Fair access protocol

[sighbynight]

I'm getting utterly baffled and I'm struggling for straight answers.

We removed (or were "invited to withdraw")our 14yo DS from a local fee paying school as he was getting into constant low level trouble which was creating a vicious circle with his anxiety and depression. I met with the local school, and was totally upfront about his CAMHS involvement (why wouldn't I be?). The SenCo assured me that these problems were pretty small beer and to get him enrolled ASAP as there was definitely spaces in that year.

Today, I got a call to say that because of the CAMHS involvement it was being referred to a Fair Access Panel next week. I've read the protocol for this and it curdled my stomach a bit. It said that children were referred where the school of choice didn't wish to take them on and that a school could be allocated within our region. This could be up to 45 minutes drive away.

I've not been asked for any background information about my son, his family or his condition. How can a panel make a decision about a child they don't know?

Does anyone have experience of these panels? Can anyone advise?

The issue is the circumstances of the referral to the FAP panel. It is all about what is in section 3.12 of the admission guidance. Under normal circumstances schools are required to admit if there are places available. Practically the one time this does not apply is if the governing body of the school does not wish to admit a child with challenging behaviour outside the normal admission round, even though places are available. In such a circumstance the governing body must refer the case to the local authority under the Fair Access Protocol. This would normally only apply where a school has a particularly high proportion of children with challenging behaviour or previously excluded children.

The problem in this particular case is what information is being given to the panel. He has not been excluded and whilst clearly no angel is not to my mind a pupil with particularly challenging behaviour (from OP's description). It seems as though he is being referred without the parent knowing the reasoning - a referral to CAMHS is not in its own right confirmation of particularly challenging behaviour.
That is why i suggested to try and force the issue over getting an answer for the application for a place at the school, hoping that this would push the school to offer a place.
Any decision by the FAP panel is binding on the school and the parent, so there should be paperwork which the parent should have access to, so they can comment on it before any decision is made.

Lots of great advice on here.
I just wanted to add that in our area (and maybe in others) children admitted under FAP can sometimes attract additional funding, so our schools like to go down this route for hard to place pupils. Hopefully it's something like this.

Just to add this is my understanding based on what my manager says when we refer children via the FAP.

In my mind, the issue is less about the FAP and more about your relationship with the school. You have been upfront with them. You could have just applied without giving so much information at this stage, and left them to discover the issue after already offering him a place - that is of course why the independent school allows you the option to withdraw him rather than excluding him. But you acted as a concerned parent - you wanted to make sure that the school were aware of all issues before he started.

The fact that the school didn't contact you before referring to FAP bothers me. It is a clear sign that they do not want your son at that school. So even if FAP does place him there, do you want him starting at a school which clearly doesn't want him there?

I have to say, that from being at a school which takes its fair share of FAP pupils, the success rate of year 10 starters is very low - fewer than 2/5 remain there for the year, most are gone within the term.

I don't know what your local alternatives are, but I would definitely be looking for some. Is it worth talking to the independent school again and seeing if they have any ideas. On the occasions this happens at ours there is another less-selective school which will pick up the dc at this stage.

Oof, Ladymuck. 2 out of 5. That's a stat I need to know, but didn't want to hear. I am speaking to two other local independents - totally up front as well - one of whom was very encouraging. (It's actually the expensive one that the DH at the rejecting school referred to).

I have to say that my son is dealing with all of this very maturely. Six months ago, this would have triggered suicidal thinking and depressive rage at home. Now he is very focussed on breaking the cycle.

Cinnamontwist, the rejecting school has not yet spoken to the previous school.

If the rejecting school have not spoken to the previous school, then it seems very strange to be going to a FAP panel with little if no information other than hat you have told the school. You really need to try and discover what the rejecting school are intending to say at the FAP meeting.

You are right. They have referred without speaking to me or the old school or CAMHS. They have given CAMHS and attending a fee paying school as reasons. That doesn't sound at all right.

I've just read the local authority policy in more detail. Apparently in-year applications from children known to outside agencies are automatically referred to the panel. Along with the very vague "children whose behaviour is causing concern".

And this might sound crazy and paranoid. But I have had dealings with this deputy head before.

My other son, who could only be described as "not streetwise", was given a lift home from the local swimming pool at night by a man unknown to me. Apparently they had been chatting in changing rooms for weeks... And getting changed together. It transpired that he was a governor at the local school, so I flagged it up to them. I used to be a school governor. Getting naked in changing rooms with 12 year olds then giving them a lift home when a lift had already been arranged with the mother struck me as, well, lacking in judgement if nothing else.

It was investigated and no action was taken against the man, which is fine. I felt I had a duty to flag it up.

Could that in any way have any bearing, do you think? Or is that silly and paranoid?

Apparently in-year applications from children known to outside agencies are automatically referred to the panel

Very odd. If the panel override parental preference for a school that has places where there is no evidence that the child's behaviour is causing concern that is clearly a breach of the Admissions Code in my view.

Could not agree more with PRH, this seems to be the LA making their own version of the rules up. It could easily be interpreted as the LA trying to stop parent moving their children to another school, which would be illegal. You could interpret it as the LA deciding that the FAP panel know best over parental preference as to which school a pupil with any involvement with outside agencies should go to.