Ensuring that vulnerable children are allocated a school place (Fair Access Protocol)
18. Directing a non Local Authority maintained school to accept a child
Directing a maintained school to admit a child following a decision made under the Protocol will only occur where a local resolution cannot be found.
Initially a letter will be sent from the admissions authority of the school stating that a place needs to be made available following a decision under the Protocol. Any maintained school approached in this way must respond to the Local Authority within seven calendar days.
If the child concerned has been refused entry to, or permanently excluded from, every appropriate school within a suitable distance the Admissions and Transport or Education Entitlement Team Manager will then write to the school to inform the Governors and Headteacher of the intention to direct admission.
The Governing board may appeal by referring the case to the Schools Adjudicator. The Governors have 15 calendar days within which to refer the case.
If the Schools Adjudicator does not uphold the direction, the Adjudicator may direct admission to an alternative school.
If the Schools Adjudicator upholds the direction, the child must be admitted to the school. The school will then need to agree a start date with the child’s parents.