School admissions for children in care
If the move is as a result of a risk of permanent exclusion then the schools should as per Birmingham City Council guidance consider a managed move and our own guidance for schools.
School move outside of the normal admission round
If a move outside of the normal admission round is a possibility, we ask designated teachers to make urgent contact with the Virtual School Advisor or officer to discuss actions/interventions. If unavoidable, necessary transition planning should be put in place.
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.
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 but has no power to direct it to do so.
The local authority and the academy will usually come to an agreement, but if the academy refuses to admit the child, the local authority can ask the secretary of state to intervene.
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 School Admissions Code
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 School Admissions Code);
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 as a result of prolonged negotiation.
