Application and admission considerations
A local authority has the power to direct the admission authority for any maintained school in England to admit a child who is looked after by the local authority, even when the school is full.
Admission authorities understand that they cannot:
- refuse to admit a looked-after child on the basis of challenging behaviour
- refer a looked-after child for action via the Fair Access Protocol on the basis of challenging behaviour
If you seek to arrange a school placement, the corporate parent has responsibility for this process.
The child or young person’s social worker will liaise with other local authority staff and the Virtual School education placement officers to ensure a suitable setting is found.
The setting could be:
- a maintained school
- an academy
- an independent school
These schools could be:
- selective
- non-selective
- boarding schools
- day schools
In some cases it may be appropriate to place a child in a special school or alternative provision.
Choosing a suitable education placement
When finding a suitable education placement, the following principles should apply:
- educational provision should mean a full-time place
- schools judged by Ofsted to be ‘good’ or ‘outstanding’ should be prioritised when seeking a place for looked-after children in need of a new school
Unless there are exceptional evidence-based reasons, looked-after children should never be placed in a school judged by Ofsted to be ‘inadequate’.
When consideration is given to schools judged ‘requiring improvement’
Virtual School heads and social workers should have evidence that the school is providing high-quality support to its vulnerable pupils and will enable a looked-after child to make maximum progress before placing them in that school.
Birmingham Virtual School support
- If a Birmingham looked after child requires a school place due to a placement move in or out of authority, submit an education placement referral using our contact form.
- If a young person has specific additional needs (where they already has an EHCP), the Local Authority SENAR service and other key professionals including Birmingham Virtual School placement officers will work with you to secure a suitable school place.
School Admissions Code
Paragraph 3.29 of the School Admissions Code states;
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. If the Academy refuses to admit the child, the local authority can ask the Secretary of State to intervene.
The Secretary of State has the power under an Academy’s Funding Agreement to direct the Academy to admit a child. They can seek advice from the Schools Adjudicator in reaching a decision.
Page last updated: 2 February 2026
