Fair Access Protocol Panel - Terms of Reference
1. Purpose of the Fair Access Protocol Panel (FAPP)
1.1 The FAPP will consider all Fair Access Protocol (FAP) cases and monitor and review the local authorities Fair Access Protocol.
1.2 The FAPP will make a recommendation in respect of which school will be identified to admit the child under the Fair Access Protocol.
1.3 It is important that the FAPP acts within statutory regulations and gathers information which can inform the best decision regarding school placement for each child.
1.4 The FAPP will identify in school attendance order (SAO) cases which school the SAO will be made to. In the majority of cases this will be the exiting school for a child whose elective home education has been deemed to be not suitable or appropriate by the Local Authority.
2. Membership
2.1 The FAP Panel is made up of:
- Head of School Admissions and Transport Service (Chair)
- Deputy Head of Attendance and Inclusion
- Another Education Officer
- And will be advised by:
- 2 X Headteacher/Senior School Representatives from Districts not affected by decision and other professionals as required
If members are unable to attend, best endeavours should be made for a representative to attend on their behalf.
Other professionals may also be invited, as and when required.
3. Eligibility Criteria
FAPs are intended to act as a safety net for the most vulnerable. As such, they may only be used to place the following categories of children, where a child is having difficulty in securing a mainstream school place in-year, and it can be demonstrated that reasonable measures have been taken to secure a mainstream school place through the in-year admissions process
The FAPP will consider:
a) children who have been out of education for four or more weeks and reasonable measures have been taken to secure a school place through the normal in-year admission procedures;
b) children for whom a place has not been sought due to exceptional circumstances, this will also include children where elective home education (EHE) is either deemed unsuitable by the LA and/or children whose parents request a return to mainstream education from EHE and require a school place
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 or are deemed suitable for mainstream education;
e) children who are homeless;
f) children of or who are Gypsies, Roma, Travellers, refugees and asylum seekers;
g) children who are carers;
h) children with special educational needs, (but without an Education, Health and Care Plan), disabilities or medical conditions;
i) children with a Child in Need Plan or a Child Protection Plan or having had one during the preceding 12 months;
j) children living in a refuge or in other relevant accommodation;
k) children in formal kinship care arrangements;
l) children who have been refused a school place on the grounds of their challenging behaviour and referred to the Protocol by a school in accordance with paragraph 3.10 of the School Admissions Code; **
m) previously looked after children for whom the local authority has been unable to promptly secure a school place.
4. Structure of Meetings , Quorum and Documentation
4.1 The FAPP will convene every two weeks during term time on a Tuesday at 4pm by Teams meeting.
4.2 Meetings will be arranged in advance and papers circulated at least 24 hours in advance of the meeting.
4.3 In the event that a member cannot attend the meeting, recommendations may be made in writing to the Chair prior to the meeting. However, if only 2 of 5 persons are able to meet then the meeting will be rearranged.
4.4 If the panel cannot reach a unanimous decision as to the recommended placement, then the final decision will be based on the majority view.
4.5 Referrals to the panel should be sent direct to the Panel Administrator by the Thursday evening prior to meeting being held.
4.6 The Caseworker/Lead Practitioner presenting the case will be responsible for collating the relevant papers (see above) for their case and submitting within the agreed timescales.
5. Management of Information
5.1 All decisions will be recorded by the caseworker/lead practitioner in the child’s record held on Capita ONE.
5.2 The rationale for the decision making will be recorded by the Head of School Admissions and Transport and held on an internal record. The school and parent will be informed of the decision by the most appropriate LA member of staff.