Overview
Our fair access protocol helps children who cannot get a school place through the normal in-year process. All state funded mainstream schools are required to take part in the protocol 2021 School Admissions Code. It makes sure children who are vulnerable or finding it hard to get a place are supported quickly and fairly. All state-funded schools in Somerset work with us. We review the protocol every three years. Any changes must be agreed by most schools. This protocol does not apply for a looked after child or a child with an EHC plan.
Purpose of the Fair Access Protocol
We use the fair access protocol when:
- a child has not been able to get a school place through the in year admissions process and the Admissions Team refer your case to us
- the child meets one of the national fair access categories
Most children get a school place through normal admissions. We only use the fair access protocol when other routes have not worked. Parents cannot apply to Fair Access Protocol.
All schools must take part, including academies, and may need to admit children even if they are full. The protocol also makes sure no school is asked to take an unfair number of children who have been excluded from other schools or who need extra support.
National fair access categories
The fair access protocol helps children who are unplaced and may be:
- supported by a Child in Need or Child Protection Plan
- living in a refuge or emergency accommodation
- involved with the criminal justice system
- in alternative provision and ready to return to mainstream school
- permanently excluded but suitable to return to mainstream
- children with SEND, disabilities or medical needs (but without an EHC plan)
- young carers
- homeless
- in formal kinship care
- Gypsy, Roma, Traveller, refugee or asylum-seeking children
- children refused a place because of challenging behaviour
- children with exceptional circumstances
- children out of education for 4 weeks or over with no suitable local places
- previously looked-after children who need a place quickly
Fair access and normal admissions
You can apply for a school place at any time. Schools cannot refuse your child because they might meet fair access criteria.
If your child is refused a place, the school must tell us so the Admissions team can check if fair access applies. You can still appeal through the normal admissions process.
Fair access and SEND
The fair access protocol does not replace the SENDprocess. If your child has an EHC plan, their placement is decided through the EHC plan process.
If your child does not have an EHC plan, and your child has met the fair access protocol, the process will help them get a school place.
Deciding school places through fair access
We make placement decisions at the Fair Access Allocation Panel. The panel includes headteachers or their representatives and the local authority.
We look at:
- your child’s needs and which school can support them well
- fairness to schools, so no school takes too many placements where children need extra support
- your views, which we will consider
- equitable share data, which is a simple way of showing how many fair access placements each school has already taken.
When we talk about a child at the panel, we look at the 10 closest schools to their home that have the lowest equitable share. These are the schools we consider for the placement.
This helps us share placements fairly, so every school supports children in a balanced way.
We aim to find a school place within 20 school days.
After a school is agreed
We will:
- tell you which school has been offered
- arrange a meeting with you, the school and any professionals supporting your child
- help make sure your child can start as soon as possible
If a school does not admit your child within 7 days, we follow an escalation process. This can include senior leaders and, if needed, national decision-makers. These decisions are binding.