerable and may have additional needs that require support. Before making placement decisions, consideration should be given as to whether a child has any particular needs and which school might be best to meet and support those needs.

The views of the school(s) concerned

All schools should be treated in a fair equitable and consistent manner. Where a school expresses compelling reasons for not being able to admit a child via the FAP (see Section 6), this should be taken into consideration before a decision is made to place a child in that school.

Parental preference

When allocating places through the FAP, there is no requirement to comply with parental preference when placing a child. However, parents' views in the in-year transfer form should be taken into account. Information from a parent can provide valuable context that may help those involved in the FAP process to place a child.

The admission of children with Education, Health and Care Plans (EHCPs) naming the school are not covered by this protocol, as the admission of these children is managed by the SEND Team.

It is a legal requirement that 'looked after children' and 'previously looked after children' are given first priority for admission at the normal point of entry to the school and these children may be admitted to a full/oversubscribed school, exceptionally, outside of the normal admissions round. The FAP will not be used to place looked after children as all admission authorities take this high priority into account and will work with the Local Authority, including Social Care, in agreeing the most suitable school when transfer in year is required. The FAP may only be used as a last resort where it is not possible for a school place to be secured promptly for a previously looked after child.

Summary of Key Points

The FAP operates outside of normal admission processes and can allocate places in year groups which are already full or even over the school's admission number. The protocol supports the inclusion of some of Warrington's most vulnerable children by ensuring that unplaced children, especially the most vulnerable, are offered a place at a suitable school as quickly as possible. It is a working relationship between the Local Authority and schools and academies aimed at maintaining a continuity of education for vulnerable children by acknowledging that if they do need to move schools, they do so in a transparent, supported, managed and equitable way.

  1. Children may only be placed in accordance with the FAP when an application is made to transfer from one school to another part way through a school year (known as an in-year application). Children admitted to school during the normal admissions round cannot legally be considered or placed using fair access procedures.
  2. Where an admission authority receives an in-year application and it does not wish to admit the child because it has good reason to believe that the child may display challenging behaviour (see Challenging Behaviour), it may refuse admission and refer the child to the FAP. Schools may also wish to refer to the Managed Move Protocol.
  3. No school, including those with places available, should be asked to take a disproportionate number of children who have been permanently excluded from other schools, who display challenging behaviour, or who are placed via the FAP. Children who have been permanently excluded are placed at schools in accordance with a rotation system. This is a separate process which is administered by the LA through a process which has been agreed between the LA and schools.
  4. An admission authority should only refer the child for placement via the FAP if it has a particularly high proportion of either children with challenging behaviour or previously permanently excluded pupils on roll compared to other local schools and because of this, it considers that admitting another child with challenging behaviour would prejudice the provision of efficient education and the efficient use of resources.
  5. Admission authorities must not refuse to admit a child thought to be potentially disruptive, or likely to exhibit challenging behaviour on the grounds that the child is first to be assessed for Special Educational Needs.
  6. The Local Authority will maintain an overview of the pupil placements that have taken place. This document will demonstrate the distribution of pupils amongst the schools and needs to be a 'live' record that will be used for future placements.
  7. There is no duty to comply with parental preference when allocating places through the FAP, but parents' wishes should be taken into account.
  8. Admission authorities must admit children when asked to do so.
  9. Parents have the right to apply for any school place at any time and must not be refused the opportunity to make an application.
  10. FAPs are handled by Warrington Admissions Team in the first instance and may progress to a  Fair Access Panel if required.

The Process in Summary

FAPs are handled by Warrington Admissions Team in the first instance.

If a FAP admission is not agreed by the school after being approached by the Admissions Team, the case will be subject to a review by the Principal Manager School Organisation at Warrington Borough Council, who may consult with the FAP Chair. At this point the FAP Chair and Principal Manager School Organisation will liaise with the school's headteacher to confirm placement within the school.

