Secondary school fair access protocol
September 2025
The School Admissions Code (September 2021) School admissions code 2021 requires each Local Authority to have a Fair Access Protocol (FAP). All admission authorities must participate in their Local Authority’s protocol and Lancashire has a successful history of engaging schools in FAP panels. The Fair Access Protocol ensures that unplaced children, especially the most vulnerable, are offered a place at a suitable school as quickly as possible. This includes admitting children to schools that are already full.
See the statutory guidance School admissions code on GOV.UK for the School Admissions Code 2021 and Fair access protocols: advice for local authorities and school admission authorities.
The Fair Access Protocol is designed to ensure children who find themselves in challenging circumstances are found school places and outlines the arrangements to support this. Children missing education are at a significant risk of underachieving, victims of harm or exploitation and of becoming NEET later in life. Secondary schools and academies and all admission authorities do share responsibility for ensuring that vulnerable, new to area children are admitted to school as quickly as possible.
Effective working relationships between schools and the Local Authority and a mutual exchange of information about individual cases and local factors is vital. Most Lancashire's In-Year secondary admissions proceed with minimal bureaucracy and delay, and it is intended that this will continue in order to minimise Fair Access referrals.
For the Fair Access Protocol to work effectively it is imperative that the Local Authority has an overview of all the pupil placements that have taken place within a district. This document should demonstrate the distribution of pupils amongst the schools and needs to be a 'living' record that will provide a starting point at any meeting of the Fair Access Panel, when considering future placements. Although the School Admissions Code precludes a Fair Access admission applying to looked after children and children with Education Health and Care Plans it can be helpful for these pupils to be included in the overview.
Lancashire is committed to developing strong relationships with schools and hopes this protocol continues to support our most vulnerable children and the schools who offer them a place. There is an expectation that we all work in partnership to safeguard and promote the welfare of children.
FAP has a legal basis. The School Admissions Code (September 2021) is issued under Section 84 of the School Standards and Framework Act 1998. The Code imposes mandatory requirements upon various groups including Local Authorities and admission authorities (the Local Authority and Governing Bodies of all voluntary aided and foundation schools and academies and free schools).
The Code specifically requires that:-
Each Local Authority must have a FAP which is agreed with the majority of schools.
Outside of the normal admissions round unplaced children, especially the most vulnerable, must be offered places as quickly as possible.
The Local Authority must ensure that no school is asked to admit a disproportionate number of children who have been previously excluded or who present challenging behaviour.
All admission authorities must participate in FAP.
There is no duty to comply with parental preference.
FAP does not include children in public care (looked after children) or those with full Education, Health and Care Plans naming a school. These children must be admitted.
Admission authorities must admit children when asked to do so.
School Admissions Code – Section 3 – (3.14, 3.16 and 3.19)
Lancashire secondary schools already work well together and also with the Local Authority's Area Pupil Access Teams in order to manage in year admissions. Fair Access Panels operate effectively on a district basis and the vast majority of schools have active representation.
For some vulnerable children there are however occasional refusals to admit or delays in offering places. Fair Access seeks to ensure that the needs of the child and the school are considered in placing children who are included in the protocol.
FAP is needed therefore:-
To fulfil the legal requirements of the School Standards and Framework Act and the School Admissions Code.
To quickly place vulnerable children who are accepted within the FAP.
To avoid refusals to admit which are unlawful and which create gaps in educational provision. Refusals to admit often raise tensions between the parties involved.
The majority of pupils are admitted to schools through the routine admissions procedures. The FAP will be underpinned by a transparent, collaborative approach with the best interests of children at the forefront.
FAP arrangements must be fair, equitable and transparent.
FAP must acknowledge and address the needs of children not on a school roll and deal with place requests quickly and sympathetically.
FAP will seek to reduce the time that vulnerable children spend out of school.
FAP will seek to share Fair Access admissions between schools in an area though there will be occasions where a strict order cannot be applied.
FAP will apply to in year admission requests and not to children already within annual intake process.
Area Pupil Access Teams will administer and monitor FAP and may make referrals direct to secondary schools or to Fair Access Panels depending on the timing of the panel meetings.
Decisions made by the Fair Access Panels will be acted upon unless there are exceptional circumstances that the panel members were unaware of. This is essential to avoid delays and the unlawful refusal of places.
Lancashire's secondary FAP will apply to all families resident within the County. Those resident in other areas should approach their home local authority for advice. There may be exceptions where the Local Authority or a panel has accepted a referral within its agreed FAP.
Parental school preferences and denomination / faith requirements will be noted when considering a suitable school but this will not override the protocol when making referrals for admission.
Fair Access admissions only apply to pupils without a mainstream school place.
The FAP 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 school place through the usual In-Year admission procedures.
