‘FAIR ACCESS’ PROTOCOL
SECONDARY SCHOOLS
1.
Introduction
1.1
Each local authority is required to have a Fair Access Protocol, agreed with the
majority of schools in its area, to ensure that, outside the normal admissions round,
unplaced children, especially the most vulnerable, are offered a place at a suitable
school as quickly as possible. (School Admissions Code 2012)
1.2
In agreeing a protocol, the Local Authority must ensure that no school, including
those with available places is asked to take a disproportionate number of children
who have been excluded from other schools, or who have challenging behaviour.
1.3
The protocol must include how the Local Authority will use provision to ensure that
the needs of pupils who are not ready for mainstream schooling are met.
1.4
The School Admissions Code 2012 gives local authorities and schools, including
academies, the freedom to develop and agree protocols which best serve the needs
of children in their area. It is for participating schools to ensure that the local protocol
works for them and is reviewed as required with the Local Authority.
2.
Purpose of the Protocol
2.1
This Protocol is designed to facilitate the school placement of the most vulnerable
and/or challenging young people, who are seeking admission to a Blackburn with
Darwen secondary school or academy, live in Blackburn with Darwen and who fall
into one of the categories mentioned in section five.
2.2
For most pupils, in-year admissions will be a standard procedure; therefore the
application of this protocol will not be necessary.
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2.3
Movements under the ‘Managed Moves’ protocol1 will also be considered as ‘Fair
Access’ admissions in that they will be formally recorded and monitored by the Fair
Access Panel.
3.
Aims of the Protocol
3.1
This scheme is designed
- to acknowledge the needs of vulnerable young people
- to enable requests for admission to be dealt with quickly and effectively.
- To take into account the needs of schools alongside the individual needs of each
pupil
- Pupils who fall within the definitions of this protocol are at risk of spending a
significant length of time out of school, which should be reduced by the scheme.
- Pupils with challenging needs will be admitted to schools on an equitable basis
- It is intended that the scheme will be equitable, transparent, managed and have
the confidence of all schools
4.
Main Principles
4.1
In order for the scheme to be successful it is essential that all maintained schools
and academies (including free schools) take part in the protocol, even if they are
responsible for their own admissions.
4.2
Schools will continue to admit all pupils falling outside this protocol who apply for an
available place, under normal admission arrangements.
4.3
Schools cannot cite over-subscription if they are asked to admit a pupil under this
protocol.
4.4
Pupils under this protocol will be given priority for admission over any others awaiting
an appeal for admission or those on a waiting list.
4.5
Schools must respond promptly to requests for admission so that the admission of all
pupils is effected within a period of 7 calendar days from the date of the Fair Access
Panel’s decision.
4.6
The Secondary Fair Access Panel2 may take account of any particularly exceptional
circumstances regarding the admission, provided this is supported by written
evidence
4.7
In identifying the most appropriate school, the Panel will take into account the
following factors; parental preference, geographical proximity, the circumstances and
needs of the pupil, the circumstances and needs of the receiving school, whether
any of the schools identified have a high proportion of children with challenging
behaviour and/or persistent absence or a high percentage of pupils permanently
excluded and the number of pupils already placed at the school under the ‘Fair
Access’ protocol.
1
Appendix B - A Managed Move has been described as a “move to another school to enable the pupil to have
a fresh start in a new school”.
2
Appendices A, C and D
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4.8
The Fair Access protocol recognises the right of parents to state a preference and,
accordingly, parents will be asked to state three preferences3.
5.
Compliance with statutory regulations
5.1
There is no duty for local authorities or admission authorities to comply with parental
preference when allocating places through the Fair Access Protocol. In
circumstances where the Fair Access Panel has offered admission to a school that is
not a parental preference, the parents will have the right of an independent appeal.
6.
In what circumstances will the Protocol be used?
The DfE stipulates that any ‘Fair Access’ Protocol must include, as a minimum,
children who fall into one of the following categories.
