Applying for a school place outside the normal admission rounds

In-year applications

An application is an in-year application if it is for the admission of a child to a relevant age group and it is submitted on or after the first day of the first school term of the admission year; or if it is for the admission of a child to an age group other than a relevant age group. (A relevant age groups refers to the age group at which pupils are or will normally be admitted to the school e.g., Reception, Year 3, Year 7 and Year 12.)

Requirements of the School Admissions Code (2021)

• A parent can apply for a place for their child at any school, at any time
• Local authorities (LAs) are not required to co-ordinate in-year applications for schools for which they are not the admission authority
• LAs may, however, co-ordinate in-year applications for any or all own admission authority schools in their area, with the agreement of the relevant admission authorities – see below for information about the schools in the North Northamptonshire Council (NNC) area, which are part of the NNC in-year co-ordination process
• NNC will publish information on the website by 31 August at the latest each year to explain how in-year applications can be made and how they will be dealt with from 1 September onwards in that year
• NNC will set out which schools they will co-ordinate the applications for and which schools will manage their own in-year admissions
• Contact details for any admission authority that manages its own in-year admissions will be provided.

Responsibility of own admission authority schools (OAAs)

• Own admission authorities must inform the local authority by 1 August at the latest each year whether they intend to be part of the local authority’s in-year co-ordination scheme for the following 1 September to 31 August (where this is offered) or whether they will be managing their own in-year admissions
  By 1 August, for schools that intend to be part of the local authority’s in-year co-ordination for the following academic year, they must also provide the local authority with all the information that the local authority is required to publish on its website, including application forms. Where a School does not intend to renew the Service Level Agreement [for NNC to co-ordinate in-year admissions] when it expires, notice must be given formally to the School Admissions Manager by 1 May of the year of expiry.
• NNC will provide a suitable application form (and a supplementary information form where necessary) for parents to complete when applying for a place for their child at a school for which the council co-ordinates in-year admissions
• Where NNC receives an in-year application for a school which manages its own in-year admissions, it will promptly forward the application to the relevant admission authority, which must process it in accordance with its own in-year admission arrangements

Actions required by OAAs and governing bodies of schools

• OAAs must set out by 31 August at the latest each year, on the school’s website how in-year applications will be dealt with from the 1 September until the following 31 August
• They must set out how parents can apply for a school place, and, where they manage their own in-year admissions, provide a suitable application form for parents to complete (and a supplementary information form where necessary), and set out when parents will be notified of the outcome of their application and details about the right to appeal
• If the admission authority is to be a part of the local authority’s in-year co-ordination scheme, it must provide information on where parents can find details of the relevant scheme
• An admission authority, governing body or local authority (NNC) must provide a hard copy of the information about in-year applications on request for those who do not have access to the internet
• Admission authorities must, on request, provide information to prospective parents about the places still available in all schools within their area
• The admission authorities for all schools in the area must provide the local authority with details of the number of places available at their schools whenever this information is requested, to assist a parent seeking a school place. Such details should be provided no later than 2 school days following receipt of a request from the local authority
• With the exception of designated grammar schools, all maintained schools, and academies, including schools designated with a religious character, that have places available must offer a place to every child who has applied for one, without condition or the use of any oversubscription criteria, unless admitting the child would prejudice the efficient provision of education or use of resources. For example, admission authorities must not refuse to admit a child solely because:
  a) they have applied later than other applicants
  b) they are not of the faith of the school in the case of a school designated with a religious character
  c) they have followed a different curriculum at their previous school; or
  d) information has not been received from their previous school
• Where an admission authority receives an in-year application for a year group that is not the normal point of entry and it does not wish to admit the child because it has good reason to believe that the child may display challenging behaviour, it may refuse and refer the child to the Fair Access Protocol (see School Admissions Code (2021) - paragraph 3.10 and footnotes 76, 77 and 78)
• Where an admission authority is dealing with multiple in-year admissions and does not have sufficient places for every child who has applied for one, they must allocate places on the basis of the oversubscription criteria in their determined admission arrangements only
• Parents must not be refused the opportunity to make an application or be told that they can only be placed on a waiting list rather than make a formal application

Timescales for in-year applications

• Upon receipt of an in-year application, the admission authority, or the local authority if it is co-ordinating the admissions authority’s in-year admissions, should aim to notify the parents of the outcome of their application in writing within 10 school days, but they must be notified in writing within 15 school days
• Where an application is refused, the admission authority must also set out the reason for refusal and information about the right to appeal in accordance with paragraph 2.32 of the Code
• Where an admission authority manages its own in-year admissions, it must also notify the local authority of every application and its outcome as soon as reasonably practicable, but should aim to be within 2 school days, to allow the local authority to keep up to date figures on the availability of places in the area and to ensure they are aware of any children who may not have a school place
• NNC will provide a suitable form for OAA schools to complete and return to NNC providing details of all applications and their outcomes
• Where an applicant is offered a school place following an in-year application, and the offer is accepted, arrangements should be made for the child to start school as soon as possible, especially where the child is out of school (5 school days)

Right to appeal

When an admission authority informs a parent of a decision to refuse their child a place at a school for which they have applied, it must include the reason why admission was refused; information about the right to appeal; the deadline for lodging an appeal and the contact details for making an appeal. Parents must be informed that, if they wish to appeal, they must set out their grounds for appeal in writing. Admission authorities must not limit the grounds on which appeals can be made.

