In-Year Fair Access Protocol (Secondary) 1. Introduction 1.1 This protocol should be read in conjunction with Chapter 3, School Admission Code (DFES Feb 2007). 1.2 In-Year Fair Access Protocols (formerly referred to as ‘hard to place pupil protocols’) exist to ensure that access to education is secured quickly for vulnerable children and young people who have no school place, and to ensure that all schools in an area admit their fair share of children and young people with challenging behaviour. The protocol includes: 1.2.1 children in public care (looked after children); 1.2.2 excluded pupils; 1.2.3 children attending PRUs who need to be reintegrated back into mainstream education; 1.2.4 children who have been out of education for longer than one school term; 1.2.5 children whose parents have been unable to find them a place after moving to the area because of a shortage of places; 1.2.6 children of refugees and asylum seekers not in accommodation centres; 1.2.7 homeless children; 1.2.8 children with unsupportive family backgrounds where a place has not been sought; 1.2.9 children known to the police or other agencies; 1.2.10 children without a school place and with a history of serious attendance problems; 1.2.11 traveller children. (DFES Guidance – Hard to Place Children – Developing and Agreeing a Protocol, 2006) 1.3 All admission authorities and Admission Forums must have Fair Access Protocols in place by September 2007 and a locally agreed protocol encourages Calderdale secondary schools to work together in partnership along with the Local Authority (LA) to more effectively meet the needs of these children and young people. 2. Main Principles 2.1 Some of the following principles are based on mandatory requirements but others have been included by agreement with representatives from Calderdale Association of Secondary Headteachers (CASH) and local authority officers to In Year Fair Access Protocol Page 1 reflect a shared commitment to the Every Child Matters agenda. It is acknowledged that for the scheme to be successful: 2.1.1 all schools will take part; 2.1.2 schools will continue to admit local pupils who apply for an available place, under normal admission arrangements; 2.1.3 schools cannot say that they are over-subscribed if they are asked to admit a pupil under the scheme, and “difficult to place/high need” pupils will be given priority for admission over any others on a waiting list or awaiting an appeal; 2.1.4 schools must respond within the agreed timeframe (7 days) to requests for admission so that the admission of the pupil is not unduly delayed; 2.1.5 the local authority will take account of any genuine concerns about the admission, for example a previous serious breakdown in the relationship between the school and the family, or a strong aversion by the family to the religious ethos of the school; 2.1.6 if there is the potential to make a choice between a young person who has a denominational affiliation or one who doesn’t then we would offer the “denominational pupil” to the denominational school; 2.1.7 a clear vision and strategy for meeting the needs of hard to place pupils will be agreed by the Admissions Forum; 2.1.8 these pupils are the shared responsibility of all those involved in the young person’s education (schools, agencies and parents/carers); 2.1.9 the focus will be on meeting the needs of the identified young person including the provision of flexible education; 2.1.10 every young person will receive an entitlement based on an agreed set of standards across all schools; 2.1.11 all appropriate agencies will support the education of the young person; 2.1.12 a commitment to pooling funding and/or resources to support successful placement for these young people will be sought from all schools and appropriate agencies; 2.1.13 representatives from schools in the Calderdale Campus Collaboratives will participate in cluster admissions panels for ‘difficult to place/high need’ pupils in partnership with officers from the LA and representatives from appropriate support services/agencies where necessary; 2.1.14 the procedures must be fair and transparent; 2.1.15 monitoring must be undertaken by the LA and reported on annually. In Year Fair Access Protocol Page 2 3. Procedure 3.1 The general rule should be that if a child moves into the area, he/she attends a local school or the school named by the parents as their first preference. Headteachers should not refuse to admit a child if there is a place available. It is only in exceptional circumstances that schools may refuse admission (3.13 School Admission Code). For schools which are their own admissions authorities Headteachers and Governing Bodies must agree a procedure whereby the Head in consultation with the Chair is empowered to make speedy decisions about the placement of a pupil so that there is not a further period of absence from school. 