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Legal Q&A: Fair Access Protocol

What is a Fair Access Protocol?

The operation of a Fair Access Protocol (FAP) is triggered when a parent of an eligible child has not secured a school place under in-year admission procedures, so that they are found and offered a place quickly. The School Admissions Code requires every local authority to have a FAP in place, developed in partnership with local schools (including academies) who will be expected to admit children above their published admissions number if the school is already full.

In agreeing a FAP, the local authority must ensure that no school is asked to take a disproportionate number of children who have been excluded from other schools, or who have challenging behaviour. The FAP 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.

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