The In-Year Co-ordination process in North Northamptonshire

• The School Admissions team will process in-year applications for school places in the NNC local authority area
• While Local authorities (LAs) are not required to co-ordinate in-year applications for schools for which they are not the admission authority, NNC co-ordinates in-year applications for the vast majority of own admission authority schools in its area
• NNC does not co-ordinate in-year applications for the schools listed below – these schools are responsible for managing their own in-year admission process

Schools which are not part of the NNC In-year co-ordination scheme for 2024 to 2025

• Bishop Stopford School (Secondary)
• Weldon Village Academy (Secondary)
• All Saints CEVA Primary School and Nursery
• Glapthorn CE Primary School
• Polebrook CE Primary School
• Schools in the PDET Trust, namely:
  - Cottingham CE Primary School
  - Cranford CE Primary School
  - Freeman's Endowed CE Junior Academy
  - Great Addington CE Primary School
  - Isham CE Primary School
  - Loddington CE Primary School
  - Mears Ashby CE Primary School
  - Oundle CE Primary School
  - Pytchley Endowed CE Primary School
  - Ringstead CE Primary School
  - St. Andrews CEVA Primary School
  - St. Barnabas CE Primary School
  - St. Mary’s CE Primary School
  - Sywell CE Primary School
  - Trinity CE Primary School
  - Weldon CE Primary School

NNC - In-year co-ordination scheme 2024 to 2025

Aims

• Parents seeking school places in-year within NNC will be able to access clear, simple and consistent information and advice on the in-year application process either online or by contacting a member of the School Admissions Team via telephone or email
• The School Admissions Team will respond to all parental enquiries and aim to do so within 5 working days
• Parents will be able to access information on how to apply for an in-year school place, by referring to the Composite Prospectus of Schools in the local authority area: “Applying for a Primary / Secondary School Place in NNC” published each academic year and available online. Paper copies can be made available
• Parents will be able to use NNC’s online Schools’ Directory search engine on the website to help them to identify their local schools
• The School Admissions Team will provide on request parents and professionals with information to parents on the availability of school places within the LA.

The in-year co-ordination scheme for North Northamptonshire Council will operate as follows:

1. The LA will provide a Common Application Form for in-year applications. An online form will be available on the School Admissions website. A paper form will be available upon request from the School Admissions Team: [email protected]. The in-year application form will be the only acceptable form of application for schools and academies taking part in NNC scheme of in-year coordination
2. The application form allows parents, applying from both inside and outside the Local Authority (NNC) to express a preference for up to 3 NNC schools in ranked order. If parents or carers apply for more than one school, the ranked order of school preferences will remain confidential to the LA prior to allocation, but the information may be made available at appeal
3. The LA will also provide access to an application form (and Supplementary Information Form, where required) for all schools within NNC which do not take part in the NNC’s in-year Co-ordination Process. These forms can be accessed by visiting the School Admissions website
4. When the School Admissions team receives a completed in-year application form, the application will be placed on the computer data base within 2 working days and the application details will be forwarded to the admission authority of the school(s) applied for
5. The LA aims to provide outcomes for applications within 10 school days and parents must be made within 15 school days. Own admission authority schools must decide if they can offer places and these schools are expected to respond promptly to the LA with an outcome of the application so that the published timeframes are adhered to. Parents have a statutory right to appeal against the refusal of a place at a school for which they have applied
6. In-year applications should not be made more than a month in advance of when the school place is required as the LA (NNC) does NOT hold places open. In-year applications received more than four weeks in advance of when the school place is required are treated as ‘applied too early’. The School Admissions Team will contact (by email or letter) parents who apply too early, advising them to apply again within 4 weeks of the date the school place is required. The exception to this is in the case of children of UK service personnel and crown servants where the applications may be processed in advance
7. For families of service personnel with a confirmed posting, or crown servants returning from overseas, the School Admissions team will:
   a) allocate a place in advance of the family arriving in the area (as long as one is available), provided the application is accompanied by an official letter that declares a relocation date. Admission authorities (i.e., bodies such as NNC, the local authority, academy trusts and governing bodies of schools) must not refuse to process an application and must not refuse a place solely because the family do not yet have an intended address, or do not yet live in the area
   b) use the address at which the child will live when applying their oversubscription criteria, as long as the parents provide some evidence of their intended address. Admission authorities must use a Unit or quartering address as the child’s home address when considering the application against their oversubscription criteria, where a parent requests this
8. Families living overseas, and those living out of the NNC area, but intending to move to NNC or back to an existing NNC address, may apply for a North Northamptonshire school place on the NNC In-Year application form. However, the address used to process the application must be where the child lives at the time of application. The North Northamptonshire address will not be used until the LA / school has received proof that the child is living at that address
9. If an applicant owns a property in North Northants but is not living in it, for example: because they are working abroad at the time of application, the NNC address will not be accepted for the purposes of admission until the child is living at that address
10. NNC parents wishing to apply for a place at a maintained school or academy in a different local authority must apply directly to the LA where the school is situated
11. If the School Admissions team receives an application for an OAA school or academy which does not co-ordinate in-year applications within the NNC Co-ordination Scheme, details of the application will be forwarded directly to the school and parents will be informed. The school or academy must then notify the School Admissions team of the outcome of the application and inform the parent of their statutory right of appeal if a place is refused. The same timeframes apply to OAA schools (which manage their own in-year admissions) as to the LA i.e., 10 school days for schools to provide an outcome. However, a written outcome must be provided to parents by 15 school days at the latest
12. All admission authorities will remain responsible for school place allocation decisions and for ranking applications and waiting lists in accordance with schools’ oversubscription criteria. Own admission authorities may ask the School Admissions team at NNC to undertake the administration of in-year applications on their behalf
13. The School Admissions team will offer places at NNC community and voluntary controlled schools as well as at the other NNC schools or academies operating within the scheme. Places will be offered to children on a waiting list, as places become available. Waiting lists will be maintained accordance with the school’s oversubscription criteria
14. Where the School Admissions team manages the waiting lists for schools, numbers on roll will be requested weekly (and must be provided by schools within 2 school days), Places will be offered from the waiting list when they become available

How preferences work

15. Parents may apply for up to 3 schools, listed in order of preference. If more than one school has a place available in the relevant year group, a place will be offered at the highest preference where the child qualifies for a place. When a place cannot be offered at any of their preferred schools, the following process applies:
    • the School Admissions team will offer a place at the school nearest to the home address which has place available
    • the School Admissions team will advise parents, on request, about place availability in other schools or academies / Free Schools
    • the School Admissions team will not offer a place at an alternative school to pupils who are already on roll at a NNC school (unless the child/family has moved house)
16. If a place could be offered at a school within NNC’s In-Year Co-ordination scheme and a place has already been offered by a school outside the scheme (or vice versa), School Admission officers will contact the family to ascertain which is the preferred school
17. A place will be considered to be available (unless otherwise indicated) at a preferred school if the number on roll in the relevant year group does not meet or exceed the published admissions number (PAN)
18. Upon receipt of a completed application form, the LA will confirm place availability at the preferred schools
19. If a parent declines the offer of a school place, the School Admissions team will inform the school concerned. Parents and carers (of children of Compulsory School Age) who refuse offers of school places, must inform the LA about how they intend their children to be educated – this will be followed up by the School Admissions Team and/or the Children Missing Education Team
20. If parents need assistance with Transport they must contact the School Transport Team.

