Fair Access Policy 2025 to 2026 (reviewed June 2025)

The purpose of the Fair Access Protocol (the Protocol) is to ensure that, outside the normal admissions round, unplaced children, especially the most vulnerable, are found and offered a place quickly, so that the amount of time any child is out of school is kept to the absolute minimum.

The Protocol reflects the Department for Education (DfE) Guidance “Fair Access Protocols” (August 2021) and sets out some principles to clarify the expectations on all parties to ensure it can operate effectively. It is aimed at both admission authorities and schools and adheres fully to the School Admissions Code (September 2021) in particular paragraphs 3.14 to 3.22 that requires the Local Authority (LA) and all admission authorities within its administrative boundaries to adhere to a Fair Access Protocol (the Protocol).

This policy also gives regard to the Elective Home Education guidance for Local Authorities and the guidance for parents (April 2019) and also the Children Missing Education statutory guidance (August 2024).

The process may be triggered when a parent of an eligible child or young person has not secured a school place through in-year admission procedures, where a child has been permanently excluded or where an electively home educated pupil is found not to be in receipt of a suitable education.

The Protocol sets out the expectations on the Local Authority and all schools to work together swiftly to identify a school place for those children where there is difficulty in finding one who do not already have a school place.

This updated version of the Protocol, developed in partnership with Heads and Principals to ensure that outside the normal admissions rounds, unplaced children and young people, especially the most vulnerable, are offered a place at a suitable local school as quickly as possible. This will be done in a fair and transparent manner and is a process agreed by schools in Stockton-on-Tees. All schools (including Academies and Free Schools) must participate, as the Protocol is legally binding on all schools.

In most instances this protocol will be applied to children of secondary school age. It remains relevant for children of primary school age however the numbers of primary aged pupils who meet the requirements of this protocol are expected to be few. However, schools will be expected to continue to admit pupils who apply for an available place, under normal admission arrangements.

The Protocol should not be used to avoid the normal in-year admissions process. A parent can apply for a place as an in-year admission at any point and is still entitled to an appeal when a place is not offered even when placed through the Protocol.

Panels will be held regularly to ensure that eligible children and young people secure a school placement as swiftly as possible. Schools must respond immediately to Panel requests for admission so that the admission of the pupil is not delayed.

The Protocol will ensure that no one school, Academy or Free School including those with available places, is asked to take a disproportionate number of children or young people who have been excluded from other schools, or who have challenging behaviour.

Schools must not insist on an appeal hearing being heard before admitting a child or young person.

All Heads and Principals should abide by the decisions and are bound by the provisions of the Protocol, with no exceptions. The Panel decisions will be communicated by the Chair.

An application to direct an Academy from the Secretary of State should only be requested as a last resort.

It is the expectation that most children and young people who are eligible will come to the attention of the Admissions and Transfers team through 'in-year application for a school place or a change of school place' form.

In some instances, pupils may be referred by the Locality Team where a pupil who was electively home educated is no longer in receipt of suitable education. In these circumstances, parents are strongly encouraged to follow the In Year Transfer process.

These requests will be triaged by the admissions team at the point of contact to identify the following:

• any safeguarding or welfare concerns
• if the child has an Education Health and Care Plan (EHCP) (therefore placement would be made via the Special Educational Needs and Disabilities (SEND) and Alternative Provision (AP) service)
• whether the child would meet the Fair Access Protocols should a place not be available through In Year Transfer process (not including on time out of education criteria)

The admissions team will contact the parent to explain both the Fair Access process and also the admissions appeal process to ensure the parent understands the process in both routes.

Once it is agreed that a pupil is eligible for admission through Fair Access, parents are informed in writing as to the reasons their child meets the criteria for Fair Access.

Where a pupil who was electively home educated, is no longer in receipt of suitable education and is deemed eligible for the protocol, the Locality Team will liaise with the parent.

In line with the School Admission Code 2021 (September 2021) the following categories of children should be considered within the scope of this Protocol, who are of compulsory school age who have difficulty securing a school place:

• children either subject to a Child in Need Plan or a Child Protection Plan at the point of being referred to the Protocol or having had a Child in Need Plan or Child Protection Plan within the last 12 months at the point of being referred to the Protocol
• children living in a refuge or in relevant accommodation at the point of being referred to the Protocol
• children in formal kinship care arrangements
• children previously looked after where the Local Authority has been unable to promptly secure a place
• children from the criminal justice system
• children in Alternative Provision who need to be reintegrated into mainstream education or have been permanently excluded but are deemed suitable for mainstream education
• children with special educational needs (see point 1 below) (but without an Education, Health and Care plan), disabilities or medical conditions
• children who are carers
• children who are homeless
• children of, or who are, Gypsies, Roma, Travellers, refugees and asylum seekers
• children who have been refused a school place on the grounds of their challenging behaviour (see point 2 below) and referred to the Protocol in accordance with paragraph 3.10 of the Code
• children for whom a place has not been sought due to exceptional circumstances (see point 3 below)
• 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 (see point 4 below) place has been offered to a child and this has not been accepted