Children from the criminal justice system or Pupil Referral Units who need to be
reintegrated into mainstream education
Children who have been out of education for two months or more
Children of Gypsies, Roma, Travellers, refugees and asylum seekers
Children who are homeless
Children with unsupportive family backgrounds (pupils on CPP)
Children who are carers
Children with special educational needs, disabilities or medical conditions (but without a
statement)
Schools and Local Authorities are also free to include other categories to meet the needs
of children residing in the area. As part of the consultation, secondary schools within
Blackburn with Darwen may wish to consider whether it would be appropriate to include
other local criteria, such as:
Children within the criminal justice system for whom the home school cannot
support bail conditions.
Children in year 10 during Summer Term and all year 11s?
New arrivals with no command of the English language?
Children put forward for a managed move?
Children subject to a managed move which did not work out and where their return
to the home school was not possible?
Children who moved to a new school via the Fair Access Panel but it did not work
out within one term and whose parents are requesting admission into another
school
3
See Appendix A for the process
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7.
Process
7.1
Identification of a pupil under this protocol will be based upon evidence received
from the parent/transferring school/receiving school/Local Authority as applied to the
definitions above.
7.2
Once a pupil has been classified for fair access the Local Authority (LA) will initiate
the protocol. Pupils will be allocated to schools by the Panel in an equitable and
transparent manner.
7.4
It will be for receiving schools to manage the practicalities of Fair Access
admissions.
8.
Monitoring and Evaluation
8.1
Headteachers, Principals and the Local Authority will monitor the effectiveness of the
Fair Access Panel throughout its implementation. A formal review and evaluation
will take place on an annual basis.
8.2
The Local Authority Officer will be accountable to the Director of Children’s Services
and the school representatives will report back to their constituent bodies.
8.3
Statistics regarding the number of fair access pupils placed, the receiving schools
and standard in year transfers will be reported at each panel meeting and termly to
Secondary Headteachers, Principals and the Local Authority.
8.4
Some pupils who are admitted into schools following implementation of ‘normal’
admission procedures may subsequently be found to meet ‘fair access’ criteria.
These children will remain on the receiving school’s roll but may, at the discretion of
the Fair Access panel, be considered as fair access admissions for monitoring
purposes.
9.
Funding and Additional Support
9.1
A ‘dowry’ of £2000 is currently paid by the Local Authority to all mainstream schools
receiving a permanently excluded pupil from the secondary pupil referral unit. This
arrangement will cease in March 2014.
9.2
A ‘fine’ of £3000 is currently paid by secondary schools to the Local Authority for
each confirmed permanent exclusion. This arrangement will cease in March 2014.
9.3
A pupil who has been permanently excluded from a Blackburn with Darwen school
will usually have been referred to St Thomas’s Centre. A school will be allocated at
a subsequent Fair Access Panel but the pupil will only be reintegrated into that
school when, following assessment, they are considered ready for a supported
reintegration into mainstream school
9.4
A pupil moving to live in Blackburn with Darwen who has been permanently
excluded from his/her previous school, and not yet re-integrated into mainstream,
will be placed initially in the secondary pupil referral unit. A supported re-integration
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into mainstream when appropriate would be managed through the Fair Access
protocol
10.
Compliance with the Protocol
10.1 The Fair Access Panel’s decision will be binding on the school to which it applies;
regardless of its admission authority status. Any system for placing this group of pupils will
only succeed if all schools agree to accept the protocol and adhere to it.
10.2 Fair Access Panel decisions will also be binding in cases where the receiving school
is not represented at the Panel meeting where the decision to admit is taken.
10.3 In respect of Fair Access Panel decisions, the LA has powers to direct admission to
LA maintained schools. Such schools must comply with an LA direction or appeal against
the decision to the School Adjudicator.
10.4 In respect of Fair Access Panel decisions involving academies, the LA will refer any
refusal to admit to the Secretary of State, who has powers to direct the admission of
individual children.
