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

Fair Access Protocols may only be used to place the following groups of vulnerable and/or hard-to-place children, where they are having difficulty in securing a school place in-year, and it can be demonstrated that reasonable measures have been taken to secure a place through the usual in-year admission procedures.

1. children either subject to a Child in Need Plan or a Child Protection Plan or having had a Child in Need Plan or a Child Protection Plan within 12 months at the point of being referred to the Fair Access arrangement.
2. children living in a refuge or in other relevant accommodation at the point of being referred to the Fair Access Board.
3. children from the criminal justice system.
4. children in alternative provision who need to be reintegrated into mainstream education or who have been permanently excluded but are deemed suitable for mainstream education.
5. children with special educational needs (but without an education, health, and care plan), disabilities or medical conditions.
6. children who are carers.
7. children who are homeless.
8. children in formal kinship care arrangements.
9. children of, or who are, Gypsies, Roma, Travellers, refugees, and asylum seekers.
10. children who have been refused a school place on the grounds of their challenging behaviour and referred to the Fair Access Protocol in accordance with paragraph 3.10 of the Admissions Code.
11. children for whom a place has not been sought due to exceptional circumstances.
12. children who have been out of education for four or more weeks where it can be demonstrated that there are no places available at any school within a reasonable distance of their home. This does not include circumstances where a suitable place has been offered to a child and this has not been accepted; and
13. previously Children Looked After for whom the Local Authority has been unable to promptly secure a school place.

• Different arrangements apply for the placement of Children Looked After (CLA) and children with an Education Health and Care Plan. These students should not be placed through the Fair Access Protocol.