What happens after places are allocated?

21. Schools are expected to contact parents about a start date and to place children on roll within 5 school days of allocation. Every effort must be made by the school to contact the parent. If the parent fails to respond, the place may be withdrawn and reallocated. Schools must follow their safeguarding procedures as advised in the allocation letter.

School Admission Appeals

22. Parents have a statutory right to appeal against the refusal of a place at a school for which they have applied
23. In the event of a school or an academy refusing to allocate a place, the School Admissions team (for community and voluntary controlled schools and on behalf of the governing bodies of own admission schools and authorities which have opted into the in-year co-ordination scheme) will include: the reason for refusal; information about the right to appeal; the deadline for lodging an appeal and the contact details for making an appeal. Parents will be informed that, if they wish to appeal, they must set out their grounds for appeal in writing. The LA and other admission authorities must not limit the grounds on which appeals can be made. Schools should not refuse admission if places are available, unless paragraphs 3.10 and 3.11 of the School Admissions Code (2021) apply
24. Some in-year applications will be complex and may have to be referred to the Fair Access Process where different timescales apply. For further information on Fair Access, the Fair Access Protocol
25. The School Admissions team (and OAA schools which manage their own in-year process) will write to parents to inform them both of their statutory right of appeal and of the waiting list process.

Operation of Waiting Lists

26. Waiting lists for all community and voluntary controlled schools will be held and administered centrally by the School Admissions Team for all year groups and will be ranked in accordance with the published admission criteria for the respective school
27. The LA administers the waiting lists at the request of some OAA schools. As in point 26 above, the waiting lists will be ranked in accordance with the published admission criteria of the respective schools
28. Waiting lists are cleared at the end of each full term. In order for children to remain on the waiting list, parents must submit their requests to the School Admissions Team in writing before the start of the next term
29. Applicants wanting their children to remain on the waiting list of a school in the following academic year must make a new application (as the application will be for a different year group)
30. Parents should contact OAA schools which manage their own in-year application process the waiting list policy for these schools may differ from the NNC’s process

Looked After and Previously Looked After Children

31. It is the clear expectation of North Northamptonshire Council that where a school receives an in-year application for a school place for a Looked After (LAC) or Previously Looked After Child (PLAC), that the school will ensure a place is offered to that child within 5 school days
32. Should any school for whom the Local Authority acts as the Admission Authority refuse to offer a place to a LAC or PLAC or fail to do so in a timely manner, the Local Authority will direct that school to make a place available for the LAC or PLAC with immediate effect. Should any ‘Own Admission Authority’ school refuse to offer a place to a LAC or PLAC or fail to do so in a timely manner then the Local Authority will refer the matter to the Regional Schools Commissioner or Office of Schools Adjudicator as appropriate, for further action (please see sections 3.27 – 3.29 of the Code for further information on local authority’s powers of direction)
33. NNC will seek to comply with the following notes within the Code, footnote 63 (relating to 2.32 ‘Right to Appeal’) in the 2021 Code states, ‘Where a looked after child has been refused a school place, it is likely to be more appropriate for the local authority looking after the child to use the powers of direction set out in paragraphs 3.27 to 3.29 of the Code, than to submit an appeal.’

1.0 Introduction

The Department for Education (DfE) has published a revised School Admissions Code 2021 (“the Code”) in May 2021, following a consultation exercise which ended in October 2020. Subject to parliamentary approval, the Code will be in force from 1 September 2021.

The 2021 Code aims to improve the operation of the admission process to ensure that vulnerable children are out of school for as short a time as possible. It is the responsibility of admission authorities to act in accordance with the Code and to ensure compliance with the Code’s new requirements. The key changes to the Code relate to: Looked After and Previously Looked After Children, In-year admissions and the Fair Access Protocol (FAP).

2.0 Key changes to the Fair Access Protocol (FAP) in the 2021 Code

All paragraph references are to the School Admissions Code (2021).

Requirements of the FAP can be found in paragraphs 3.8 - 3.22 of the Code (2021):

• There is now a standard definition of ‘challenging behaviour’ and it will be for admission authorities to ensure that, prior to refusing a child under normal in-year admissions and referring an unplaced child for considered under the FAP, they have evidence to support the definition of challenging behaviour as described (footnote 76 to paragraph 3.10).
• Admission authorities must consider their duties under the Equality Act 2010 when refusing a child with challenging behaviour if the consequence of their disability is challenging behaviour (footnote 77 to paragraph 3.10).
• Admission authorities can take account of reports from previous schools about children’s past behaviour as stated in paragraph 1.9(g) solely for the purpose of making a decision on whether it would be appropriate to refuse admission on the basis of challenging behaviour as described in paragraph 3.10. (footnote 78, paragraph 3.10).
• The duty that all admission authorities must participate with the agreed FAP now includes the requirement for admission authorities to provide a representative with delegated authority from the admission authority to make allocation decisions - an exception to paragraph 2.7 in the Code (paragraph 3.15 and footnote 79).
• The list of children to be included in the new FAP has been extended. The groups of vulnerable or hard to place children to be included in the new FAP has been standardised and contains the only categories who will be supported through the FAP - i.e. there will be no local variation; all local authorities must include the same groups of unplaced children in their FAPs and these children should only be considered under the FAP once it is demonstrated that reasonable measures have been taken to secure a place through the usual in-year admission process (paragraph 3.17).
• Allocation decisions must be made within 20 school days from the date when the child was referred to the FAP and arrangements should be made by admission authorities for the child to start as soon as possible (paragraph 3.21).

