Ensuring that vulnerable children are allocated a school place (Fair Access Protocol)

Every local authority must have a Fair Access Protocol in place. Once it is agreed with the majority of schools in its area, all admission authorities must participate in it.

The purpose of the Fair Access Protocol is to ensure that outside the normal admissions round, vulnerable children, and those who are having difficulty securing a school place, are allocated a school place as quickly as possible.

• The Fair Access Protocol applies to all state funded mainstream schools in Buckinghamshire and is consistent with the requirements of the Schools Admissions Code 2021, the non-statutory guidance published by the Department of Education in August 2021, the Equality Act 2010 and the School Standards and Framework Act 1998.
• The Schools Admissions Code 2021 requires all admission authorities of state funded mainstream schools to participate in the Fair Access Protocol to ensure that unplaced children are allocated a school place quickly.
• There is no duty for local authorities or admission authorities to comply with parental preference when allocating places through the Fair Access Protocol, but a parent’s/carer’s wishes should be considered when determining a placement.
• The published guidance from the Department of Education sets out a clear expectation from the Secretary of State that all state funded mainstream schools and local authorities should work together to identify a school place for those children who have had difficulty finding one. The guidance is also clear that admission authorities must admit children when asked to do so under the Fair Access arrangements and if they refuse to do so they may be directed to do so by the Secretary of State.
• When reviewing a request to direct admission to an academy, the Education and Skills Funding Agency will act on behalf of the Secretary of State to consider whether due process has been followed in applying the provisions of the Fair Access Protocol.
• The Fair Access Board (secondary schools) is responsible for the placement of hard-to-place children of secondary school age. There are two secondary Boards, known as FAB North and FAB South, one meeting will be held each half term for schools from the north and the south of Buckinghamshire. These meetings are normally held virtually.
• Buckinghamshire Council organises a Primary Fair Access Board as and when required. There are no pre-scheduled meetings planned on a regular basis. To ensure a fair and transparent process we will either approach school’s directly or arrange an ad-hoc Primary Fair Access Board meeting.