Introduction
In Year admissions
Most children will continue their education at the same school, moving only at normal transition times.
However, some children for a variety of reasons may find themselves without a school place and become unplaced, with their education being disrupted.
We are increasingly seeing families move into areas with limited or no available school places. As a result, securing a placement can be a challenge. We advise parents to check the availability of school places by researching schools and catchment areas before a house move.
It is best for children not to move schools in year, if possible. This is particularly important for those in Year 10 and 11 studying for their options subjects and nearing the time they will be taking exams.
If parents move house but the existing school is still within a reasonable distance, children should continue attending. This should continue until a new school place is found.
The School Admissions Code (September 2021) requires that every local authority must have a Fair Access Protocol. This protocol is agreed by the majority of schools in the area. It is there to make sure that, outside the normal admissions round, unplaced children, especially the most vulnerable, are offered a place at a suitable school as quickly as possible.
In Year application
On receiving an In Year application, it is expected that the Local Authority and Academies, who process their own applications do so with a sense of urgency to identify a school place. This is in accordance with the School Admissions Code.
Your application will be referred to the Fair Access Panel if your child is unsuccessful in securing a school place through the normal in-year process, is without education and:
- an Admissions Officer has considered alternative schools within a reasonable distance
- there is evidence highlighting of exceptional circumstances or vulnerabilities
At this point an additional 20 school days will be made available for the panel to review the case to ensure that a place is offered.
Exceptional circumstances or vulnerabilities are detailed in Fair Access Protocols Guidance for school leaders, admission authorities and local authorities – Department of Education pdf.
If a parent refuses a reasonable offer of a school placement as part of an In Year application the case will not progress to the Fair Access Panel.
Fair access legislation clearly states that there is no duty for the Local Authority or Admissions Authority to comply with parental preference when allocating places via Fair Access.
The Fair Access Panel
The Panel is a closed meeting made up of head teachers, school inclusion leads and relevant Local Authority officers. The Local Authority chairs the panel. It has oversight of the cases being presented. It ensures that no school is required to take a disproportionate number of Fair Access placements.
The Panel will consider your application and review information received. This may include information from your child’s previous/current school and, where appropriate, from you as the parent.
The Panel will carefully review several factors, including:
- whether your child has access to a school place and is that place secure;
- relevant information about any additional support your child may require in school;
- information provided by the school with places who have refused your request for a place, relating to pressures on staffing and resources within the year group;
- the most appropriate education setting for your child, given their circumstances.
The Panel will be required to identify a school placement for you. This could be an offer of a school place that is not one you submitted a preference for.
Upon a school place being secured, you will receive a formal offer letter. This will confirm the offer of a place. If appropriate, you will also receive a refusal letter and right of appeal for any school that you have submitted a preference for and a place was not offered.
Regardless of any place secured by the Panel, you retain your right to appeal for a place at any school you have applied for and been refused.
It is very much hoped that all schools will comply with the Fair Access Protocols. However there may be times where a school fails to agree to a Fair Access placement. In this situation and after a period of negotiations, the Local Authority will request a direction by following the processes set out in the Department for Education Fair Access Protocols Principles and Process guidance pdf.
Fair Access Protocol Cambridgeshire County Council– January 2025 (review 2027)
