Secondary School Fair Access Protocol (FAP)

Section 9 – Direction

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.