3.0 Fair Access Protocol - School Admission Code (2021) requirements

3.1 Each local authority (LA) must have a Fair Access Protocol (FAP) to ensure that unplaced and vulnerable children, and those who are having difficulty in securing a school place in-year, are allocated a school place as quickly as possible (paragraph 3.14) and within the 20 school days’ timeframe. North Northamptonshire Council’s (NNC) definition of ‘unplaced’ is a child who is residing in the county without a school place and could include:

• A child who has moved into the county
• A child who has moved from one area of the county to another due to a change of address, where is it considered to be an unreasonable distance for a child to get to their current school e.g. a move from Corby to Rushden
• A child who is being electively home educated (EHE) by the parent or carer and where the Education Inclusion Partnership (EIP) team have little evidence to support the view that an appropriate education is being provided
• A child who is unable to return to their current school due to an exceptional circumstance or incident occurring out of school, but who has not been permanently excluded

3.2 The LA (NNC) remains responsible for drawing up the FAP which must be consulted upon and developed in partnership with schools in the LA’s area and it must be agreed by the majority of schools.

3.3 Once the FAP has been agreed, all admission authorities in the area must participate in it. Participation includes the requirement for admission authorities to provide a representative with delegated responsibility who is authorised to participate in discussions, make allocation decisions on placing children via the Protocol and admitting pupils when asked to do so in accordance with the Protocol, even when the school is full.

3.4 Local authorities such as NNC must share information with admission authorities, giving reasonable notice of Fair Access (FA) meetings and information about how and when discussions around the placement of children via the Protocol will take place (paragraph 3.15 and footnote 79).

3.5 NNC’s Fair Access Protocol has been written by the LA (School Admissions), in partnership with colleagues in the Education, Inclusion and Partnerships (EIP) Team and the Protocol Steering Group (PSG). The Protocol Steering Group is composed of representatives from: (i) School Admissions; (ii) EIPT and (iii) a representative from each of the secondary schools in distinct geographical areas of North Northamptonshire; Corby, Kettering, Wellingborough and East Northamptonshire.

3.6 Regular FA Panel meetings are held at a time and venue to suit all parties and are expected to take place every 4 weeks in order to discuss the cases with representatives from schools in the area who are authorised to make decisions regarding appropriate school placements. FA Panels may have to meet more frequently in order to comply
with the timescales required by the School Admissions Code (2021). The frequency of meetings will be kept under review to ensure that we can meet deadlines for processing FAP cases.

3.7 The operation of the FAP is in accordance with the requirements of the School Admissions Code (2021) and related guidance.

3.8 The LA has to ensure that no school - including those with places available - should be asked to take a disproportionate number of children who have been permanently excluded from other schools, who display challenging behaviour, or who are placed via the FAP. Fair Access Protocols must also set out how the needs of children who have been permanently excluded, and children for whom mainstream education is not yet possible, will be met (paragraph 3.16). NNC intends to meet the needs of these children in the following manner.

NNC’s Education Inclusion and Partnership (EIP) Team will hold a weekly meeting (the Social Inclusion Panel - SIP) where the needs of children being presented by School Admissions at the Fair Access Panel can be considered and support identified for these groups of children. The support will range from the services of an Inclusion Officer to a placement in an alternative provision, depending upon the needs of the children.

3.9 Eligibility for the Fair Access Protocol does not limit a parent’s right to make an in-year application to any school for their child. Admission authorities must process these applications in accordance with their usual in-year admission procedures (as set out in paragraphs 2.23-2.31 and North Northamptonshire’s In-Year Co-ordination Scheme).

They must not refuse to admit such children on the basis that they may be eligible to be placed via the FAP. The parent will continue to have the right of appeal for any place they have been refused, even if the child has been offered a school place via the FAP (paragraph 3.18).

3.10 There is no duty for local authorities or admission authorities to comply with parental preference when allocating places through the Fair Access Protocol, but parents’ views should be taken into account (paragraph 3.19). Due consideration will therefore be made to parental preference when discussions with admission authorities in regards to the identified school are being made.

3.11 Fair Access Protocols should seek to place a child in a school that is appropriate to any particular needs they may have. The Fair Access Protocol must not require a school automatically to admit a child via the Fair Access Protocol, in place of a child permanently excluded from the school (paragraph 3.20).

3.12 Where it has been agreed that a child will be considered under the Fair Access Protocol, a school place must be allocated for that child within 20 school days. Once the allocation of a school place via the Fair Access Protocol had been decided, arrangements should be made by the admission authority to ensure the child starts at the school as soon as possible (paragraph 3.21).

3.13 In the event that the majority of schools in an area can no longer support the principles and approach of their local Fair Access Protocol, a review must be facilitated. An urgent meeting of the Protocol Steering Group will be convened to examine the issues and to find a suitable resolution (paragraph 3.22). The existing Fair Access Protocol will remain binding on all schools in the local area until the point at which a new one is adopted.

4.0 Determining that cases qualify as Fair Access

All in-year applications received by the School Admissions team from parents or carers, will follow normal in-year admission procedures as described in North Northamptonshire Council’s In-year Co-ordination Scheme.

There are some important factors when considering in-year applications.

4.1 Where a child has been permanently excluded from two or more schools, there is no need for an admission authority to comply with parental preference for a period of two years from the last exclusion. The twice excluded rule does not apply to the following children:

a) children who were below compulsory school age at the time of the permanent exclusion
b) children who have been reinstated following a permanent exclusion (or would have been reinstated had it been practicable to do so)
c) children whose permanent exclusion has been considered by a review panel, and the review panel has decided to quash a decision not to reinstate them following the exclusion
d) children with Education, Health and Care Plans naming the school (paragraph 3.8)

4.2 Admission authorities must not refuse to admit a child on behavioural grounds in the normal admissions round or at any point in the normal year of entry, except for where paragraph 3.8 applies (paragraph 3.9).

4.3 Where an admission authority receives an in-year application for a year group that is not the normal point of entry and it does not wish to admit the child because it has good reason to believe that the child may display *challenging behaviour, it may refuse admission and refer the child to the Fair Access Protocol (paragraph 3.10).

