This page is about the admissions process for those children or young people who are either about to start school or are nearing transition (from primary to secondary, infants to juniors and so on) and do not have an Education, Health & Care Plan already in place or one that has been agreed as part of the EHCNA process.

For those that have an EHCP or where one has been agreed, admissions will be done through the Special Educational Needs Assessment Team (SENAT) and your Planning Coordinator. Please see our Choosing a Placement page for more information on this.

The WSCC website has a lot of clear information about the admissions process, but we wanted to focus more specifically on options that are often considered by parents whose children have or may have SEND.

The majority of children with SEND can be educated within a mainstream school and the local authority must make sure that all school places for maintained schools and Academies (excluding maintained special schools and special academies) are allocated and offered in an open and fair way. To do this the local authority are expected to follow the School admissions code 2021 which set out the mandatory requirements and statutory guidance. ‘The Code’ as it is known, has the force of law, and where the words ‘must’ or ‘must not’ are used, these represent a mandatory requirement.

General School Admissions

When do children have to start school?

By law, children must start their full-time education in the term following their fifth birthday. This is known as Compulsory School Age. This does not mean that they must start at a school, but that they must receive a full time education. For more information please see our Education – Otherwise than at school pages.

Compulsory School Age starting dates.

• A child born between 1 April and 31 August is Compulsory School Age from the first day of the Autumn Term following their 5th birthday.
• A child born between 1 September and 31 December is Compulsory School Age from the first day of the Spring Term following their 5th birthday.
• A child born between 1 January & 31 March is Compulsory School Age from the first day of the Summer Term following their 5th birthday.

However, the School Admissions Code 2021 says admission authorities must provide for the admission of all children in the September following their fourth birthday.

Once you have been offered a place at school, West Sussex County Council (The ‘LA’) must make it clear in their arrangements that:

• a) the child is entitled to a full-time place in the September following their fourth birthday;
• b) the child’s parents can defer the date their child is admitted to the school until later in the school year but not beyond the point at which they reach compulsory school age and not beyond the beginning of the final term of the school year for which it was made; and
• c) where the parents wish, children may attend part-time until later in the school year but not beyond the point at which they reach compulsory school age.

In summary this means a child can start:

• part time
• part-way through the year or
• in the next school year, in the September after they turn 5.

You will still need to apply for a school place at the same time as every one else but can ask for a later start when you apply. If starting in the September after they turn 5, they will start in year 1. However, where a child is ‘summer-born’ a request can be made to start in reception. We will look at this in more detail later on.

Let’s take a look first at the options open to any child. Click on each Tab to find out more.

Summer-born Children and Delayed Admission

The Department for Education (DfE) expects pupils to be educated in their normal chronological year group and of course the majority of parents of summer-born children are happy for their child to start school in the September following their fourth birthday.

Options already exist for parents who feel that their child is not ready for full-time education, as we saw above, such as part-time attendance or starting later in the academic year (deferred admission) both of which can be discussed with the school once the offer has been finalised.

However, for summer-born children (born between 1 April and 31 August) there is a further option that could be considered – which is requesting that they start in the Reception year in the September after their 5th birthday (rather than the normal year 1). This is known as Delayed Admission. Click on the Tab below to find out more.

Delayed Admission

The School Admissions Code states that parents of summer-born children have the right to choose not to send their child to school until the September following their fifth birthday (rather than their 4th) and still start in Reception class rather than in Year 1.

As we saw earlier, parents have the right not to send their child to school until the term after their 5th birthday (compulsory school age) and the child would normally start their schooling in year 1 – alongside other children of their normal age group.

Parents of summer-born children though, may request that their child’s entry into Reception be delayed until the following academic year. This includes parents of children who were born prematurely and who would have naturally fallen into a lower age group if they had been born full-term. In other words, parents of summer-born children have the right to request that their child starts in Reception Year the term after their 5th birthday – which would be outside of their normal age group.

It should be noted that whilst parents can request this, it is not an automatic right for a summer-born child to be able to start in reception class where that is not their normal age group. Each case must be considered under its own merits and a decision made by the admission authority for the school. It is for individual admission authorities to consider requests. 

How to request Delayed Admission

WSCC is the admission authority for community and controlled schools. One admission authority cannot be required to honour a decision made by another admission authority on admission out of the normal age group. Therefore, parents should consider whether to request admission out of the normal year group at all of their preferred schools, rather than just their first preference school.

Complete the delayed admissions request – Parents should complete the delayed admissions request form on the WSCC Admissions web pages before the closing date (generally around the 15 January of the calendar year your child is due to start) and include any available evidence from professionals detailing why there is a need for their child to start in the Reception class the following year.