The categories for Fair Access admissions are as follows:-
Children either subject to a Child in Need Plan or a Child Protection Plan or having had a Child in Need Plan or Child Protection Plan within 12 months at the point of being referred to the Protocol;
Children living in a refuge or in other relevant accommodation at the point of being referred to the Protocol;
Children from the criminal justice system;
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;
pupils that have Special Educational Needs and are currently receiving additional targeted support within school (including children undergoing statutory assessment) but do not have an EHC Plan;
Children who are carers;
Children who are homeless;
Children in formal kinship care arrangements (as evidenced by a Child Arrangements Order not relating to either birth parent or a Special Guardianship Order);
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 * below for definition)
Children for whom a place has not been sought due to exceptional circumstances; (it is for the LA to decide whether a child qualifies to be placed via the FAP under this category, based on individual circumstances);
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 from their home;
Previously Looked After children for whom the Local Authority has been unable to promptly secure a school place.
* Behaviour can be described as challenging where it would be unlikely to be responsive to the usual range of interventions to help prevent and address pupil misbehaviour or it is of such severity, frequency, or duration that it is beyond the normal range that schools can tolerate (DfE School Admissions Code 2021).
Where a School Attendance Order (SAO) is being considered these pupils may fall under category k therefore, the Fair Access and Pupil Placement Officer will need to take the following into account before identifying a school to be named for the purpose of the SAO.
The nearest school to the child's home address, or the nearest school that has not admitted a pupil subject to a School Attendance Order during the academic year, or the last school the pupil was on roll at (within the district).
All Lancashire schools must participate in FAP - this is a legal requirement. The only circumstances where referrals will not be made are:
Where the child was previously permanently excluded from a school they will not be referred back to the same establishment.
Where there is a serious recent or ongoing complaint / legal issue with the child or family in relation to a particular school or a member of staff at a particular school.
Where there has been a police investigation of a serious nature involving a pupil or member of staff at a particular school.
Additionally, decisions can be made by panel members to exempt a school or a particular year group within a school because of challenging circumstances such as the behaviour of a cohort.
If the Local Authority is aware that a school has recently taken a referred Fair Access admission and in the short term a second request is made, the Area Pupil Access Team will inform the parents / carers about the principles of sharing Fair Access admissions and about other locally available places.
Occasionally, there may be very good reasons why successive Fair Access admission requests are made to the same school (for example - existing family links or isolated geographical location near to home address).
Fair Access Panels are now in operation across all of Lancashire and usually meet half termly. It is for the panels to determine how the pupils are distributed within a district.
The overriding expectation at panel meetings is for schools to be identified for each Fair Access referral. It is a reasonable expectation however that pupils are only brought to panel with as much background information as is available.
Criteria for consideration may include:
Parental preference?
Whose turn is it?
Is the school reasonably accessible by school or public transport?
Has the school already admitted Fair Access pupils into the particular year group?
Has the school admitted looked after children or children with EHC plans to that particular year group?
It is up to individual schools to nominate representatives and ensure attendance. In some districts, the head teachers are the decision makers but, in most cases, it is a senior leader from school, with pastoral responsibility. Representatives of all schools who attend district Fair Access Panel meetings must be empowered to make decisions once a referral has been agreed and take the pupil forward for admission.
If schools choose not to take part in the Fair Access Panel or a representative from a school does not attend a panel, Fair Access referrals will still be made and should be accepted without any second decision making taking place (unless one of the defined exceptions is subsequently identified).
Within these parameters, it is up to panel members to decide how the panels will operate; how they are chaired; and the role of the Pupil Access representative.
In-year applicants
In the vast majority of cases, children requiring a school place will continue to be admitted in accordance with the usual admission arrangements, rather than through the protocol.
Fair Access admissions will apply predominantly to Lancashire resident children, without a school place, who are seeking admission to a Lancashire school and meet one of the prescribed categories.
When an in-year admission request is made for a school place that is subsequently refused, the admission authority should consider whether the child would be eligible to be placed via the FAP. Where it considers that the child falls, or may fall, into any such category, the admission authority should notify the local authorities within 2 school days and submit evidence which demonstrates that they meet one of the Fair Access criteria (a-m).
The Fair Access and Pupil Placement Officer will investigate such matters and advise the school accordingly.
Where the in-year applicant does not meet the criteria for a Fair Access admission, the pupil should be admitted to the school without further delay or the parent should be informed of their right of appeal where the school is full.
Where the in-year applicant meets the criteria for a Fair Access admission the Local Authority should notify the parent/s of this, and a school place must be allocated within 20 school days.
Pupils being reintegrated from a Pupil Referral Unit
Allocations of school places for children who are being reintegrated from a PRU will be considered at the half termly Fair Access Panels.