*Definition of Challenging Behaviour:

Behaviour can be described as challenging where it would be unlikely to be responsive to the usual range of interventions to help prevent and address pupil misbehaviour or it is of such severity, frequency, or duration that it is beyond the normal range that schools can tolerate. We would expect this behaviour to significantly interfere with the pupil’s or other pupils’ education or jeopardise the right of staff and pupils to a safe and orderly environment (paragraph 3.10 footnote 76).

However, a child with challenging behaviour may also be disabled as defined in the Equality Act 2010. When considering refusing admission on these grounds, admission authorities must consider their duties under that Act. Admission authorities should also consider the effect of the decision of the Upper Tribunal in C & C v The Governing Body of a School, The Secretary of State for Education (First Interested Party) and The National Autistic Society (Second Interested Party) (SEN) [2018] UKUT 269 (AAC) about the implications of the Equality Act 2010 when a pupil exhibits a tendency to physical abuse of other persons as a consequence of a disability (paragraph 3.10, footnote 77).

In order to evidence that a child has challenging behaviour, the LA will request information from the previous school regarding the child’s previous history solely for the purpose of making a decision on whether it is appropriate for the admission authority to refuse admission under the normal in-year process as a result of challenging behaviour (paragraph 3.10, footnote 78).

4.4 An admission authority should only rely on the provision in paragraph 3.10 of the Code if it has a particularly high proportion of either: children with challenging behaviour or previously permanently excluded pupils on roll compared to other local schools and it considers that admitting another child with challenging behaviour would prejudice the provision of efficient education or the efficient use of resources (paragraph 3.11). If the decision by the admission authority is to refuse admission, the admission authority would have to provide evidence in writing to the Senior Admissions Officer for the area in order to comply with paragraph 3.11 of the Code. The LA also has access to school data for all schools in its area, so a comparison could be made to the position of other local schools. The Senior Admissions Officer would then discuss the decision to refuse admission with the School Admissions Manager and, when appropriate, the decision would be discussed at a weekly Social Inclusion Panel meeting with colleagues, including Service Managers from the EIP team.

4.5 The provision in paragraph 3.10 of the Code cannot be used to refuse admission to looked after children, previously looked after children; and children who have Education, Health and Care Plans naming the school in question (paragraph 3.12).

4.6 Admission authorities must not refuse to admit a child thought to be potentially disruptive, or likely to exhibit challenging behaviour, on the grounds that the child is first to be assessed for special educational needs (paragraph 3.13).

5.0 Children who will be considered under the FAP

Fair Access Protocols may only be used to place the following groups of vulnerable and hard to place children, where they are having difficulty in securing a school place in-year, and it can be demonstrated that reasonable measures have been taken to secure a place through the usual in-year admission procedures footnote 80. For example, where an application has been made to at least one school and this has been refused or the LA has confirmed there are no available places at any school within a reasonable distance (paragraph 3.17):

a) children 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
b) children living in a refuge or in other relevant accommodation at the point of being referred to the protocol
c) children from the criminal justice system
d) 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
e) children with special educational needs (but without an Education, Health and Care plan), disabilities or medical conditions
f) children who are carer
g) children who are homeless
h) children in formal kinship care arrangements as evidenced
i) children of, or who are, Gypsies, Roma, Travellers, refugees, and asylum seekers
j) children who have been refused a school place on the grounds of their challenging behaviour and referred to the Protocol in accordance with paragraph 3.10 of the Code
k) children for whom a place has not been sought due to exceptional circumstances as decided by the LA based on the circumstances of the case.
l) 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
m) previously looked after children for whom the local authority has been unable to promptly secure a school place (see also footnote 84 of the Code which explains that in most cases use of the Fair Access Protocol should be unnecessary for a previously looked after child as the DfE would expect the local authority to aim to secure a school place particularly promptly for a previously looked after child and for admission authorities to cooperate with this. Local authorities are advised to consider swift use of their powers of direction or asking the Secretary of State to make a direction).

6.0 Operation of the Fair Access Protocol in North Northamptonshire

6.1 Once it has been determined that an in-year application meets the criteria for the FAP, School Admissions Officers will seek as much information as possible about the child from the previous education provision and other professionals.

6.2 Fair Access cases will then be added to the Fair Access meeting agenda and the cases presented to schools at area FA Panel and BAP meetings. The cases will be discussed with schools in the appropriate area so that a school which will admit the child can be identified. The agenda will be circulated to FA Panel members approximately 3 days prior to the meeting, dependent upon weekends or school holidays.

6.3 Where applicable, there may be other representatives or professionals at the meeting who have had some involvement with the child - see Terms of Reference for FA Panel Meetings.

6.4 As the 2021 Code specifies that school representatives at area Fair Access meetings must be authorised to make decisions on placing children via the Protocol, the decision regarding the identified school will be made at the meeting by all school representatives (paragraph 3.15).

6.5 Admission authorities should be admitting pupils when asked to do so in accordance with the Protocol, even when the school is full (paragraph 3.15).

6.6 When identifying a school under the FAP, and taking account of both the needs of the child and those of the school, the FA panel will consider the following:

• Parental preference - though there is no duty to comply with parental preference, the wishes of parents should be taken into account
• The number of children allocated previously to a particular school in an area under the FAP during the current term or academic year and into the same year group
• The rank order of schools in an area, determined by the points-based system used by the LA once a child has been allocated to a school. Each criterion for the FAP is weighted with a particular number of point
• Previously attended schools - consideration will be given to any previous serious breakdown in relationships between a school and the family including: a failed managed move, or strong views of parents or carers regarding the religious ethos of a school
• Reasonable distance to the identified school from the home address and availability of transport
• The recent admission into the same year group at the preferred school of a child with Statement of Special Educational Needs (SEN) or Education, Health and Care Plan (EHCP) who has previously been permanently excluded or has significant additional needs and challenging behaviour issues
• The recent admission into the same year group at the preferred school of a looked after child with significant additional needs and challenging behaviour
• The recent admission into the same year group of the preferred school of a child with significant additional needs and challenging behaviour following an agreed and successful managed move with another school

6.7 Following the meeting, a FAP letter (together with any documents regarding the child’s previous history) and the points allocation sheet will be sent to the representative from the identified school; the letter will be copied to other professionals involved and the area representative from the Protocol Steering Group. It is expected that, following receipt of the FAP letter (via email), the identified school will make contact with the parent - and any professional where applicable - to arrange a meeting to discuss the admission arrangements without delay.