Apply for a school place – Parents must also apply by the closing date for the admission of their child in the September following their 4th birthday. This ensures they have a school place if the delayed entry is declined.

If your application for delayed entry is agreed, your child will not be allocated a place at a school in the September following their fourth birthday and you will need to make a fresh application for a school place in the following September.

Parents must be sure that delayed admission / entry is right for their child as there can be potential impact on their school life for many years. There are other factors that you need to be aware of relating to the decision to allow your child to have a delayed entry into Reception:

• It may affect your child’s ability to participate in sporting/social activities with classmates as many organisations base their age categories around standard school year groups.
• Your child will be eligible to leave school on the last Friday in June of the academic year in which he/she turns 16, even if this is at the end of Year 10 rather than Year 11, and may choose to do so.
• If your child starts school prior to compulsory school age he/she can benefit from a staggered start, whereas starting when they are already five years old means they have to attend full-time from the start.
• You would need to make a request for back-classing* at a point of transition or changing school (e.g. to junior or secondary school or if you moved out of area) to avoid your child having to skip a whole academic year as there is no guarantee that the new admission authority will continue the arrangement to work outside of the normal year group.

*A back-classing arrangement is when a child who has already been in receipt of education repeats an academic year. This includes where a child has had a delayed admission and is now transferring to junior or secondary school. It is expected that applications for back classing are submitted by the child’s school. Parents should discuss any issues with the school. If the child is not in school, please contact the relevant Pupil Admissions Team.

You can find further information about summer-born children starting school on the DfE document Advice for parents, September 2020.

What to do if your application is refused

Parents have a statutory right to appeal against the refusal of a place at a school for which they have applied. However, this right does not apply if they are offered a place at the school but it is not in their preferred age group.

In other words, parents do not have a right of appeal if the LA refuse their Delayed Admission application for their child to start in the Reception year (outside of their normal age group). Remember, children do not have to start receiving an education until the term after their 5th birthday. A delayed Admission for summer-born children is a request for them to start in reception – outside of their normal age group.

Whilst parent’s do not have the right to appeal the LA’s decision not to place their child outside of their normal age group, they may make a complaint. They may also make such a complaint if they have not made, or do not yet know the outcome of, their formal application for a school place. All schools have a duty to consider complaints about the school and must have a published complaints procedure in place. Local authorities will also have a complaints procedure.

If a parent is unhappy with the way a local authority or maintained school has handled their complaint, the parent may then refer their complaint to the Local Government Ombudsman.

Starting the Term after their 4th birthday – things to consider

Despite all the options above, many families will decide that starting your child the term after their 4th birthday, along with the majority of their peers is the most appropriate plan. However, that may not stop you being concerned about how your child will cope or what support they will receive in their transitions and once they start school.

West Sussex County Council state that the curriculum for 4-year-olds is the same in reception as it is in nursery; largely based around learning through play. This allows the child to have an individual learning journey and make good progress from their starting point. Teachers in Reception classes are generally very experienced in meeting the varied needs of the youngest children and tailoring learning activities appropriately to each individual child.

This means that most children, even with SEND can be supported in Reception year at a mainstream school.

SEND Under 5’s

Where a child has had significant and/or complex needs from an early age, there is a good chance that your child will be known by the SEND Under 5’s team. If so, it is likely that a plan will already be in place for their transition to a mainstream school. This will also help in terms of knowing and understanding what support will be in place.

Admission Criteria

All schools have admission criteria to decide which children get places. The school or local council usually set these depending on the type of school. To find out about a particular school’s admission criteria go to West Sussex Schools Admission Policies

Admission criteria may vary but generally give priority to children:

• who live close to the school
• who have a brother or sister at the school already
• from a particular religion (for faith schools)
• who pass an entrance exam (for selective schools, for example grammar schools)
• who went to a particular primary school (a ‘feeder school’)
• who are eligible for the pupil premium or the service pupil premium
• whose parent has worked at the school for 2 years or more

All state-funded schools (maintained by the LA) must give top priority to admitting children who:

• are in care or being looked after
• have been in care

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

Application under the exceptional and compelling Category

Many, but not all, admission authorities have criteria which give priority to applicants if there is a strong medical case or exceptional need for the child to attend the school named first on their application. However, it is rare for a case to meet the exceptional and compelling criteria.

All schools can manage a child’s special educational needs, such as Asperger’s Syndrome or dyslexia. All schools can also accommodate common childhood complaints such as asthma and allergies.