3.2 If a pupil moves into the area and cannot find a school place, this may be for one of the following reasons: 4. 3.2.1 all the local schools are genuinely full in the relevant year group; 3.2.2 the pupil has serious behavioural problems which the school cannot deal with (e.g. because it is in Special Measures); 3.2.3 the pupil cannot travel to the school which can be offered, either because it is too far away or because the pupil has specific difficulties. Non-contentious requests 4.1 Where a child moves into an area and the only obstacle preventing that child from obtaining a place is that all local schools are full, the Admissions Officer will assess the situation to identify whether: 4.1.1 all local schools are genuinely full in that particular year group; 4.1.2 there has been no demonstration of challenging behaviour as identified through fixed term or permanent exclusions at any previous secondary school or schools. 4.2 The Authority has a statutory obligation to ensure that suitable educational provision is found within 20 days for pupils who are not in education. Where non-contentious requests are received and the above circumstances apply, the Admissions Officer may take the decision to invoke the protocol and direct a school to admit a pupil even where a school has already reached its published admission number. 4.3 Such requests will not be considered through Area Admissions Panels and will not attract additional support. Where directed to admit children, a school will however be awarded points under the points-weighted system. 5. The points-weighted list of schools 5.1 If the pupil is accepted by the local authority as being “difficult to place/high need”, the schools best suited to meeting the pupil’s needs will be identified and a points-weighted list will be referred to in order to identify which school’s turn it is to admit next. A single points-weighted list will be used (Appendix 1), in the case of secondary schools, to place “difficult to place/high need” pupils, In Year Fair Access Protocol Page 3 permanently excluded pupils and pupils entering school through the Managed Transfer Protocol. 5.2 The schools are ranked (Appendix 2), using data relating to such factors as the number of pupils with statements of SEN, pupils on School Action Plus and the number of children eligible for free school meals. 5.3 When a school admits a pupil under the In-Year Fair Access Protocol or Managed Transfers Protocol points are credited to the school and the school moves to a lower position on the list. Schools will not normally be asked to admit more than three or four pupils in any one year. 5.4 Ideally, pupils will be placed in a school within their local community/collaborative but, in certain circumstances, there may be a requirement to place the pupil in a school within a different collaborative. (e.g. there could be placement issues in the Central Campus due to the designation and current status of secondary schools within that collaborative.) 5.5 Updated information on placements made via the In-Year Fair Access and Managed Transfers Protocols will be issued to schools annually in the summer term. 6. Additional Support 6.1 Hard to place pupils admitted to schools under this scheme may require additional support to ensure successful placement. In order to facilitate this, identified agencies will be requested to participate in the Area Admissions Panels and will be asked to contribute to the pupil’s individual support plan, where appropriate. In Year Fair Access Protocol Page 4 Managed Moves Protocol 1. Introduction 1.1 In some circumstances, it may be appropriate for a registered pupil of compulsory school age to transfer to another school to reduce, for example, the risk of the pupil being permanently excluded. 1.2 Managed moves should be undertaken according to a clear procedure in order to avoid disputes between schools, parents and the local authority regarding respective responsibilities for the education of the particular pupil. 1.3 A managed move should be initiated by the pupil’s current school following discussion with parents. 1.4 A managed move is not appropriate when: 2. 1.4.1 The pupil is a persistent non-attender. This is the responsibility of the current school in co-operation with the Education Welfare Team. 1.4.2 The young person is not on a school roll. A young person of compulsory school age who is not on roll is the responsibility of the local authority. Principles 2.1 All maintained schools in Calderdale must agree to act in accordance with this protocol particularly with reference to its time-scales and in the provision of appropriately detailed pupil information. 