Applying under the exceptional medical or social needs admission rule (EMSAR)

The exceptional medical or social needs admission rule (EMSAR) is designed to prioritise school places for children with strong, exceptional reasons for attending a particular school.

Most schools include this rule as part of their oversubscription criteria.

EMSAR cases are usually considered by the EMSAR Panel, who decide whether the child can be considered under this rule.

For Buckinghamshire community schools, the EMSAR rule is:

“Children who have exceptional medical or social needs supported by written evidence from a doctor, social worker, educational welfare officer or other appropriate person.”

There is further explanation of the rule in the determined admission arrangements:

“A panel comprising of independent education professionals will consider the applications under this rule on receipt of information from the parent to indicate strong reasons for the child attending a particular school. When making an application parents should send evidence from an independent professional person. This might be a doctor, health visitor, or Education Welfare Officer, who knows about the child and supports the application to the school. It must clearly show why the school is the most suitable and any difficulties if alternate schools were offered. The panel will consider which children can be considered under this rule prior to each admission round.”

Other schools (for example Academies, Foundation Schools and Free Schools) usually define their EMSAR rule in a similar way in their own admissions policies.

When you submit your child's application, you must:

• make it clear that you want to apply under this rule
• submit your case and supporting evidence (using the online form below)

You can usually only submit one EMSAR case for your child’s highest preferred school, unless (for secondary school applications) your highest preference school is a grammar school and you also want to submit an EMSAR case for your highest preferred upper school.

Your supporting evidence must be from independent professionals (for example, a doctor, psychologist, health visitor, social worker, or education welfare officer) who know your child and who support your application for the particular school.

Your evidence must clearly support that this is the only school that can meet your child’s needs. The evidence should also explain why other schools would not be able to meet these needs.

The EMSAR panel will only consider an EMSAR case once.

A case would only be reconsidered in exceptional circumstances (for example if there is significant new evidence or new information that has become available).

Late EMSAR cases will only be accepted for:

• brand new applications
• where significant new evidence has become available

Phased applications include entry in September to Reception, Junior Schools or Year 7.

The last opportunity for an EMSAR case to be considered for phased applications will be for the last published allocation round.

The EMSAR Panel includes education professionals who are independent of the schools and our Admissions and Transport team.

The Panel is normally made up of 3 members who have expertise in:

• educational psychology
• special educational needs
• differing educational needs

There is also a clerk to record the Panel’s decision. The clerk will usually be a member of our Admissions and Transport Team. The clerk’s role is to record the decision, not the decision-making process. The clerk does not have an input to the Panel’s decision, but may provide relevant information to the Panel if asked.

Cases are sent to the Panel in advance of the meeting.

Panel members will need to declare an interest if they have prior knowledge of any child whose case is due to be considered. In such instances, the remainder of the Panel will be expected to come to a decision, or – if there is no consensus – ask a further Panel member to make a decision.

The EMSAR Panel considers cases on behalf of:

• community schools (where we are the only admission authority)
• other schools where the school has asked the EMSAR Panel to make decisions on their behalf (for example academies, free schools, foundation and voluntary-aided schools who are their own admission authority)

The EMSAR Panel will not consider applications where:

• supporting independent professional evidence has not been provided
• a school has not asked the Panel to consider cases on their behalf (where this is the case, the Admissions and Transport Team will send the evidence to the school directly if families have not already done so)
• applications are received for schools outside Buckinghamshire (where we receive this information, we will send the evidence to the Local Authority where the school is)

To agree a case, the EMSAR Panel must satisfy themselves that all 3 of the following statements are true and supported by the evidence:

1. The family has clearly explained why this school above any other would be the most appropriate for their child to attend
2. The family has provided independent evidence that clearly supports their claim that this school would be the most suitable for their child
3. There is no other school that could reasonably be expected to meet the child’s needs

The Panel will consider whether the evidence you submitted is appropriate and relevant to the particular school (and not just why your child shouldn’t attend another school).

The Panel do not have to accept any recommendations made in the evidence.

The Panel will keep in mind that all Buckinghamshire schools are able to support children with special educational needs, and that schools are also expected to manage severe medical needs. This means that a case presented on these grounds alone is unlikely to be successful.

A parent or carer’s place of work, childcare arrangements or a family connection with the school are not sufficient reason alone to agree an EMSAR case, however such circumstances may be considered as part of the overall picture if there are other exceptional reasons as well.

An application made on medical grounds may be agreed where a child has an exceptional illness or a disability (for example, limited mobility) that – in the professional opinion of the Panel – makes it essential that the child can only attend the particular school. If the Panel feel the child’s needs could be met by other schools, they’ll not agree the case under EMSAR.

An application made on social grounds may be agreed where a child’s education would – in the professional opinion of the Panel – be seriously impacted if they did not go to a particular school: this must be clearly supported by the evidence.

Once your child’s case has been considered by the EMSAR Panel and a decision has been made, you will be told the outcome by email.

If the case is agreed, your child will be given priority under the exceptional medical or social needs rule for that school from that point (though it should be noted this does not guarantee your child will be offered a place).

If the case is not agreed, your child will not be considered under the exceptional medical or social needs rule, however their application for the school will still be considered under the next appropriate rule.

There is no specific right of appeal against the decision of the EMSAR Panel if your child’s case is not agreed, however if the school is not offered to your child you have the right to lodge an Admission Appeal. If you choose to lodge an appeal, you will be able to include the evidence you submitted to the EMSAR Panel.

If you submitted your child’s EMSAR case in the normal application window, the EMSAR Panel’s decision will be taken into account for National Offer Day:

• primary school applications - apply by 15 January:
  • National Offer Day is 16 April (or the next working day)
• secondary school applications - apply by 31 October:
  • National Offer Day is 1 March (or the next working day)

If your case was submitted later, the Panel’s decision will be taken into account in a later allocation round.