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In Year transfer for ex Looked After Child(ren)

15 replies

PoppyCherry · 31/12/2017 15:41

Hi

Can anyone help with the above process and how it works, specifically whether your chosen new school has to admit, even if it means going above their PAN?

Basically, can they only where there are spaces, or does their ex-LAC status give them any sort of in year 'leg up' to get into the (primary) school you want (as it would with a normal admissions round to secondary for example)?

Thanks for any advice - this is Keystage 2 if it makes a difference.

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Rachie1986 · 31/12/2017 15:46

From a friend who had gone through similar, I believe they have to accept, yes, even if it going above PAN.

I am not certain, however x

PoppyCherry · 31/12/2017 15:56

Hi Rachie

Thanks for the link... I can see reference in that to Looked After Children (I know schools have to go over PAN for currently LAC as they did with DC's first school), but can't see anything about ex-LAC.

Can you point me to where you're looking in that doc?

Many thanks 😃

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Rachie1986 · 31/12/2017 16:01

Pg 23-24 seemed to indicate places can be given to previously lac even if it means they go above being a full class.

I might have read it wrong though - sorry!

fairgame84 · 31/12/2017 16:03

childlawadvice.org.uk/information-pages/school-admissions/

Yes they should get priority.

PoppyCherry · 31/12/2017 16:06

Ah yes, I can see it now, thanks.

Section 2.15 (b) says previously LAC 'may be' admitted to infant classes above PAN

This wouldn't be infant though, and 'may be' isn't expanded in that I can see.

Hmm, still not sure then!

Thanks though.

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PoppyCherry · 31/12/2017 16:06

expanded on

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PoppyCherry · 31/12/2017 16:09

Hi *Fair... so I can see from that site (v interesting, thanks) info on normal admissions rounds where previously LAC will get priority, but again nothing on In Year transfer to a full school.

I'm fairly sure previously LAC would go to the top of a waiting list, I'd just like some definitive info on whether the school would/should S directed to admit, even if above PAN.

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SkeletonSkins · 31/12/2017 16:12

PAN doesn't really matter in ks2, as there's no legal requirement. They can say they're full, and you may have to go to appeal, but it's much easier than in the infants.

PoppyCherry · 31/12/2017 16:14

Ah, I didn't know that Skeleton, thank you.

So, any idea whether they would be directed to admit on appeal?

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TeenTimesTwo · 31/12/2017 19:56

Are they about to be placed with you? In which case I would think the SWs may be able to help your case to get them where you want them.

If not and you are moving house (or just schools) then I would think you'd have good chance on appeal because you are bound to be able to come up with a reasonable argument (pastoral, educational or social).

admission · 31/12/2017 21:38

This is one of those areas that to some extent is what is the "unofficial rule".

As a previously looked after child ( providing it was local authority looked after) then they by law they have to be at the top of the admission criteria. This in effect guarantees admission at the normal point of entry to a school, that is reception or year 7. However all it guarantees for an in-year admission, if the school was deemed to be full in that year group, would be to be top of the waiting list.

Section 3.9 to 3.15 of the admission guidance talks about the requirement for every LA to have a fair access protocol, which is for pupils who are vulnerable, having been permanently twice from schools, to get them back into school even if schools are full. Section 3.11 says that there is no duty for LAs to comply with parental preference when allocating places through the Fair Access Protocol, only that a place must be allocated in an appropriate school. The interesting bit is in 3.12 where it says "This provision will not apply to a looked after child, a previously looked after child or a child with a statement of SEN needs or an EHC Plan naming the school in question, as these children must be admitted." However it does not say that anywhere in the guidance as far as I am aware.

The reality is that all Local Authorities that I know of, have always read in to the guidance that looked after children and previously looked after children should be offered a place at a school that is requested, no matter what the numbers in the school year. There is also no question in my mind that any school appeal panel which had an appeal for a looked after child would admit because they are deemed the most vulnerable of children.There is simply no way that the school could make a case, in my opinion, that would outweigh the need to admit such a child. I have been on one panel where an academy refused, as the admission authority, to admit but the appeal hearing did not take very long!

One issue that you need to be careful about is that the child needs to have been previously looked after with the LA, if it was a private arrangement that does not normal count. You also need to check the detail at the bottom of the admission guidance page 10, which indicates how the children have been adopted, because there is apparently (and I do not know the detail) a loophole in that the admission law does not exactly tally with the law over adoption, so some adopted children are not officially covered by the admission guidance.
Sorry that got complicated.

TeenTimesTwo · 31/12/2017 22:25

the child needs to have been previously looked after with the LA
I think that admission really means an LA not the LA, since a child can be adopted over authority borders.

This doesn't count for children adopted by step parents.

Also doesn't count for children adopted from overseas, (though I think this may be changing, and some LAs include them anyway??).

When the rule about ex-LAC came in there was a grey area as the wording was adopted under the 2002(or 2005?) act, which meant that in theory some children adopted as youngsters didn't then qualify for the rule when entering secondary school, but I think all children must be old enough by now.

PoppyCherry · 01/01/2018 12:32

Ok thank you both very much, that's reassuring.

The children have been placed with us for many years (and the adoption order granted many years ago).

I will contact the new LEA and take it from there.

Happy New Year all

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Charmatt · 03/01/2018 11:58

This issue came up in one if our schools. Where the PAN has been reached, in KS2 or above the admissions authority can choose to go over. In KS1 ICS meanthe the LA advised that we refuse the place because oc it. However, I knew that all other local schools were full and ours was the catchment school so I asked the LA to come back to us if there was a problem finding a place. They did and we took the child as an excepted child.

I would expect that an appeal would win if there are no other places locally.

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