In the unlikely event that admission remains unagreed, then the case could progress to a Fair Access Panel of Warrington Headteachers to determine the outcome.

A Fair Access Panel consists of Warrington Borough Council's Principal Manager School Organisation, the Chair (currently the Headteacher of Sir Thomas Boteler C of E High School) and primary or secondary members depending on the admission phase. The Chair is reviewed annually. Members are chosen by Principal Manager School Organisation from a list of volunteers subject to availability. The purpose of the panel is to assess the case and the process followed and decide which school will admit the pupil referred to them for placement when the agreed turn taking process administered by admissions has deemed to have failed. As FAP admissions need to be managed promptly, meetings must be convened within five school days.

The panel's role is to consider a case put forward by School Admissions regarding why X school should admit a pupil in line with FAP. They will also consider the reasons provided by X school for refusal to admit the pupil under the protocol.

Fair Access Protocol in detail

Section 1 - When will FAP be applied?

FAP does not affect the usual admission processes which apply to all schools and should not be used to circumvent the normal in-year admission processes. Under the in-year admission process, where places are available and parents request admission, then offers should be made. Parents must also be advised of their appeal rights where places are not available.

FAP will apply predominantly to Warrington resident children, without a school place who are seeking admission to a Warrington school and meet one of the prescribed categories (Paragraph 3.17 of the Admissions Code 2021). FAP applies where preferred schools/year groups are already full. It also applies if the usual in year admission processes are deemed to have failed.

When a pupil moves into Warrington and makes a request for a school place that is subsequently refused, the admission authority should consider whether the child would be eligible to be placed via the FAP. Where it considers that the child falls, or may fall, into any such category, the admission authority should notify the Local Authority of this. The Local Authority should then decide whether the child is to be placed via the FAP. The parents should be notified of this, and a school place must be allocated within 20 school days.

Section 2 - Retrospective Admissions

In cases where following the admission of a pupil, information is subsequently received from the previous school which had this information been available at the time of admission the pupil would have been considered under FAP, the admissions authority can request a retrospective FAP admission.

The process for such a request, needs to be made in writing/email by school, providing full details of the new information received, evidence of issues which have arisen since the child was admitted to the school (within four weeks) and the reason why it is felt that this child should be considered under the FAP.

The request will be considered against the FAP criteria (see Section 5) and a decision communicated to the school.

The pupil must remain on roll at the school and the placements will then be recorded as a Fair Access admission, if appropriate.

Section 3 - Why is FAP needed?

Warrington schools already work well together with the Admissions team to manage in year admissions. For some vulnerable children there are, however, occasional refusals to admit or delays in offering places. FAP seeks to ensure that the needs of the child and the school are considered in placing children who are included in the protocol.

FAP is needed, therefore, to:

  • Fulfil the legal requirements of the School Standards and Framework Act and the School Admissions Code.
  • Quickly place vulnerable children who are accepted within the FAP.
  • Avoid refusals to admit which are unlawful and which create gaps in education provision. They also often raise tensions between the parties involved.

Section 4 - Key Principles

The key principles of Warrington's Fair Access Protocol are:

  • FAP arrangements must be fair, equitable and transparent.
  • FAP must acknowledge and address the needs of the children not on a school roll, and deal with place requests quickly and sympathetically.
  • FAP will seek to reduce the time that vulnerable children spent out of school.
  • FAP will seek to share FAP admissions between schools in an area, though there will be occasions where a strict order cannot be applied.
  • FAP will apply to in year admission requests only and not to children already within annual intake processes.
  • The Admissions Team will administer and monitor FAP and may make a referral to the Fair Access Panel if needed.
  • Warrington's FAP will apply to all families resident within the local authority. Those resident in other areas should approach their home local authority for advice. There may be exceptions where the local authority or a panel has accepted a referral within its agreed FAP.
  • Looked After Children and Previously Looked After Children and service families posted into Warrington will normally be referred via the Admissions Team. These will be considered as discretionary admissions rather than FAP. Admission to full year groups will often be required in these cases.
  • Parental school preference and denomination/faith requirements will be noted, but these do not have to be taken into account in applying FAP and making referrals for admission.

