Secondary School Fair Access Protocol (FAP)

Legal background

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)