1. it is not acceptable in law to refuse a school place through the in-year transfer process due to a child having Special Educational Needs (SEN), being disabled or having a medical condition. The Children and Families Act 2014 places a duty on maintained schools and academies to make arrangements to support pupils with medical conditions. All schools have duties under the Equality Act 2010 towards individual disabled children and young people. All schools and academies are expected to make reasonable adjustments to meet a child's needs
2. challenging behaviour (whilst having due regard to point 1) will, in Stockton-on-Tees refer to children who have had a previous Permanent Exclusion (PEX), multiple suspensions over a prolonged period (more than 2 terms) despite multi-agency support and intervention from current school, periods of involvement with Alternative Provision (such as the Pupil Referral Unit (PRU) or Personal Development Curriculum (PDC)), more than one period of direction off site that has been unsuccessful
3. exceptional circumstances in Stockton-on-Tees relates to extreme circumstances that have affected the family that were unforeseen (could not have been planned). To meet this criterion at the point of triage it will be agreed by the Local Authority and at least 2 Headteachers (Primary for a Secondary, and vice versa) to avoid bias
4. a suitable school is one where the education or training provided is suitable having regard to the age, ability and aptitudes of the learner

This provision will not apply to children and young people who:

• are a Looked After Child, either in Stockton-on-Tees or other Local Authority
• are adopted, or became subject to a child arrangement order or special guardianship order
• have an Education Health and Care Plan (EHCP) naming the school in question

As the law requires that children and young people in any or all of these categories must be admitted.

The Local Authority has a duty to ensure sufficient school places for all children in its area. Where this is not the case and whilst the Local Authority is actively engaged in correcting the situation, a small number of children and young people who have been refused admission to all schools after moving to the area because the schools are up to their Published Admission Number may have to be referred to Panel.

A decision must be made and a placement secured for any child or young person considered to meet Fair Access status by the relevant Local Authority Officer, and whose case is presented. Fair Access Passports will be created for every pupil who is placed through this process. You can view an example of the Pupil Passport. (PDF, 221 KB)

Schools must work together to ensure a fair distribution of 'hard to place' children and young people in each school.

Responsibility is shared equally amongst admission authorities to ensure a place is allocated. These children and young people should be given priority for admission over others on a waiting list or awaiting an appeal. In Stockton-on-Tees it has been agreed through consultation with schools and the Local Authority that there will be a 'Fair Access priority list' which takes into account the number of Fair Access admissions a school has taken which will ensure that the process is fair and equitable.

Once the Local Authority Officers have identified a school and decisions on a placement made, the School Admissions Team and Locality Team will send a formal notification to the school and the decision will be communicated in writing to the parent or carer. Admission should then be without delay.

Schools must then contact the parent to arrange admission and notify the Local Authority of the admissions date which should be within 5 working days of the notification.

In the event a decision has been taken and the named school refuses access, they will be expected to provide a written response to requests to admit a child under the Protocol within seven calendar days.

For those schools still maintained by the Local Authority, we will inform the Governing Body of the school of its intention to direct. This will be escalated to the Assistant Director for Education. All schools must state reasons why they do not accept the Fair Access decision in writing to the Assistant Director for Education within five days.

If no agreement can be made with the school, then the Local Authority will inform school of its intention to direct by the Director of Children's Services.

The governing body of the school can appeal by referring the case to the Schools Adjudicator within fifteen calendar days of the Local Authority's decision to direct.

Similarly, it is expected that an Academy will also agree a starting date for the child or set out its reasons for refusal in writing to the Local Authority within seven calendar days. If an Academy has not agreed a start date for the child, the Panel will also refer to the Assistant Director for Education to resolve in the first instance.

If no agreement can be made then the Local Authority will inform the Academy Trust that it plans to apply for a direction from the Secretary of State via the Education Funding Agency who acts on their behalf.

Stockton-on- Tees is committed to working in partnership with other Local Authorities who border the borough. Following consultation with neighbouring Local Authorities it is agreed that Stockton-on-Tees will not consult to place children and young people through Fair Access Protocols in other Local Authority schools.

The Protocol will be reviewed annually and if necessary, revised and will be redistributed to schools.