2.2 All schools must act in a spirit of partnership and co-operation for the managed transfer arrangements to work. 2.3 A managed transfer request will normally be initiated by the child’s current school. 2.4 The full agreement of parents to the managed move must be obtained in writing. 2.5 The interests of the child or young person are paramount when considering a managed move. The views of the pupil to voluntarily undertake a transfer to another school should therefore be sought and considered carefully. Justification for the transfer of “looked after” pupils or pupils who have a statement of SEN will need to be especially strong. 2.6 Where a pupil has a statement of SEN, interim statutory review procedures must be implemented prior to any transfer request or a permanent exclusion. A managed move must form part of either the pupil’s Pastoral Support Plan (PSP) or Individual Education Plan (IEP), for pupils with special educational needs. 2.7 It is the collective expectation of both schools and the local authority that a managed move must be considered prior to a permanent exclusion being implemented. The pupil would be expected to be at least at School Action Plus of the SEN Code of Practice, thereby demonstrating that all other preventive strategies have been exhausted. In Year Fair Access Protocol Page 5 2.8 Pupils will normally be expected to have undergone a managed transfer between schools prior to a managed transfer to the PRU. 2.9 All managed moves will last for an initial trial period of six weeks, with a set date for a formal review procedure, at which a final decision will be made as to whether the move will now become permanent. 2.10 The home school will retain the pupil on its admission register throughout the trial transfer period and must also maintain a daily attendance register during that time. Pupils attending the PRU as a managed transfer will be dual registered with the home school and the PRU. 2.11 A receiving school must admit the pupil in accordance with the principles outlined in a plan tailored to meet the child’s individual needs. This might, for example, include mentoring or a period of attendance within a Learning Support Unit alongside full mainstream school activities for the duration of the trial period. 3. Procedures 3.1 Where a Headteacher wishes to initiate a managed move he/she (or member of staff with delegated responsibility) should inform the Reintegration Officer of the possibility of a managed transfer being requested. 3.2 The Headteacher (or member of staff with delegated responsibility) should then consult parents and the pupil about their views on a transfer to another school at a review meeting of the child’s progress, as part of the pupil’s current pupil support plan (PSP) or individual education plan (IEP). 3.3 Where a pupil is the subject of a statement of SEN, the review must take the form of a statutory interim review, which must be attended by an appropriate local authority officer. 3.4 Written consent should be obtained from the parents or carers with a clear indication of which school(s) the parent is willing to consider. Parents should be informed that there is no guarantee that their request will be met. In most cases, the local authority would expect a managed transfer between schools to have been carried out, prior to applying for a place in the PRU. 3.5 The Headteacher (or member of staff with delegated responsibility) wishing to initiate the managed move should then complete the appropriate ‘Request for Managed Transfer’ form. The form is used for record keeping and monitoring. A copy should be sent to the Reintegration Officer. 3.6 The home school will be required to provide the receiving school with information relating to the pupil’s progress, attainment and behaviour. If the pupil has a statement of SEN both the latest statutory annual review and the results of the interim review should also be provided. 3.7 The Headteacher (or member of staff with delegated responsibility) wishing to initiate the move will contact the proposed receiving school with the request for a managed transfer. If the request is approved by the receiving school, a meeting with the new Headteacher (or member of staff with delegated In Year Fair Access Protocol Page 6 responsibility) and parents and pupil will be arranged without delay. The receiving school will explain to the parent and pupil how the six-week ‘trial’ period will operate and that the pupil must remain on the previous school’s register during this period. The Reintegration Officer will only become directly involved with managed transfer procedures in cases where the request for a managed transfer is proving problematic. 