The exceptional and compelling criteria does not cover issues such as difficulties with childcare arrangements. It also does not cover the child’s ability or school performance.

If your application does not meet the exceptional and compelling criteria, it will be considered against the remaining over-subscription criteria.

How to apply on exceptional and compelling criteria

To apply on Exceptional and compelling criteria, you must tick the box on the online admission or paper form.

• A school where West Sussex County Council (WSCC) are the admissions authority, tick the box marked ‘Exceptional and Compelling’. It may be advisable to contact the Pupil Admissions team who will be able to advise if your circumstances are likely to meet the criteria.
• A church voluntary aided schools, foundation schools and academies, and schools in other local authority areas, you should contact the school to complete their admission form and/ or discuss:
  • the child’s needs
  • the school’s over-subscription criteria
  • whether the exceptional and compelling criteria are applicable in your case.

If, after discussing the child’s needs, you will be submitting an application under the exceptional and compelling category you must:

• specify the school you are applying for under this category as your first preference – you cannot apply for second or third preference schools under this category
• make your application by the appropriate deadline
  • key primary, infant and junior application dates
  • key secondary application dates
• supply the correct supporting evidence – see the information below.

Be aware that:

• we strongly recommend naming three preferences on your application – doing so will not negatively affect the application for your first preference
• if you apply using the exceptional and compelling category for second or third preference schools, Pupil Admissions will amend your application and consider it against the remaining over-subscription criteria.

Supplying supporting evidence

Supporting evidence must come from a qualified professional (for example, a medical consultant or psychologist). It must explain clearly why it is essential for the child to attend the school named as the first preference and fully detail the child’s needs. It must also specify why only the preferred school is able to meet those needs.

Letters from parents alone are not sufficient, nor are letters that do not address the question of which school the child must attend. Letters from teachers at the child’s current school will not normally be considered.

The Pupil Admissions team will not contact third parties to obtain information. It is your responsibility to send evidence.

You must:

• ensure the Pupil Admissions team receive the correct supporting evidence by the relevant deadline
• send information by email where possible
• use recorded delivery if you must post correspondence so that Royal Mail can confirm delivery for you
• not send original documents as we cannot return them
• ensure that you have received an acknowledgement of safe receipt of your correspondence from Pupil Admissions.

The admissions team will only consider applications and evidence received after the deadline in exceptional circumstances.

Where WSCC are the admissions authority, a panel of Senior Officers consider the supporting evidence and make a decision.

How do you choose a school

The first thing therefore is to think about the school you will be applying for. If your child does not have an EHCP then you can only apply for a mainstream school (not a special school). Most mainstream primary or infant schools work in the same way and should be able to meet the needs of the majority of the children with SEN under what is called SEN Support. Most children can be supported in their catchment school.

Through these links you can search for a school and also find your catchment area school. The West Sussex Local Offer also has lists of schools.

You may also want to consider the following points when thinking about your child’s SEND.

Size of School – Some schools may be smaller than others and whilst this may seem ideal, if can mean that the school has fewer resources to allocate. Although bigger schools may seem noisier and more confusing, they do have the potential to offer quiet spaces and perhaps more staff or groups to support your child’s needs.

Distance to school – Although when starting school, your child is going to undoubtedly need an adult to accompany them, this may not always be the case and they may need more independence as they progress through their year groups. You will need to consider whether you will need to drive (and what happens if for some reason you can’t), especially if they need picking up early for any reason. Also to be considered is whether your child will be able to socialise with their peers, near their home, especially during holidays and weekends (and especially as they get older). Your catchment school can be worth considering for this reason.

Outside of West Sussex – If you live in West Sussex but the school you are considering is in another county and it is for starting school (Reception), junior or secondary transfer, then you must apply through the admissions team. To express a preference for a school in another area on your online application, you must first select the responsible local authority in order to access a list of their schools. Every effort is made to keep the lists for neighbouring authorities up to date. If the school you would like to apply for is not available to select, contact the Pupil Admissions Team to have it added. 

Others attending with similar SEND – Does the school have other children with similar SEND? – It can often help if the school already has experience, knowledge and skills in supporting children with similar SEND.

How the school supports SEND – It may be helpful to know the practicalities of how the school will support your child’s SEND? For example, do they have teaching assistants, quiet spaces, nurture groups, play therapies? Do they use Makaton, hearing loops or have IPADS or other equipment that would support your child? You can have a look at a school’s SEN Information Report to get more of an idea, but we would also recommend speaking with the school’s SENCO (Special Educational Needs Co-Ordinator). Even if they don’t at the moment, they may be willing to have something in place for when your child starts.