10.5 The School Admission Code 2012 states that children thought to be potentially
disruptive or to exhibit challenging behaviour should not be refused a school place on the
grounds that they should be assessed first for special educational needs. Where a child
has come from another LA (and information may be lacking) a place should be offered by
the Fair Access Panel and then the child assessed, once admitted.
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APPENDIX A - SECONDARY FAIR ACCESS PANEL PROTOCOL
1.
Purpose of the Protocol
1.1
This protocol is intended to meet the needs of those young people who are seeking
a transfer from their current secondary school who also fall into one of the categories
mentioned in section five of the Fair Access Protocol. It is intended to acknowledge
the real need of vulnerable young people where the current school placement has
irrevocably broken down. Wherever possible the LA will initially seek to facilitate the
retention of the pupil in their current school place.
1.2
When necessary, schools will admit pupils with challenging educational needs on an
equitable basis, eliminating the need for any school to admit an unreasonable
proportion of such pupils
1.3
This protocol will be equitable, transparent, managed and have the confidence of all
schools. It is not intended to apply to those pupils whose parents are seeking a
different school where the LA has been unable to identify clear evidence that the
change of placement is justified. In such cases, standard admission arrangements
will apply.
2.
Process
2.1
When parents request a transfer from their child’s present school an in year
application form will be issued.
2.2
When a completed in year application form is returned that identifies issues with the
current school placement, these issues will be investigated and addressed with the
parent and/or the current school by an LA officer.
2.3
The Fair Access Panel will meet on a fortnightly basis and will consider those
children of compulsory school age in the categories set out in section 5 above, who
have not been successful in securing a school place through the normal admissions
process or who are not expected to be successful.
3.
Compliance with statutory regulations
3.1
There is no duty for local authorities or admission authorities to comply with parental
preference when allocating places through the Fair Access Protocol. In
circumstances where the Fair Access Panel has offered admission to a school that is
not a parental preference, the parents will have the right of an independent appeal.
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APPENDIX B - SECONDARY MANAGED MOVES PROCESS
Introduction
A Managed Move has been described as a “move to another school to enable the pupil to
have a fresh start in a new school”.
A managed move should only take place when the pupil’s parents/carers are in agreement
and the pupil is also willing to transfer and attend the receiving school.
This process sits outside the normal admission arrangements, i.e. these cases have the
benefit of being exceptions to the normal rules on admission and therefore a managed
move can take place even when the year group in the receiving school is over its published
admission number without the pupil having to appeal to the independent appeal panel.
The managed moves process does not apply to those pupils who have a Statement or an
Individual Pupil Resourcing Agreement (IPRA) for their Special Educational Needs. Such
pupils have already had their needs assessed through a statutory process and additional
support or a change of placement requires a review of the statement. Where a school
identifies a pupil either with a statement of Special Educational Needs or an IPRA who is at
serious risk of exclusion an interim or early review should be called. It will then be possible
to consider the pupil’s changing needs and recommend amendments to the Statement or
IPRA, as an alternative to the pupil being excluded.
Parents should not be pressured into removing their child from a school under threat of
permanent exclusion, nor should the pupil’s name be deleted from the school roll on
disciplinary grounds unless formal permanent exclusion procedures have been followed.
The managed move process should usually be completed within 6 weeks - this can be
extended depending on circumstances up to 12 weeks. At the end of that period a decision
should be made whether the change of school is to be permanent. Both schools and the
family should decide this together.
Until this decision, the pupil should remain on the register of the ‘home school’ and the
receiving school should provide daily attendance information; no funding will be available
to the receiving school until the pupil has been placed on the roll as a single registration.
Prior to the commencement of the managed move, schools will share safeguarding
information – where appropriate.
