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If a move outside of the normal admission round is a possibility, designated teachers must urgently contact the Virtual School Advisor or officer to discuss actions/interventions.

If unavoidable, necessary transition planning should be put in place.

If the move is as a result of a risk of permanent exclusion, schools should consider a managed move  and our own guidance for schools.

School placement

The home local authority can consult with a maintained school to admit a child in care or a previously looked after child.

This includes using their powers of direction in a timely way to avoid delay.

Academy placement

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. However, local authorities do not have the power to direct an academy to do so.

The local authority and the academy will usually come to an agreement.

If the academy refuses to admit the child, the local authority can ask the to intervene.

School Admissions Code

Admission authorities understand that they cannot:

• refuse to admit a looked after child on the basis of challenging behaviour, or
• refer a looked after child for action via the Fair Access Protocol on the basis of challenging behaviour.

See paragraph 3.12 of the .

Admission authorities understand that looked-after children can be admitted as ‘excepted pupils’ in relation to the infant class size limit if they are admitted outside the normal admission round - see 2.15(b) of the .

Delays

The local authority, as a corporate parent, does not tolerate drift and delay where children the authority looks after are without an education placement that is appropriate to their assessed needs.

This includes using their powers of direction in a timely way rather than delay issuing a direction due to prolonged negotiation.

Page last updated: 15 May 2024