Questions to ask

Below are some of the questions you may want to consider asking when trying to decide which school to ask for.

• Please can I have a copy of your school’s SEN Information report? – (this will explain how the individual school manages the provision for pupils with special educational needs (SEN))
• Please can I have a copy of the school prospectus/governors report.
• What is the average class size in my child’s year?
• Do you have many pupils with special educational needs/EHC Plans?
• How do parents receive copies of their child’s individual learning plans and information on their child’s general progress? Is this done automatically?
• How regularly are children’s individual learning plans reviewed?  How would I be involved in the review of my child’s plan?
• How is support for children with special needs organised?
• How is the curriculum adapted to meet the needs of children with special educational needs?
• How does the school ensure children with special needs/disabilities are fully included in school life?
• What opportunities for parents to come into school to discuss their child’s progress?
• I have particular needs myself which are …… how will you be able to help me take part in my child’s education? (if applicable)
• Have you/your staff had experience of working with children with similar needs to my child?
• What is the structure and timetable for the school day?
• How does the school access support for/manage challenging behaviour? (If applicable)
• Are all areas of the school accessible to my child? Are adaptations required? (if applicable)
• What clubs or activities might the pupil get involved in (e.g. supported homework, after-school clubs, specific activity groups, etc.)
• How does the SENCO (Special Educational Needs Co-ordinator) communicate information about individual pupils to teachers?  (This is especially important at secondary school where a pupil might be taught by 13 – 14 different teachers in a week).

Find out more about a school

You can find out more about a particular school by:

• visiting the school – most schools have open days
• reading the school’s most recent Ofsted reports
• checking school performance tables
• talking to other parents about what they think of the school

Schools’ websites must include:

• admission arrangements, including how to apply
• details of the curriculum
• behaviour policy
• links to Ofsted reports
• links to performance data
• the school’s latest key stage 2 and 4 attainment and progress measures
• their special educational needs (SEN) information report, which includes information about their policies for children or young people with special educational needs and disabilities
• the amount of money they get for taking underprivileged children (the ‘pupil premium’), what they do with it and the effect it’s had

What to do once a placement offer has been received

Once, you have received an offer for a school place (hopefully from one of the 3 that you wanted),

• Speak to your nursery, if your child is already attending about any transition plans that will/may be in place to support your child’s SEN.
• Arrange to speak to the SENCO of the offered school if your child doesn’t attend nursery or if there are particular concerns about the support your child needs when they start.

Ongoing

It may be that as the teachers get to know your child and therefore their Special Educational Needs, support will be reviewed and tweaked. As part of SEN Support, there should be regular reviews of the support they are receiving to see if expected progress is being made towards their outcomes. Unless their needs change significantly, these reviews should allow the right people and support to be involved at the right time.

For more about SEN Support please have a look at our SENDIAS Resources

What if I am not happy with the school offered?

If the local authority (LA) cannot offer your child a place at any of your preferred schools, they will offer a place at your catchment school, if available. Or, if the catchment school is full, you will be offered a place at the nearest school to your home address with a place available.

You have the right to appeal against a decision not to offer your child a place at your preferred school and to place them on a waiting list.

The following information by West Sussex County Council (WSCC) will provide more information on what you can do if you have not been offered a place at the school you want:

• How school places are allocated 
• School waiting lists 

Please note: that appealing for a school place does not give priority on a waiting list.

If you want to appeal then the following information will be helpful:

• School admission appeals – a guide for parents (PDF, 539KB)
• School admission appeals code (PDF, 277KB)

Infant Class Sizes – The law states (with a few exceptions which are listed in the School Admission Appeals Code) that all infant classes, (where children are aged 7 and under) should have no more than thirty pupils with a single teacher. Therefore if the class that your child would enter would exceed thirty, the admission authority can refuse to allow your child a place. You can still appeal to the Independent Appeal Panel, but only if you have grounds for believing that the admission authority has behaved unreasonably in a legal sense, or has not applied the rules correctly.

You will need to complete a separate appeals form for each school and can appeal via this link:

Online school appeals form

If you do not have access to the internet, you can call the Contact Centre on 03330 142 903 and you will be sent a form to enable you to appeal.

All appeals are heard by an independent panel and its decision is binding. If you decide to appeal, you will be sent a letter with the appeal hearing date. You will be invited to attend the appeal and you may take someone with you for support. The hearing will be conducted as informally as possible and you will have the opportunity to put forward your case and ask questions.

If your appeal is refused, the relevant local admissions authority will not consider a further application or appeal for a place at the same school, in the same academic year, unless there is a significant material change in your circumstances or those of the school.

