My child is being admitted under the Fair Access Protocol

The Fair Access Protocol (FAP) is there to make sure that vulnerable children, and those who are having difficulty securing a school place in-year, are back in school as quickly as possible. 

All local authorities must have a FAP in place under the School Standards and Framework Act 1998. This is developed in agreement with local schools.

Under the Warwickshire FAP (PDF, 252 KB), an admission authority (school or local authority for maintained schools) can refuse admission of a child in the following circumstances: 

• Where the year group to which the child would be admitted is full, and it would be prejudicial to the provision of education and/or the welfare of pupils and staff to admit any additional pupils; or 
• Where the admission authority can demonstrate to the satisfaction of Warwickshire County Council that the child exhibits challenging behaviour, and it would be prejudicial to the provision of education and/or the welfare of pupils and staff to admit that child, due to the school already having a particularly high proportion of children with challenging behaviour or previously excluded children. This category can only be used in exceptional circumstances.

What this means for your child

Most pupils applying for In-Year applications are admitted through the normal admission process. 

The local authority triggers the FAP when an eligible child has not secured a place under In-Year admission procedures. This can happen for the following groups of children:

1. children who have been refused a school place on the grounds of their challenging behaviour and referred to the FAP in accordance with paragraph 3.10;
2. children who are either subject to a Child in Need Plan or a Child Protection Plan, or having had a Child in Need Plan or a Child Protection Plan within 12 months at the point of being referred to the FAP; 
3. children living in a refuge or other relevant accommodation at the point of being referred to the FAP; 
4. children from the criminal justice system; 
5. 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; 
6. children with special educational needs (but without an Education, Health and Care plan), disabilities or medical conditions; 
7. children who are carers; 
8. children who are homeless; 
9. children in formal kinship care arrangements;
10. children of, or who are, Gypsies, Roma, Travellers, refugees, and asylum seekers; 
11. children for whom a place has not been sought due to exceptional circumstances
12. 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 of their home. This does not include circumstances where a suitable place has been offered to a child and this has not been accepted; and 
13. previously looked after children for whom the local authority has been unable to promptly secure a school place.

Where it has been agreed that your child will be considered under the FAP, a school place must be allocated to them within 20 school days. Although there is no obligation to secure parent or carer agreement when finding a school place under the FAP, we will take their wishes into account wherever possible.