6.8 All allocations made under the FAP will be recorded and monitored by the Senior Admissions Officer responsible for In-year and Fair Access admissions for North Northamptonshire and data regarding the FAP will be provided to schools in an area on a termly basis.

7.0 Primary age children meeting the criteria of the FAP

The Fair Access Protocol will apply for children of primary school age who meet the criteria for the FAP.

8.0 Transport

Where a child has been placed at a school through the FAP, the entitlement to free transport will be assessed using NNC’s Home to School Transport Policy.

9.0 Protocol Steering Group (PSG)

In North Northamptonshire, a Protocol Steering Group has been established to monitor the operation and effectiveness of the North Northamptonshire FAP. The PSG membership consists of:

• the School Admissions Manager
• the Senior Admissions Officer responsible for Fair Access
• a representative from secondary schools from the main school areas in North Northamptonshire: Kettering, Corby, Wellingborough and East Northamptonshire
• the Service Manager for the Education Inclusion Partnership team

The PSG meets up to three times per academic year (once in each term). If a school has any fundamental issues in relation to the operation of the FAP, they should refer their concerns to their area representative on the PSG, the Senior Admissions Officer responsible for Fair Access for North Northamptonshire, or the School Admissions Manager, so that the issues can be reviewed at the next PSG meeting.

At the beginning of each academic year, the School Admissions Technical Officer responsible for the collation of data which underpins the Fair Access points system, will provide the PSG with an annual report giving statistical information on the effectiveness of the FAP.

10.0 Powers of Direction

10.1 Local Authority Powers of Direction - General

A local authority has the power to direct the governing body of a maintained school for which they are not the admission authority to admit a child in their area even when the school is full. The local authority can only make such a direction in respect of a child in the local authority’s area who has been refused entry to, or has been permanently excluded from, every suitable school within a reasonable distance. The local authority must choose a school that is a reasonable distance from the child’s home and from which the child is not permanently excluded. It must not choose a sixth-form that selects by ability unless the child meets the selection requirements, or a school that would have to take measures to avoid breaking the rules on infant class sizes if those measures would prejudice the provision of efficient education or the efficient use of resources (paragraph 3.23).

Before deciding to give a direction, the local authority must consult the governing body of the school, the parent of the child and the child if they are over compulsory school age. If, following consultation, the local authority decides to direct, it must inform the governing body and head teacher of the school. The governing body can appeal by referring the case to the Schools Adjudicator within 15 days. If it does this, the governing body must tell the local authority. The local authority must not make a direction until the 15 days have passed and the case has not been referred (paragraph 3.24).

If the case is referred to the Schools Adjudicator, the Schools Adjudicator may either uphold the direction, determine that another maintained school must admit the child or decide not to issue a direction. The Adjudicator’s decision is binding. The Schools Adjudicator must not direct a school to admit a child if this would require the school to take measures to avoid breaking the rules on infant class sizes and those measures would prejudice the provision of efficient education or the efficient use of resources (paragraph 3.25).

10.2 Local authority powers of direction (looked after children)

A local authority also has the power footnote 86 to direct the admission authority for any maintained school in England (other than a school for which they are the admission authority) to admit a child who is looked after by the local authority, even when the school is full. The local authority must not choose a school from which the child is permanently excluded but may choose a school whose infant classes are already at the maximum size (paragraph 3.26).

Before deciding to give a direction, the local authority must consult the admission authority of the school it proposes to direct. The admission authority must tell the local authority within 7 days whether it is willing to admit the child (paragraph 3.27).

If, following consultation, the local authority decides to direct, it must inform the admission authority, the governing body (if the school is a voluntary controlled or community school), the local authority that maintains the school, and the head teacher. The admission authority can appeal by referring the case to the Schools Adjudicator within 7 days. If the child has been permanently excluded from two other schools and the most recent exclusion was within the previous two years, the governing body (if the school is a voluntary controlled or community school) may also refer the case to the Schools Adjudicator. The admission authority or governing body must not refer the case unless it considers that admitting the child would seriously prejudice the provision of efficient education or the efficient use of resources. If the admission authority or governing body does refer the case, it must notify the local authority that looks after the child. The local authority must not make a direction until the 7 days have passed and the case has not been referred.

If the case is referred to the Schools Adjudicator, the Schools Adjudicator may either uphold the direction or determine that another maintained school in England must admit the child. The Schools Adjudicator’s decision is binding. The Schools Adjudicator must not direct an alternative school to admit a child unless the local authority that looks after the child agrees, nor if the child is permanently excluded from that school, nor if the admission of the child would seriously prejudice the provision of efficient education or the efficient use of resources (paragraph 3.28).

10.3 Secretary of State’s power of direction (Academies)

Where a local authority considers that an academy will best meet the needs of any child, it can ask the academy to admit that child but has no power to direct it to do so. The local authority and the academy will usually come to an agreement, but if the academy refuses to admit the child, the local authority can ask the Secretary of State to intervene. The Secretary of State has the power under an Academy’s Funding Agreement to direct the academy to admit a child and can seek advice from the Schools Adjudicator in reaching a decision (paragraph 3.9).

The School Admissions Manager and Service Manager for the EIP team are responsible for resolving any disputes arising from the FA Panel meetings and further advice and guidance may be sought from the area member of the Protocol Steering Group.

