Fair Access Protocol operates outside of the normal In Year Admissions arrangements and is triggered on the occasion that a school place is not available for a child.
A parent can apply for a place for their child at any school at any time. All applications must be processed by the relevant admission authority in accordance with the School Admissions Code 2021
School admissions code - GOV.UK (www.gov.uk)
Therefore, we should only use the protocol for the in-year admission where a child needs a school place, and places are not available or where a child has challenging behaviours.
It is expected that schools and all admission authorities take part in the fair access protocol to make sure that all children that are unplaced are offered a school place quickly and commence an education without delay, as is their right cited within:
Article 28 of the UNCRC that says that children and young people have the right to education no matter who they are: regardless of race, gender, or disability; if they are in detention, or if they are a refugee.
Fair Access Protocol will ensure that all schools take a shared responsibility for the admissions of the children and young people with challenging behaviour or who have been excluded from other schools with no one school having to take a disproportionate number of pupils.
What is an unplaced child
The admissions code specifies:
2.28 With the exception of designated grammar schools, all maintained schools, and academies, including schools designated with a religious character, that have places available must offer a place to every child who has applied for one, without condition or the use of any oversubscription criteria, unless admitting the child would prejudice the efficient provision of education or use of resources. For example, admission authorities must not refuse to admit a child solely because: a) they have applied later than other applicants; b) they are not of the faith of the school in the case of a school designated with a religious character; c) they have followed a different curriculum at their previous school; or d) information has not been received from their previous school.
Fair Access Protocol sits outside of the arrangements for the coordination of school places and is triggered when a pupil has not secured a school place under the in - year admissions procedures and remains unplaced.
In agreeing a Fair Access Protocol, the Local Authority must ensure that no school – including those with available places – is asked to take a disproportionate number of children who have been excluded from other schools, or who have challenging behaviour.
The Protocol must include how the Local Authority will use provision to ensure that the needs of pupils who are not ready for mainstream schooling are met.
What is challenging behaviour (CB)?
‘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 can tolerate. We would expect this behaviour to significantly interfere with the pupil’s or other pupils’ education or jeopardise the right of staff and pupils to a safe and orderly environment’ DfE Fair Access protocols.
Appendix 1 - Challenging Behaviour pupil referral forms for panel considerations for School and Professionals
We ask that schools/ professionals fully complete the appropriate Challenging Behaviour pupil referral form for panel to consider and decide on a recommended placement and forwarded to: fairaccess@cambridgeshire.gov.uk. Please note that this inbox is for business process purposes only and should not be shared with parents. Case related queries should be directed to the Lead Professional and not the Fair Access inbox which is not monitored on a regular basis.
Fair Access Panels are scheduled every fortnight throughout the academic school terms.
All referrals that require consideration need to be received by 12pm on the Wednesday before the Fair Access Panel sits and via the appropriate referral forms. Referrals received after this time will be not be allocated. It is the referrers responsibility to keep the parent and other professionals updated with the progress of the case
Appendix 2 - Fair Access Protocol overview
Appendix 3 - Fair Access Presentation
Fair Access Protocol arrangements
Fair Access Panels are scheduled every fortnight through the academic school terms.
All referrals that require consideration need to be received by 12pm on the Wednesday before the Fair Access Panel sits and via the appropriate referral forms. Referrals received after this time will be not be allocated. It is the referrers responsibility to keep the parent and other professionals updated with the progress of the case