Section 5 - Which children are included in FAP?

The FAP only applies to pupils without a mainstream school place.

FAPs may only be used to place the following groups of vulnerable children who fall into the categories below, 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 school place through the usual In-Year admission procedures.

The categories for FAP are as follows:

  1. Children either subject to a Child in Need Plan or a Child Protection Plan or having had a Child in Need Plan or Child Protection Plan within 12 months at the point of being referred to the Protocol;
  2. Children living in a refuge or in other relevant accommodation at the point of being referred to the Protocol;
  3. Children from the criminal justice system;
  4. 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;
  5. Pupils that have Special Educational Needs and are currently receiving additional targeted support within school (including children undergoing statutory assessment) but do not have an EHC Plan.
  6. Children who are carers;
  7. Children who are homeless;
  8. Children in formal kinship care arrangements (as evidenced by a Child Arrangements Order not relating to either birth parent or a Special Guardianship Order);
  9. Children of, or who are, Gypsies, Roma, Travellers, refugees and asylum seekers;
  10. Children who have been refused a school place on the grounds of their challenging behaviour (see Challenging Behaviour for definition);
  11. Children for whom a place has not been sought due to exceptional circumstances; (it is for the Local Authority to decide whether a child qualifies to be placed via the FAP under this category, based on individual circumstances);
  12. 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 from their home;
  13. Previously Looked After Children for whom the Local Authority has been unable to promptly secure a school place.

Where a School Attendance Order (SAO) is being considered, these pupils may fall under category k, therefore the Admissions Team will need to take the following into account before identifying a school to be named for the purpose of the SAO:

  • the nearest school to the child's home address, or
  • the nearest school that has not admitted a SAO pupil during the academic year,
  • or the last school the pupil was on roll at (within the local authority).

Challenging Behaviour

The Admissions Code states that behaviour can be described as challenging where it would be unlikely to be responsive to the usual range of interventions to help prevent and address pupil misbehaviour or it is of such severity, frequency, or duration that it is beyond the normal range that schools could tolerate. Such behaviour would be expected to significantly interfere with the pupil's/other pupils' education or jeopardise the right of staff and pupils to a safe and orderly environment.

Challenging behaviour can be evidenced through schools' records. For example, these records could be information recorded on:

  • ABC forms
  • Prime forms
  • RIDDOR forms
  • Behaviour files, e.g. SIMS, CPOMS, Arbor
  • Positive Handling forms

This is not an exhaustive list.

A child with challenging behaviour may also be disabled as defined in the Equality Act 2010. When considering refusing admissions on these grounds, admission authorities must consider their duties under that Act.

Section 6 - Will schools be exempted from FAP in any circumstances?

All Warrington schools must participate in FAP - this is a legal requirement. The only circumstances where referrals will not be made are:

  1. Where the child was previously permanently excluded from a school, they will not be referred back to the same establishment.
  2. Where a school is in the Ofsted 'inadequate' category - the length of the exemption would be determined by the FAP Panel.
  3. Where there is a serious recent or ongoing complaint/legal issue with the child or family in relation to a particular school or a member of staff at a particular school.
  4. Where there has been a police investigation of a serious nature involving a pupil or member of staff at a particular school.
  5. Additionally, decisions can be made by the FAP panel members to exempt a school or a particular year group within a school because of challenging circumstances, such as the behaviour of a cohort.

If the Local Authority is aware that a school has recently taken a referred FAP admission and, in the short term, a second request appears, then the Admissions Team will inform the parents/carers about the principles of sharing FAP admissions and about other locally available places.

Occasionally there may be very good reasons why successive FAP requests may require admission to the same school (for example, existing family links or isolated geographical location near to home address).

Section 7 - How will the FAP be administered?