Ultimately schools are responsible for the safeguarding and welfare of any pupils educated
off-site. Whenever using the ‘B’ or ‘D’ attendance codes, schools are certifying the
alternative educational provision is supervised, e.g. the ‘B’ code must never be used where
a pupil is at home doing school work. Schools should always ensure that they put in place
monitoring arrangements whereby the receiving school actively notifies the home school of
any absences by individual pupils – and the schools should then record the pupil’s absence
in the normal way using the relevant DfE national absence code
In certain circumstances, including managed moves, the pupil registration regulations allow
for the dual registration of pupils at more than one school. The ‘D’ code should be used to
indicate that a pupil was not expected to attend the session in question because they were
scheduled to attend the other school at which they are jointly registered. although the ‘D’
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code can also be used for GRT children when they are known to be registered at another
school during the session in question. Each school should only record the pupil’s
attendance and absence for those sessions that the pupil is scheduled to attend the school
and schools must ensure that they maintain arrangements whereby any unexplained or
unexpected absence is followed up and reported in a prompt and timely manner, including
sharing this information with the LA when a pupil fails to attend any establishment for a
continuous period of 10 or more days.
If the receiving school is thinking of ending the managed move the Head Teacher of the
receiving school should hold an urgent review meeting involving the two schools, the pupil
referral unit (as facilitator) and the family. If the managed move is ended this should be put
in writing to the family and the pupil should return to the home school. The home school
will then work with the family and support services to plan a new way forward. The failure
of a managed move should not automatically result in a permanent exclusion.
The home school and the receiving school do have the right to use fixed period exclusions
as a behaviour management strategy but only the home school, which has the child on the
roll, has the right to permanently exclude.
When is a managed move likely to be appropriate?
A change of school may be effective when a pupil’s difficulties are related to inappropriate
peer relationships, for example where a group of peers are encouraging the pupil to behave
badly, where the pupil is being bullied or is unhappy with friendships in the home school.
A move may also be helpful where the relationship between parents/carers and the home
school have broken down.
A managed move may be appropriate after the pupil has committed a one-off significant
offence that would have led to permanent exclusion.
A managed move is most likely to be successful when the pupil and their family have
reached a point of wanting a fresh start and are willing to work with staff to change their
behaviour. The secondary pupil referral unit can, where appropriate, facilitate the managed
move.
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Process
If the move is not properly planned and if parental or pupil wishes have not been fully
considered the ‘managed move’ is unlikely to be successful.
1. Staff at the home school and parents agree a fresh start at a new school. Pupil and
parental preferences on an appropriate alternative school are sought. Notes of the
meeting are sent to parents/carers and a copy kept on file.
2. The Headteacher of the home school contacts the Headteacher of the proposed
school to discuss the pupil and seek an initial agreement to consider the transfer.
3. The Headteacher of the home school will provide the information required on the
Proposed Managed Move form together with any additional material that would
assist and forward to the receiving school including relevant safeguarding
information.
4. The child’s move is formally noted by the Fair Access Panel.
5. Parents/carers and the pupil are invited to an interview at the prospective school.
6. The agreement is signed by the head teachers of both the home and receiving
school.
7. Both schools will agree with the parents how basic school uniform will be provided,
e.g. school blazer, tie etc.
8. Following agreement to take the pupil, there is a visit to the receiving school during
which the pupil, parents/carers and any other adults involved meet key school staff
and a support plan is agreed. The plan will include:




Timetable/class/tutor group
Mentoring and support arrangements (e.g. use of inclusion unit/centre/TA
support; peer mentoring; supervised breaks)
Travel and dinner arrangements
Induction programme including policies and procedures relating to attendance,
behaviour, homework, school activities
It is important for there to be a named person at the home school who will liaise with
the receiving school, monitor how the pupil is settling in, monitor attendance and
attend reviews up to the point of change of roll or return to the home school.
Maintaining contact between the home school and receiving school may reduce the
pupil’s feelings of isolation.
An individual package with multi-agency support should be in place for the student
prior to entry. The package should describe realistic expectations of the student. This
should include:
 Frequent, regular access to a named adult with whom the pupil can share anxieties
and concerns as well as successes and achievements.
Secondary Fair Access Protocol – v05 – November 2013
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

Involvement of a specialist mentor, Teaching Assistant or Behaviour Support
Teacher in order to address behaviour concerns as soon as they arise.
