Legal Q&A: Fair Access Protocol
Coram Children's Legal Centre
Wednesday, January 2, 2019
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.
Which children are covered by a FAP?
The children included in a FAP are to be agreed with the majority of schools in the area but must include children from the criminal justice system or pupil referral units who need to be reintegrated into mainstream education; homeless children; child carers; children of Gypsies, Roma, Travellers, refugees and asylum seekers; and children who have been out of education for two months or more.
FAPs do not apply to looked-after children, previously looked-after children or children with a statement of special educational needs or education health and care plan naming the school in question, as these children must be admitted.
How can schools respond?
All schools, including academies, are expected to respond to requests by local authorities to admit a child under FAPs within seven days.
The governing body of a maintained school can appeal by referring the case to the Schools Adjudicator within 15 days. It is expected that an academy will agree a starting date for the child or set out its reasons for refusal in writing to the local authority within 15 days (providing contact details to cover any approaching bank holiday or holiday periods). If an academy has not agreed a start date for the child within 15 days, the local authority can apply for a direction from the Secretary of State via the Education Funding Agency, which acts on his behalf in these cases.
- For more information, visit www.childlawadvice.org.uk