11.0 Local authority reports

Local authorities must produce an annual report on admissions for all the schools in their area for which they co-ordinate admissions. From 2022, it must be published locally and sent to the Schools Adjudicator by 31 October each year covering the prior academic year. The report must cover as a minimum:

• information about how admission arrangements in the area of the local authority serve the interests of looked after children and previously looked after children, children with disabilities and children with special educational needs, including any details of where problems have arisen
• an assessment of the effectiveness of Fair Access Protocols including how many children were admitted to each school under it
• any other issues the local authority may wish to include

North Northamptonshire Council aims to establish excellent working relationships with all types of schools (maintained schools, academies, Free Schools, UTCs) in the North Northamptonshire area to ensure that we fulfil our legal obligations as defined in the School Admissions Code (2021) and in order to achieve the best outcomes for all children in North Northamptonshire. The effective operation of the FAP is integral to these aims.

12.0 Looked after children

Looked after children are not listed as a group of children who can be considered under the FAP. The Code recognises that looked after children are extremely vulnerable and the highest priority must be given to this group in the admission arrangements of all state schools.

Appendices

Appendix 1 - Timeline for Fair Access Process

1. School place refused by admission authority as a normal in-year admission - case identified as Fair Access within 10 school days of receipt of an application from a parent or carer.
2. FA Officer to gather and collate as much information as possible about the child’s previous history in a timeframe dependent on the date of the next area FA Panel and BAP meeting.
3. Brief details of each child will be added to the agenda for the area FA Panel or BAP meeting and circulated to the FA Panel and BAP members, three working days prior to the meeting.
4. Cases will be discussed at the area FA Panel and BAP meeting and a decision will be made, by representatives present at the meeting, about which school will be allocated.
5. Following the meeting, the FA Officer to draft FAP letters for both the school and the parents and send to the Senior Admissions Officer for checking and sending, within the 20 school day timeframe from the date when the case was identified as Fair Access.
6. Following receipt of the FAP letter - the school to make contact with the parent as soon as possible to arrange a date for admission.
7. School to notify the Senior Admissions Officer and FA Officer when the child has been placed on roll so that the child’s records can be updated accordingly and the case can be closed.

Appendix 2 - Points score and ranking explained - Secondary schools

The system of allocating FA points is just one consideration when making decisions about identifying a school and aims to ensure that no schools, including those with available places, are asked to take a disproportionate number of children who have been excluded from other schools, or who have challenging behaviour.

While it is recognised that all schools in the local authority area of North Northamptonshire council are inclusive and already admit children from a wide and diverse population, the points-based system is intended to help with identifying those schools in an area that may already have more challenges than others.

Data sets and formulas used to determine scores and rankings

The following data sets are used to determine the initial scores for each school at the start of each academic year in September and are taken from the January School Census of the same calendar year, i.e. information is based on the January census from preceding academic year. For example, data to establish the starting point scores for each school for September 2020 was obtained from the census in January 2020 (when the children were in the previous academic year).

The data needed to establish the FA Protocol school rankings is provided by schools in the annual school census (January base). The accuracy of the data on which the ranking is based is, therefore, the responsibility of each school. Copies of the census data used to determine school rankings and scores is circulated to members of the Fair Access Protocol Steering Group (PSG) in the first meeting of the academic year.

Based on the data sets above, each school will be allocated a points score at the start of the academic year (September) and all schools will be ranked accordingly. The schools with the least number of points based on the data above will be at the top of the ranked list and will be the schools most likely to receive a protocolled student first.

The ranked order of schools will be just one of the considerations when identifying a school for a child under the FAP and the full ranked order of schools will be filtered into the relevant area of North Northamptonshire to show the ranked order of schools in those areas.

Additional points will be allocated to each identified school for each child admitted, based on the criteria of the FAP that the child falls into. Each criterion of the protocol has a points weighting. The weightings have been discussed and agreed by members of the Protocol Steering Group - see table below. The order of schools is re-ranked after points have been allocated to the identified school.

The FAP report will also show the number of children allocated to each school during the term or academic year, their names, date of birth, National Curriculum Year (NCY), previous school, the date they were protocolled and the date they were admitted on roll and the criteria of the protocol the child falls under. This report is updated and monitored by the Senior Admissions Officer.

As part of the agenda for the FA Panel meetings, and to ensure transparency, a copy of the ranked order of schools based on previous FAP allocations, will be forwarded to senior school representatives who attend the FA Panel and who are responsible for admissions at each school. 

An annual report including statistical information relating to the operation of the FAP will be presented to members of the Protocol Steering Group at the end of each academic year. This information can be shared and discussed with other schools in the area at local FA Panel and BAP meetings.

Point scores for each criterion - Each time a child is admitted under the FA Protocol, the total number of points for each child will be added to the identified school’s existing points total.

Vulnerable and hard to place children

Fair Access Protocols may only be used to place the following groups of vulnerable and hard to place children, where they are having difficulty in securing a school place in-year. Groups a), b), h) and m) are additional groups of children that have been added to the fair access protocol in the 2021 School Admissions Code:

a) Children 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
b) Children living in a refuge or in other relevant accommodation at the point of being referred to the protocol
c) Children from the criminal justice system
d) 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
e) Children with special educational needs (but without an Education, Health and Care plan), disabilities or medical conditions
f) Children who are carers
g) Children who are homeless
h) Children in formal kinship care arrangements
i) Children of, or who are, Gypsies, Roma, Travellers, refugees, and asylum seekers
j) Children who have been refused a school place on the grounds of their challenging behaviour and referred to the Protocol in accordance with paragraph 3.10 of the Code
k) Children for whom a place has not been sought due to exceptional circumstances
l) 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
m) Previously looked after children for whom the local authority has been unable to promptly secure a school place

The number of points that each school will receive under FAP will be decided via consultation with the PSG and NNC schools and as such have not been provided here.

Appendix 3 – Terms of reference for FA Panel meetings

North Northamptonshire Council Fair Access Panel meetings

Terms of reference

(Updated June 2021)

Purpose of the Fair Access Panel

To ensure that North Northamptonshire Council’s Fair Access Protocol (FAP) operates effectively outside the arrangements of co-ordination and will be triggered when a parent of an eligible child has not secured a school place under in-year admission procedures.

In order to ensure that both the pupils and the school receive appropriate support from other agencies, the Fair Access Panel (FA Panel) meetings will have multi-agency representation to ensure that all pupils are placed into school with appropriate support and without unnecessary delay.