Where a pupil is identified as ready to return to mainstream provision, preferences will be discussed with parents. Whilst consideration will be given to parental preference, any identified school will be in line with current Fair Access admission arrangements. When a school has been identified, the PRU will submit all relevant documentation to enable a reintegration to proceed.
The FAP will include the grammar schools where children have previously been assessed suitable for grammar school or who perform at a level which would indicate a grammar school would be well placed to meet their educational needs.
Where a case is accepted as a Fair Access admission a referral will be made by the Fair Access and Pupil Placement Officer. This may be direct to a school or to the district Fair Access Panel depending on the timing of the referral. To ensure there is a transparent exchange of comprehensive background information the expectation is that FAP referrals should be accompanied with all the relevant educational history including, as a minimum, behaviour chronology, attendance history and academic levels. Background information should be used to support a child after admission and cannot be cited as a reason to refuse admission. It is imperative that any previous conduct that might put staff or pupils at risk is also shared. Requests will not be unduly delayed pending a panel meeting taking place.
LCC's Fair Access and Pupil Placement Officer will oversee reintegration requests from PRU to mainstream school. Once agreed, an admission meeting will be arranged with all relevant parties.
As outlined in the School Admissions Code, the FAP sits outside the other admission processes and therefore
Schools cannot cite oversubscription as a reason not to admit a Fair Access pupil
Fair Access pupils must be given priority for admission above other pupils who may be on a school's waiting list
There is an expectation that the school will agree to the request to admit unless any of the criteria in Section 4 are met. In any event, schools should respond in writing within 5 school days to avoid a delay in the process. Where a school is declining the request to admit they must clearly set out their reasons for refusing to offer a place.
It should be noted that parents have the right to appeal for any school, at any time.
If a school fails to respond, causes undue delay or refuses to admit a Fair Access pupil, the Fair Access and Pupil Placement Officer will make every attempt to discuss the request with the head teacher, preferably by telephone but by email if need be. It is always preferable to negotiate an agreed placement.
A refusal to admit by a head teacher or school representative inevitably results in a vulnerable child being out of education for a protracted period and therefore results in exactly the opposite of what the Fair Access Protocol intends to achieve.
If a resolution cannot be reached, then the Area Pupil Access Officer may take the refusal up direct with the Chair of Governors and seek their assistance in proceeding with the Fair Access admission.
Where the school still refuses to admit, the Area Pupil Access Officer will assess the circumstances of the case and follow the steps below:-
Liaise with the school in question to resolve the block to the admission, liaising with the Chair of Governors where necessary.
Where these discussions are unsuccessful, the Area Pupil Access Officer will discuss with senior colleagues to consider a direction.
If it is agreed that there are good grounds to refuse admission the Fair Access and Pupil Placement Officer will secure an alternative place at another local school.
Where the Local Authority remains of the view that the school is the most appropriate placement and the reasons put forward for refusal are not legitimate, it will direct the school to admit. For academies, the decision will be whether to seek a direction to admit from the Secretary of State.
Section 6 of the School Standards and Framework Act 1998 confirms that the Local Authority is the admission authority for community and voluntary controlled schools. It states that governing bodies have a duty to implement any decision relating to the admission of pupils which is taken by or on behalf of the admission authority.
For voluntary aided and foundation schools, the Local Authority has powers to legally direct admission in certain circumstances. Prior to this happening there would be liaison with the Governing Body (usually via the chair of governors).
For academies and free schools the Local Authority can request that the Secretary of State intervenes if it is not possible to reach an agreement through consultation. The Secretary of State will usually take advice from the Office of the Schools Adjudicator in deciding to legally direct an academy or free school to admit a child.
The governing body of a maintained school can appeal by referring the case to the Schools Adjudicator within 15 calendar days. Similarly, it is expected that an Academy will agree a start date for a child or set out its reasons for refusal in writing to the local authority within 15 calendar days.
If an Academy has not agreed a start date the local authority can apply for a direction from the Secretary of State via the Education Funding Agency.
In cases where following the admission of a pupil, information is subsequently received from the previous school which had this information been available at the time of admission the pupil would have been considered under the Fair Access Protocol, the Fair Access Panel representative can request a retrospective FA admission.
For a retrospective FA admission to be included in the district overview a request needs to be made in writing/email to the Fair Access Panel rep. providing full details of the new information received, evidence of issues which have arisen since the child was admitted to school (within 4 weeks) and the reason why it is felt that this child should be considered under the Fair Access Protocol.
The request will be considered against the Fair Access criteria and a decision communicated to the school.
The pupil must remain on roll at the school and the placement will then be recorded as a Fair Access admission, if appropriate.
The Area Pupil Access Team will produce an annual report that provides data on the number of permanent exclusions, suspensions and Fair Access referrals within each district.
Contact the thematic lead for fair access in your area via your area education office.