For the majority of in year admission requests, families secure places or seek appeals without the need for consideration of FAP. The Admissions Team is able to offer advice where this is required.

On receipt of an In-Year application that indicates the pupil may meet criteria for a Fair Access admission, additional information may be requested by the Local Authority to give consideration to the best way forward. Where additional information has been provided, the purpose of this resource is to inform effective support and provision for admission.

If a case is accepted as a Fair Access admission, the Admissions Team will aim to manage the admission. A referral may be made to the Fair Access Panel if admission cannot be agreed. There should always be a transparent exchange of comprehensive background information, including behavioural and attendance history. Requests will not be unduly delayed pending a panel meeting taking place. Wherever possible, and where background information is available, pupils should not be without a school place for more than 20 school days.

As outlined in the Schools Admission Code, the FAP sits outside the other admission processes and, therefore:

  • Schools cannot cite oversubscription as a reason not to admit a Fair Access pupil.
  • Fair Access pupils must be given priority for admission above other pupils who may be on a school's waiting list.

Where a parent makes an in-year application that meets thresholds for FAP, the parent is entitled to appeal for a preferred school if:

  • The preferred school is approached but refused to admit, or
  • The preferred school is not identified under the protocol as the school which should admit the child.

The Admissions Team should be informed if there is evidence to suggest that a mainstream school placement is unlikely to be successful. The Senior Education Improvement Manager will decide if a pupil eligible for FAP will require a placement directly into a PRU or Alternative Provision.

Section 8 - Approaching the identified school

Once a school has been identified, the Admissions Team will contact the school with a formal request to admit the child together with the reasons for the request.

If a FAP admission is not agreed by the school after being approached by the Admissions Team, the case will be subject to a review by the Principal Manager School Organisation who may consult with the FAP chair.

If admission remains unagreed then the case could progress to a Fair Access Panel of Warrington Headteachers to determine the outcome.

There is an expectation that the school will agree to the request to admit unless any of the criteria in Section 6 are met. In any event, schools must respond in writing within 5 school days to avoid a delay in the process. Where a school is declining the request to admit they must clearly set out their reasons for refusing to offer a place.

Section 9 - What if a school refuses a FAP referral?

If a school refuses to admit a FA pupil, then the Principal Schools Organisation Manager and FAP Chair will make every attempt to discuss the request with the headteacher.

In some circumstances, however, a refusal to admit by a headteacher or school representative will be unlawful. It inevitably results in a vulnerable child being out of education for a protracted period and, therefore, results in exactly the opposite of what the FAP intends to achieve.

If a resolution cannot be reached then the Local Authority may take up the refusal with the Chair of Governors directly, and seek their assistance in proceeding with FAP admission.

Section 6 of the School Standards and Framework Act 1998 confirms that the Local Authority is the admissions authority for community and voluntary controlled schools. It states that governing boards have a duty to implement any decision relating to the admission of pupils which is taken by on behalf of the admission authority.

For voluntary aided schools, the Local Authority has powers to legally direct admission in certain circumstances. Prior to this happening there would be liaison with the Governing Board (usually via the Chair).

For academies and free schools, the Local Authority can request that the Secretary of State intervenes if it is not possible to reach an agreement through consultation. The Secretary of State will usually take advice from the Office of the Schools Adjudicator in deciding to legally direct an academy or free school to admit a child.

The governing board of a maintained school can appeal by referring the case to the Schools Adjudicator within 15 calendar days. Similarly, it is expected that an Academy will agree a start date for a child or set out its reasons for refusal in writing to the Local Authority within 15 calendar days.

If an Academy has not agreed a start date, the Local Authority can apply for a direction from the Secretary of State via the Education Funding Agency.

Section 11 - Reporting

The Admissions Team will maintain records of Fair Access placements and produce an annual report that provides data on the number that have taken place within each area of Warrington.

Section 12 - Contacts

School Admissions Team

Telephone: 01925 446226

Email: schooladmissions@warrington.gov.uk