The FA Panel will meet in the following areas of North Northamptonshire:

• Corby
• Kettering
• Wellingborough
• East Northamptonshire

1.0 Membership of the FA Panel

1.1 Each secondary school within North Northamptonshire will nominate a representative who will have lead responsibility for admissions and inclusion at the school and who will be able to contribute effectively to discussions regarding the most appropriate school for the child based on the factors considered. If representatives from either the school or the LA are unable to attend, they must send a suitable substitute who is authorised to make a decision at the FA meeting.

1.2 Representatives from the LA (dependent on the circumstances of the cases presented) may include:

• Senior Admissions Officer (North) from the School Admissions team
• Senior Inclusion Officer or Education Inclusion Manager from the Education Inclusion Partnership (EIP) team
• Early Help Coordinator for the area
• A representative from the Alternative Provision (AP), where appropriate

2.0 Accountability

2.1 Following discussions at the meeting with all parties, a school will be identified at the meeting as the appropriate school to admit the student.

2.2 The 2021 School Admissions Code is clear that agreement must be reached and decisions made at the Fair Access at the meetings.

2.3 Parental preference will be the main consideration, though it does not have to be adhered to for allocations made under the Fair Access Protocol (paragraph 3.11).

2.4 Following the FA Panel meeting, the identified school will receive a FAP letter and it is expected that the school will make contact with the parent to arrange a date for admission without delay.

3.0 Operation of FA Panel meetings

3.1 Meetings are planned to be held at 4-weekly intervals at a date and venue to be agreed at the start of the academic year for the rest of the year or, in some cases, at the previous meeting by all members of the panel.

3.2 The intervals of the meetings must enable the LA to achieve allocation of places via the FAP within the 20-school days required by the Code.

3.3 The School Admissions team will send details of the FA cases to be presented at the FA Panel in spreadsheet format (this forms the agenda for the meeting). The agenda will be sent via Egress secure email to panel members up to three days before the meeting is to be held.

3.4 Dates and venues for areas which hold a Behaviour and Attendance Partnership (BAP) meeting will be agreed by schools in those areas.

4.0 Discussion and outcome of FA Panel meetings

4.1 The FA Panel and BAP members will discuss each case on the agenda in order to establish the most appropriate school or provision and the FA Panel will decide who will be the lead professional in the case.

4.2 Information regarding the child’s previous history will be presented at the meeting, including details of ‘other agency’ involvement.

4.3 If the child was previously attending a school in the area, the representative from that school will be expected to present to the FA Panel any additional information about the pupil’s previous history, attendance, behaviour and details of any support which has been in place at the school.

4.4 Following discussion, a school will be identified at the meeting.

4.5 Once a school has been identified by the FA Panel, the NNC’s School Admissions team will send a letter promptly to the Academy Trust or Admissions Committee confirming the allocation and ensuring that that the child is admitted as soon as possible.

Review of the FA Protocol

The working methods and effectiveness of the Fair Access Protocol will be reviewed at each PSG meeting.

You should be aware of the following when making an application:

• Moving into a school’s linked village or area does not necessarily guarantee your child a place at the linked school
• A high percentage of schools in North Northamptonshire have reached the published admission number (PAN) in most year groups and, therefore, it may not be possible to offer a place at your preferred schools
• For families with more than one child, it can be extremely difficult to allocate a place for all the children in the same school. The result of an in-year application may be that siblings have to be split across two or more schools and that, in order to keep the children together, we may only be able to allocate a school which is not your preferred school and which may be some distance away from the home address
• If you are moving to North Northamptonshire, documentary evidence in the form of a solicitor’s letter to confirm exchange of contracts or a copy of your signed tenancy, or rental agreement, will be required to verify your address

Moving from overseas

If you are moving from overseas your child may be entitled to a school place.

You should be aware that:

• children must be resident within the country before we will process an application - please note a visitor's visa does not entitle your child to a school place
• if your application is due to a move into the UK, documentary evidence to verify your address may be required - a copy of either a child benefit letter or Tax Credit letter is normally acceptable, along with a copy of your rental agreement or exchange of contracts letter (the council reserves the right to seek further documentary evidence as necessary)
• you must not send original documents in support of your application, as they will not be returned

Special conditions apply to UK Armed Service Personnel and other Crown Servants.

For families of service personnel with confirmed posting to their area, or crown servants returning from overseas to live in that area, admission authorities must allocate a place in advance of the family arriving in the area, provided the application is accompanied by an official letter declaring a relocation date and a Unit postal address or quartering area address.

Admission authorities must not refuse a service child a place because the family does not currently live in the area, or reserve blocks of places for these children.

Therefore, where places in the year group are available at the preferred school, it is expected that places will be allocated in advance.

However, this does not necessarily guarantee a place at the preferred school if the year group is already up to the published admission number (PAN).

The operation of the waiting list is not on a 'first come, first served' basis. When a place becomes available at a school, if there is only one child on the waiting list, the child will be offered the place. If, however, there are two or more children on the waiting list when a place becomes available, then the children will be ranked according to the school's oversubscription criteria.

A child's position on the waiting list may change if new applicants are added to the list.

Schools who do not keep a waiting list

Some academies in North Northamptonshire do not keep a waiting list. This means that parents who wish to secure a place for their child at one of these schools will have to continue to make additional applications throughout the year.

Normally, we will accept only one application per academic year in respect of the same school for the same academic year. We will, however, accept a second and subsequent application from a parent for those schools which do not continue to hold a waiting list. If the school remains up to the published admission number (PAN), and there has been no significant and material change in circumstances, the application will be refused. Parents or carers will receive a generic email response stating the school is still unable to offer a school place in the relevant year group and a second appeal will not be offered.

Contact details

Email: [email protected]

School Admissions Team
North Northamptonshire Council
Angel Street
Northampton
NN1 1ED
Phone: 0300 126 3000

​If your child has an Education, Health and Care (EHC) Plan or a statutory statement of special educational needs (SEN), please see the special educational needs (SEND) page for information on how to apply as there is a different process for these applications.