Peer support through a buddy or peer mentoring programme.
In addition a transferring pupil may require access to and support from a range of agencies
and professionals as identified in the plan.
It is good practice to involve parents/carers as fully as possible. When asked, some
parents/carers have identified that they appreciate:
 Having one key, named person they can contact in school and who attends reviews
 Receiving regular feedback about how their child is doing, both good and bad
reports
 Being informed of problems as soon as they arise.
Reviews involving staff from the schools, the family and other key adults should be held
every two to four weeks until a decision is made about the future of the placement.
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When faced with possibility of a permanent exclusion for a single significant event
a Headteacher may offer a managed move, without the possibility of return.
However the Headteacher must be sure that the incident warrants permanent
exclusion.
The Headteacher feels that a fresh start
may be beneficial to the pupil
Discuss the position with
the parent – a managed
move can be pursued
instead of the permanent
exclusion being referred to
Governors. (If the move
fails the school will reimpose permanent
exclusion).
The Headteacher feels it necessary
to make a stand or feels the pupil
will not benefit from a managed
move.
Parent refuses to
accept a managed
move
Parent accepts a managed move and agrees
to the Governors meeting being deferred
Headteacher issues a fixed period
exclusion and raises the matter with the
requested school to seek a placement offer.
Plans for introduction to identified school
using the Managed Moves Protocol.
Register entry as a guest. Regular reviews
of progress must be undertaken. The
decision to transfer school roll must be
made within 6 weeks
Inform parent of
permanent
exclusion,
prepare
paperwork & ask
Clerk to arrange
necessary
Governors
meeting within
15 school days.
Process
followed
NOTE: Headteacher considers
that s/he has truly exhausted all
external options
Transfer unsuccessful –
receiving school Headteacher
informs the previous school
Transfer successful – name added to the
receiving school roll changing register
entry.
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Referral form requesting agreement for a managed move
To: ……………………………………………………………….. (Name of Head Teacher)
I am seeking your consideration of a transfer to your school under the terms of Blackburn
with Darwen’s managed move protocol. This pupil has been subject to …. managed
moves(s) before. (Insert number of previous managed moves).
Pupil:
Name of parent/carer:
Address:
Date of birth:
Ethnicity:
Year Group
Looked after
Child?
Yes / No
CAF?
CIN?
CP?
(Please delete as appropriate)
Current school:
SEN Status:
Are there any factors which have influenced the school to be approached:
Why is a managed move being sought: (please enclose copies of any relevant documents)
Explain strategies used to manage the concerns and their relative success: (please enclose
copies of any relevant documents)
Does the parent support the move: YES/NO
Does the pupil support the move:
YES/NO
Signed:
Secondary Fair Access Protocol – v05 – November 2013
Date:
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MANAGED MOVE AGREEMENT FORM
Pupil:
Address:
Home School:
Receiving School:
Date of Agreement
DOB:
__/__/____
Date of Initial Transfer:
This pupil is being supported by a managed move to a new school for a fresh start, following a period of
difficulties or challenges at his/her home school.
The home school believes this strategy may assist the young person to overcome these difficulties or
challenges. The young person also wishes these to be overcome and is willing to work towards this
outcome.
The parents/carers have confirmed that they will support the young person in the change of school.
The receiving school has explained its behaviour policy and school rules to the young person and his/her
parents and has discussed expectations. School has also explained the process of successful reviews,
leading to a transfer to the school roll, normally within six weeks.
They will:
 Undertake regular reviews keeping all relevant parties informed.
 Keep regular contact with parents/carers.
 Keep the young person & parents/carers informed of his/her progress.
 Keep the home school informed of daily attendance.
The home school will:
 Keep the pupil on roll, marking register entry as “educated off site”.
 Accept the young person back in school to plan a way forward, should this be necessary.
The pupil will:
The parent/carer will:
Signature (Home Head Teacher) …………………………………………………… ………
Signature (Receiving Head Teacher) ………………………………………………………..