3.8 The following arrangements must be put in place in implementing a managed transfer: 3.8.1 the starting date for the trial period of the transfer; 3.8.2 any agreed attendance arrangements; for example, it may not be appropriate for all pupils to transfer on a full-time basis with immediate effect; 3.8.3 the length of the trial transfer (usually six weeks) and the date set for the final review meeting; 3.8.4 the arrangements for reporting and recording the child’s attendance record. (This will be kept on the “home” school’s register, using the code for “receiving education off-site”, so long as the child is actually in attendance when required. Absences which are not approved must be recorded as “unauthorised”); 3.8.5 any other issues needing clarification such as transport, learning support, involvement of local authority officers and other professionals. 3.9 In exceptional circumstances, if the receiving school wants to end the trial before the six-week period is completed, the Headteacher (or member of staff with delegated responsibility) must, firstly, consult with the Reintegration Officer and the Headteacher (or member of staff with delegated responsibility) of the home school before confirming this in writing to the parent(s), the local authority and to the home school Headteacher, specifying the date from which the child must return to their home school. This will only occur in instances of extreme behaviour. 3.10 At the agreed final review meeting, a decision must be made to determine whether the child will return to their home school or be admitted to the new school on a permanent basis. Further trials will only be appropriate in unusual circumstances such as long-term absence through illness. 3.11 On the agreed date, the child must be removed from the admission register of the home school and added to the admission register of the receiving school. Any remaining school records should then be transferred. Once this has happened, the receiving school cannot remove the pupil again, except by permanent exclusion or referral for a managed transfer to the PRU. In the case of a pupil with a statement of SEN, this would be required prior to an interim review of the statement. 3.12 There are no budget considerations connected with managed moves unless the headteachers of the home school and the receiving school agree between them to transfer funds. In Year Fair Access Protocol Page 7 Note: In this protocol, “parent” includes any person who has ‘parental responsibility’ for a child. In Year Fair Access Protocol Page 8 Gender/Ethnicity/SEN ZB 10 Mytholmroyd OOA f/w b V SL 9 Elland m/ wb D AP 11 Boothtown m/ wb C LP 10 Hebden Bridge f/w b V MP 11 St John’s HX1 f/oo th C √ MN 11 Shelf m/ wb D √ EA 9 Gibbet St HX1 m/a pk V JB 10 Hove Edge m/ wb D In Year Fair Access Protocol √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Page 9 √ √ √ √ √ √ √ (ESOL) √ √ √ TOTAL (out of 14) Unable to find place due to shortage of places Managed Transfer Protocol implemented asylum seeker, young carer, teenage parent Other e.g. refugee, CAMHS Care Services YOT, police. Domestic violence Minimal home support Disaffected Out of ed for more than one term History of attendance problems Permanently excluded Significant no. of fixed term exclusions Looked after CC collaborative Year group Address Name Appendix 1 In-Year fair Access Protocol (Identification of Hard to Place Pupils) – Draft 9 √ 6 √ 4 3 2 2 2 1 Appendix 2 Collaboration Model – Secondary School Rankings - Draft Campus Valley Central Schools Specialism Diploma SA+ SEN( statements) FSM Total (ave) Rank Media 31 (3.8%) 35 (4%) 105 (13.8%) 7.2% 3 Todmorden High Visual Arts Ryburn Valley High Media Arts 49 (3.6%) 41 (3.1%) 114 (10.1%) 5.6% 2 Sowerby Bridge High Maths & ICT 32 (3.3%) 44 (4.5%) 224 (26%) 11.3% 4 Calder High Technology 23 (1.8%) 47 (3.4%) 111 (10.2%) 5.1% 1 Halifax High at WP MFL/Performing Arts 36 (5.2%) 16 (2.5%) 268 (41.6%) 16.4% 5 North Halifax Grammar Science 5 (0.5%) 2 (0.2%) 7 (0.9%) 0.5% 1 St Catherine’s Catholic High Science & Technology 50 (6.1%) 10 (1.2%) 132 (17.4%) 8.2% 4 Holy Trinity C of E Senior Business & Enterprise 24 (2.4%) 23 (2.3%) 49 (5.5%) 3.4% 3 The Ridings Visual Arts 55 (10.4%) 22 (3.3%) 229 (39.1%) 17.6% 5 Crossley Heath Grammar MFL 9 (0.9%) 2 (0.2%) 11 (1.4%) 0.8% 2 45 (87%) 7 (13%) 18 (35%) 45% N/A PRU In Year Fair Access Protocol IT Page 10 District 30 (2.1%) 44 (3.2%) 121 (10.1%) 5.1% 4 Business & Enterprise 28 (2.1%) 39 (3.1%) 65 (6.2%) 3.8% 1 Hipperholme & Lightcliffe High Sport 43 (3.7%) 20 (1.8%) 69 (6.8%) 4.1% 3 Brooksbank Sport 9 (0.6%) 35 (2.3%) 123 (9.1) 4% 2 Park Lane High Arts 32 (7.4%) 25 (6%) 141 (34.1%) 15.8% 5 Ravenscliffe Sport 0 (0%) 115 (100%) 26 (32.5%) N/A N/A Rastrick High Technology Brighouse High Calderdale College In Year Fair Access Protocol Health & Social Care Construction Page 11
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