Moving school during the year

A parent can apply for a place at any school, at any time (School admissions code 2021) and there may be occasion where you are considering a change of schools outside of the normal admission times.

This may be because you are moving house, or perhaps you feel that a change of school may be better for your child. If there is no EHCP in place then you will need to contact the admissions team and complete an IN Year application. Let’s take a closer look:

In Year Admission

How are In Year Admissions organised

Local authorities must publish information on their 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. This includes setting out which schools they will co-ordinate the applications for and which schools will manage their own in-year admissions. They must also set out contact details for any admission authority that manages its own in-year admissions.

Local authorities must, on request, provide information to prospective parents about the places still available in all schools within their area. To enable them to do this, 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 two 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.

This may mean that where a child has SEND or behaviour issues, and where a school can show that having that child attend would detrimentally effect the education of others, or would take more resources than the school should be expected to use, they may be able to refuse that child being admitted. The application would then likely be considered under the Fair Access Protocol (see below).

Where an admission authority is dealing with multiple in-year admissions and do 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.

If you are considering moving schools, it is a good idea to visit the school’s website first to find out more about it and also read the relevant guidance below :

• School catchment areas
• School admissions policies
• Schools that manage their own admissions

Applying for In Year Admission

Once you are happy with which school(s) you would like to apply for, then either:

• Complete the online form to apply for a place at a community or controlled school where WSCC manages the school’s admissions: Online application form(external link). If you are not able to apply online then you can complete the WSCC-managed admissions (IYA/WSCCMA) form (Word, 73KB) and return the completed form to the relevant Pupil Admissions Team. Or
• Where a school manages it’s own admissions, please contact the school directly to apply for a place.

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. 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

WSCC are currently receiving a large number of in-year applications. You will receive confirmation that your online form has been submitted but they ask that you allow at least two weeks before chasing up your application.

Regardless of who manages their admissions, some schools may ask you to complete a supplementary information form as well as an application form.

Places cannot be reserved in advance and normally have to be taken up within 10 school days of being offered. If you are moving house you can apply in advance of your move but your child must be able to take up the place within 10 days of the offer.

Remember – You do not need to apply for an in-year admission if your child is:

• starting Reception class in September – you need to apply for starting school place
• moving to Year 3 at junior school in September – you need to apply for a junior school place
• due to move to Year 7 at secondary school in the coming September – you need to apply for a secondary school place.

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, particularly where the child is out of school.

Refused In Year Application

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. 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 two 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.

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 also 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.

Schools Adjudicator – Any person or body who considers that any maintained school or Academy’s arrangements are unlawful, or not in compliance with the Code or relevant law relating to admissions, can make an objection to the Schools Adjudicator. Objections to admission arrangements must be referred to the Schools Adjudicator by 15 May in the determination year. Further information on how to make an objection can be obtained from the Office of the Schools Adjudicator.

Fair Access Protocol – for unplaced and vulnerable children

According to the School admissions code 2021, each local authority must have a Fair Access Protocol 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. This includes SEND.

How Fair Access Protocols should work

The School admissions code sets out several conditions about how the Fair Access Protocol should work:

It should be developed with schools (Admission Authorities) – The Protocol must be consulted upon and developed in partnership with all schools in its area. Once the Protocol has been agreed by the majority of schools in its area, all admission authorities must participate in it. Participation includes making available a representative who is authorised to participate in discussions, make 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. Local authorities must provide admission authorities with reasonable notice and information as to how and when discussions around the placement of children via the Protocol will take place.

No school should have disproportionate numbers – 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 Protocol. 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.

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, they should initiate a review with the local authority. There should be a clear process for how such a review can be initiated within each Fair Access Protocol. 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.

Criteria – Fair Access Protocols may only be used to place the following groups of vulnerable and/or 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:

• 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 Protocol;
• 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 this 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; and
• m) previously looked after children for whom the local authority has been unable to promptly secure a school place.

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. They must not refuse to admit such children on the basis that they may be eligible to be placed via the Fair Access Protocol.

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.

Appropriate to a child’s needs – 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.

When one is agreed – 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 they have been allocated a school place via the Fair Access Protocol, arrangements should be made for the child to start at the school as soon as possible. You will be contacted after you have returned an application form if your application is to be processed under the protocol.

Should you disagree – Although there is no duty for local authorities or admission authorities to comply with parental preference when allocating places through the Fair Access Protocol, parents’ views should be taken into account. 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 Fair Access Protocol. See ‘What if I am not happy with the school offered?’ above for details on how to appeal.