Fair Access Policy 2025 to 2026 (reviewed June 2025)

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.