Fair Access Protocol 

The Cheshire East Fair Access Protocol covers the following groups of children:

• children either subject to a Child in Need Plan or a Child Protection Plan or having had a Child in Need Plan or a Child Protection Plan within 12 months at the point of being referred to the Protocol
• children living in a refuge or in other Relevant Accommodation at the point of being referred to the Protocol; children from the criminal justice system
•  children in alternative provision who need to be reintegrated into mainstream education or who have been permanently excluded but are deemed suitable for mainstream education
• children with special educational needs (but without an Education, Health and Care plan), disabilities or medical conditions
• children who are carers; children who are homeless
• children in formal kinship care arrangements
• children of, or who are, Gypsies, Roma, Travellers, refugees, and asylum seekers
• children who have been refused a school place on the grounds of their challenging behaviour and referred to the Protocol in accordance with paragraph 3.10 of the School Admissions Code 2021 
• children for whom a place has not been sought due to exceptional circumstances
•  children who have been out of education for four or more weeks where it can be demonstrated that there are no places available at any school within a reasonable distance of their home. This does not include circumstances where a suitable place has been offered to a child and this has not been accepted; and 
• previously looked after children for whom the local authority has been unable to promptly secure a school place

The protocol does not cover children with an Education, Health and Care Plan or cared for or previously cared for children, although some previously cared for children can be referred to the panel should there be difficulties in gaining a school place under any of the above criteria.

Where a child without challenging behaviour has applied through the normal process but been unable to get a school place because the preferred schools are full, our school admissions team will try to find them a place at the next nearest school. Children covered by the Fair Access Protocol may then be referred to a Fair Access panel if we cannot otherwise find them a suitable place. Parents still have the right to appeal if the school application for their preferred school has been turned down. 

School fair access referrals - children with challenging behaviour

In the case of children with challenging behaviour, schools can refer an application to Fair Access if they feel unable to take the child because of existing challenges within the relevant year group. The school will tell the parents that the application has been referred. In this situation, parents do not have the right to refuse Fair Access. But they can refuse the school place the Fair Access panel offers and keep trying to find a place themselves. Parents are still entitled to appeal to any schools who were preferences on their application form.

Where a child has been permanently excluded within the 2 school years before the application, our admissions team will see this on the application form and look into the child's situation. When an application for a school place has been received and the pupil has been permanently excluded, the LA will endeavour to place the pupil at the Pupil referral unit or provide alternative provision and refer into FAP if the pupil is then deemed ready for reintegration into mainstream.

If a child who has left a school due to Elective Home Education, either

• at the point of permanent exclusion, or,
• following challenging behaviour that meets the criteria below,

subsequently makes an in-year application, the original school should readmit the child if the application has been made within a period of 2 academic years afterwards unless it follows a genuine change of address out of the area.

If the application results from a move between parents/carers or a shared care arrangement, the pupil’s residence will be counted as the address where the child lives for most of the week, e.g., where the child wakes up between Monday to Friday.

What counts as challenging behaviour

For the purpose of the Cheshire East Fair Access Protocol, we count challenging behaviour as one or more of the following:

1. 3 separate incidents in the last year leading to internal (where a pupil is taken out of the normal classroom but stays in school) or external exclusions, each of which is at least one full day (2 sessions) or one incident resulting in at least five days internal/external exclusion in the 12 months preceding the application, or
2. behaviour resulting in a permanent exclusion within the 2 school years before the application for a school place, or
3. for secondary pupils only - behaviour in the community in the 12 months before the application which, had it taken place within the school, would have resulted in criteria 1 or 2 being met and for which there is evidence from other agencies (police incident numbers are not needed).

• For a Fair Access Protocol (FAP) referral, at least one of the three required behavioural incidents must be an external suspension.
• Internal exclusions will only be counted if they are evidenced by written evidence sent home and are specifically for behavioural reasons (excluding issues such as uniform, homework, or lateness).
• Periods of off-site directions will only be considered if there is clear evidence that they were initiated due to challenging behaviour.
• Referrals without evidence to demonstrate how criteria are met will be rejected.
• All schools in Cheshire East are expected to share information with other schools to establish whether the application would meet referral criteria.

Schools must provide documentary evidence of the behaviour.  

You can contact the school admissions team AdmissionsCE@cheshireeast.gov.uk if your child is eligible for Fair Access support and you have not been able to get a school place for an application outside the normal school entry points (Reception and year 7).

If your child has been referred to Fair Access, the school or professional who made the referral should contact you. They will tell you when the panel will discuss your application and will gather information to share with the panel.

As well as talking to parents/carers, we also talk to previous and current schools about the child. We then give all the information we have about the child to the panel.

If you wish, you can continue to try to find a new place yourself through the normal admissions process while you wait for the Fair Access Panel to meet. You can also submit appeals for any schools who have turned down the application. Appeals can run at the same time as the application is going through the Fair Access process and should not be delayed to wait for a Fair Access Panel decision.

Fair Access Panel decisions

The child's local area Fair Access Panel will decide on the best school for the child. 

The panel's goal is to find a place where the child has the best chance of being successful. They consider all the relevant issues, including the challenges of the existing year group at all the schools and the child's particular circumstances. 

They will take parent preferences into account but cannot guarantee a place at a preferred school. Only 1 school place will be offered by a Fair Access panel.

Panels can decide that schools should take a child even if this means the school goes over its stated pupil admission number (PAN). They can also recommend that the child should stay in their current school if they already have a school place.

