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Fair Access Protocol

The local arrangement for placing vulnerable children who have no school place. Every council must have one.

Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.

What it is

A Fair Access Protocol is the locally agreed arrangement ensuring that children who are unplaced and vulnerable, particularly those out of school, are found a place as quickly as possible.

It exists precisely for the case where every local school says it is full.

Where it applies

Categories set out in the Admissions Code, including children out of education for a period, children returning from alternative provision, permanently excluded children, and children of Gypsy, Roma and Traveller families among others.

How it works

It can place a child at a school that is already full, and all admissions authorities including academies must participate.

It is not a route parents apply to directly — the council operates it — but you can and should ask for it to be used.

What you can ask for

Ask the council, in writing, to consider your child under the Fair Access Protocol, and ask for the answer in writing.

Ask what education is being arranged in the meantime. The section 19 duty runs regardless of whether a school place has been found.

Where to get help

The council's admissions team must publish the protocol. Child Law Advice and IPSEA both advise on it.

Where to read more

Last reviewed 2026-08-28 by Fiducia Together · Next review due 2027-08-28

Please note: This page explains a word or a process in education. It is general information about the system, the law and the guidance in England — not advice about your child, your school or your exam. If a decision is going against you, get advice from one of the free services we link to before you agree to anything or miss a deadline. If you are revising, check your own exam board's specification: boards word things differently and yours is the one that marks you.

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