Signature (Pupil) ………………………………………………………………………………..
Signature (Parent/Carer) ………………………………………………………………………
APPENDIX C – PANEL MEMBERS
Members
Exclusions Manager
Representing
Local Authority
Voting Rights
Yes
Headteacher
St Thomas’s Centre
Yes
Headteacher/Principal
Blackburn Central High school
Yes
Headteacher/Principal
Darwen Aldridge Community
Academy
Darwen Vale High School
Our Lady & St John Catholic
College
Pleckgate High School
St Bede’s RC High School
Tauheedul Islam Boys’ High
School
Tauheedul Islam Girls’ High
School
St Wilfrid’s CE Academy
Witton Park Academy
Yes
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Headteacher/Principal
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
NB1. Any pupil that is returning to mainstream education from elective home education will
be processed as a standard transfer and not under the definitions of the Fair Access
Protocol
NB2. Any pupil that has been offered a school place under the definitions of the Fair Access
Protocol but subsequently refuses the school place will only be offered other schools with
vacancies and will not go above pupils on a waiting list. In these circumstances a School
Attendance Order may be issued naming a school.
Wherever possible, all decisions will be by consensus. However, where this is not possible
a vote by those present will be taken. On occasions, where the vote is ‘tied’, the case will
be referred to the Director, Schools & Education who will make the final decision.
All panel members will have voting rights and should therefore attend each scheduled
meeting. However, they may send a representative in their place. Where this happens, the
school representative will be deemed to be able to make decisions on behalf of their school
or academy.
Schools which fail to attend, will still be bound in full by Fair Access panel decisions made in
their absence.
Other appropriate LA officers may attend with the agreement of the Chair – but will not have
voting rights unless they are attending the meeting instead of the exclusions manager
- 14 –
APPENDIX D – FAIR ACCESS PANEL - TERMS OF REFERENCE
1. To consider, outside of the normal admission round, the admission to school of any
child of statutory school age who is considered to meet the ‘fair access’ criteria.
2. To produce, annually, a report on the application made to the Fair Access panel and
the decisions made.
3. The core membership shall include Headteachers / Principals of all secondary
schools in Blackburn with Darwen (or their representatives) together with the
Headteacher of St Thomas’s Centre and a LA officer (usually the LA’s Exclusions
Manager).
4. The Headteachers/Principals shall appoint a Chair and determine the ‘term of office’.
5. Other LA officers may attend if appropriate and with the agreement of the Chair.
6. The Fair Access panel will be quorate when five Head Teachers / Principals (or their
representatives) are present.
7. Decisions will ideally be by consensus. If there is no consensus, a vote by qualifying
members will be taken – if a decision still cannot be made, the final decision will be
made by the Director, Schools and Education.
8. The Fair Access Panel will normally meet every month during the period September
to July. Extraordinary meetings may be convened when appropriate.
9. Parents will not be entitled to attend meetings of the Fair Access panel.
10. Decisions made by the Fair Access panel will be binding on the schools concerned –
even if the school’s representative was not in attendance.
- 15 –
APPENDIX E – FAIR ACCESS PROTOCOL – PROCESS FLOWCHART
Parents request ‘in-year’
admission form from Local
Authority
Parents return ‘in-year’
admission form to Local
Authority
No information on form to
suggest meets ‘Fair Access’
criteria
From information on form,
Local Authority considers
the application may meet
‘Fair Access’ criteria
Local Authority follows ‘inyear’ admission process
Local Authority seeks
further information from
parent, school and other
agencies as appropriate
Further information received
suggests DOES NOT meet
‘Fair Access’ criteria
Further information received
suggests DOES meet ‘Fair
Access’ criteria
Local Authority follows ‘inyear’ admission process
Case considered by ‘Fair
Access’ Panel
- 16 –
APPENDIX F – FAIR ACCESS PROTOCOL – OVERVIEW OF
‘DIRECTIONS’ PROCESS
- 17 –
- 18 –