Where a school refuses to take a child through Fair Access, we can direct them to take the child if they are a school funded by us as the local authority. Where the school is an academy and does not want to take the child, we can ask the Secretary of State for Education to intervene. 

Who sits on each Fair Access Panel

Panels are made up of head teachers and senior leaders from schools in each area and local authority representatives.

For children needing a new mainstream school after time at our pupil referral unit, a member of staff from the unit will also take part.

Schools that are not local to the child may also be included where the school may be the most appropriate (the child may then be eligible for free transport).

Parents cannot go to Fair Access Panel meetings (though they can provide information to us for the panel to consider).  

Secondary Fair Access Panel meeting dates

• Knutsford, Poynton and Wilmslow (KPW) - Poynton High School, Knutsford Academy, Wilmslow High School.
• Macclesfield - The Macclesfield Academy, All Hallows Catholic College, Tytherington High School, Fallibroome Academy, The Fermain Academy. 
• Crewe and Nantwich - Ruskin High School, Sir William Stanier School, The Oaks Academy, St Thomas More Catholic High School, Brine Leas School, Malbank School and Sixth Form College, Shavington High School, Crewe Engineering & Design UTC, Oakfield Lodge.
• Congleton Rural - Eaton Bank Academy, Congleton High School, Alsager School, Holmes Chapel Comprehensive School, Middlewich High School, Sandbach School, Sandbach High School and Sixth Form College. 

Secondary panels meet approximately every 3 weeks during term time.

• Alsager - Alsager Highfields, Cranberry Academy, Excalibur, Pikemere, Rode Heath, St Gabriel's
• Crewe and Shavington - Brierley, Edleston, Gainsborough, Hungerford, Leighton, Mablins Lane, Monks Coppenhall, Pebble Brook, Shavington Beechwood, St Mary's Catholic, St Michael's, The Berkeley, Underwood West, Vine Tree, Weston Village, Wistaston Academy, Wistaston Church Lane,  Wybunbury Delves
• Congleton - Astbury, Blackfirs, Bosley, Buglawton, Daven, Havannah, Marfields, Marton, Mosseley, Scholar Green, Smallwood, St Mary's, The Quinta, Woodcocks' Well
• Holmes Chapel - Brereton, Chelford, Goostrey, Hermitage, Holmes Chapel, Peover Superior
• Knutsford - Bexton, Egerton, High Legh, Little Bollington, Manor Park, Mobberley, St Vincents 
• Macclesfield and Bollington - Ash Grove, Bollinbrook, Bollington Cross, Bollington St John, Broken Cross, Christ the King, Dean Valley, Gawsworth, Hollinhey, Hurdsfield, Ivy Bank, Kettleshulme, Marlborough, Mottram St Andrews, Parkroyal, Pott Shrigley, Prestbury, Puss Bank, Rainow, St Alban’s, St Gregory's, St John the Evangelist, Upton Priory, Whirley, Wincle
• Middlewich - Cledford, Middlewich, St Mary’s, Warmingham
• Nantwich - Acton, Audlem, Bickerton, Bridgemere, Bunbury Aldersey, Calveley, Highfields, Millfields, Nantwich Primary Academy, Pear Tree, Sound And District, St Anne's Catholic, St Oswald's, Stapeley Broad Lane, Weaver, Willaston, Wrenbury
• Poynton - Adlington, Disley, Lockstock Hall, Lower Park, St Paul's Catholic, Vernon, Worth
• Sandbach - Elworth CofE, Elworth Hall, Haslington, Offley, Sandbach Academy, St Johns CofE, The Dingle, Wheelock
• Wilmslow - Alderley Edge, Ashdene, Gorsey Bank, Lacey Green, Lindow, Nether Alderley, St Anne’s Fulshaw, St Benedict's, Styal, The Wilmslow Academy, Wilmslow Grange

Each panel meeting will include the 10 nearest schools to the child's home unless the parents ask for other schools outside the area.

Primary school panel meetings are held as soon as possible after a referral.

Crewe and Nantwich – Wednesdays 8am

9 September 2026

7 October 2026

11 November 2026

9 December 2026

20 January 2027

24 February 2027

24 March 2027

5 May 2027

9 June 2027

7 July 2027

Knutsford, Poynton and Wilmslow (KPW)  – Tuesdays 9.30am

15 September 2026

13 October 2026

17 November 2026

15 December 2026

26 January 2027

2 March 2027

13 April 2027

11 May 2027

15 June 2027

13 July 2027

Macclesfield – Thursdays 8am

10 September 2026

8 October 2026

19 November 2026

10 December 2026

14 January 2027

25 February 2027

25 March 2027

6th May 2027

10th June 2027

8th July 2027

Congleton and Rural Area – Tuesdays 8am

15 September 2026

13 October 2026

17 November 2026

15 December 2026

26 January 2027

2 March 2027

13 April 2027

11 May 2027

15 June 2027

13 July 2027

After the Fair Access Panel's decision

We will email you or write to you within 2 working days to tell you the panel's decision. If the panel is offering a place at a new school we will tell you who to contact at the school to arrange admission. 

We expect the child to start at the school within 10 school days of the date of the offer for primary schools and within 15 days for secondary schools. 

If you do not contact the school within his time, the school may withdraw the offer of the place and refer the child to our children missing education team. 

The panel's decision is final - there is no appeal process.

But you still have the right to make an admissions appeal to challenge your preferred school(s) refusal to offer a place. You must make your appeal within 20 days of getting our email or letter telling you the panel's decision. You can only apply a second time in that academic year to the same school if your circumstances have changed or if the school's circumstances have changed.