School Admissions for Children in Care: Priority and Fair Access

Children in care deserve a school place that is safe, suitable, and secured without delay. England’s admissions rules recognise this by giving looked-after and previously looked-after children the highest priority at every normal point of entry and for in-year moves. This guide explains how that priority works in practice, how Fair Access Protocols support vulnerable pupils, and what foster carers, social workers and birth families can do to secure a place quickly.

Who has top priority for a school place?

Under the School Admissions Code 2021, the highest oversubscription priority must be given to looked-after children (LAC) and previously looked-after children (PLAC). “Previously looked after” covers children who ceased to be looked after because they were adopted, or became subject to a child arrangements order or special guardianship order. The Code also extends this priority to children adopted from state care outside England (often called IAPLAC).

If your child falls into any of these categories, they should be placed at the top of the list ahead of other applicants, whether it’s the normal admissions round (Reception/Year 7) or an in-year move.

What evidence is needed?

Admission authorities may ask for a copy of the adoption/SGO/CAO order and, for IAPLAC, evidence of prior state care outside England. A short letter from the last local authority confirming looked-after status immediately before the order will usually suffice.

In-year admissions: timelines that matter

Moves during the school year are common for children in care. The Admissions Code requires that in-year applications are decided within 15 school days (schools should aim for 10). Once a place is offered and accepted, the child should start as soon as possible, especially if they are currently out of school.

Local authorities must publish clear information about how in-year applications work in their area and which schools they coordinate. Where schools manage their own in-year admissions, they must also publish how to apply and when decisions will be given.

Faith schools, grammar schools and banding: how priority applies

If a school is oversubscribed and uses faith-based criteria, it must still prioritise looked-after and previously looked-after children—both of the faith and not of the faith—above other applicants in the relevant group. In short: LAC/PLAC are never disadvantaged by faith criteria.

For selective schools, the position is slightly different: where admission is wholly by highest test score, LAC/PLAC priority does not override the score threshold; where selection is not solely by top score (e.g., banding or minimum standard), LAC/PLAC who meet the standard must be given priority.

EHCPs and admissions

Where a child has an Education, Health and Care Plan (EHCP) that names a school, that school must admit the child. This sits alongside (and in practice supersedes) ordinary oversubscription rules.

Waiting lists and infant class size rules

If a school keeps a waiting list, LAC/PLAC must come first on that list, and pupils admitted under a Fair Access Protocol (FAP) also take precedence over those waiting.

For Reception, Year 1 and Year 2, the infant class size limit is normally 30 pupils per qualified teacher. However, LAC/PLAC admitted outside the normal round are an “excepted” category—meaning they can be admitted even if the class is at 30.

What is the Fair Access Protocol—and when is it used?

Every local authority must operate a Fair Access Protocol to secure places quickly for children who are hard to place or vulnerable—this includes categories such as pupils who have moved into the area without a school, children at risk of exclusion, and (in certain circumstances) previously looked-after children if a place cannot be secured promptly. The FAP is a safety net; it is not the routine route for LAC/PLAC, who should ordinarily be admitted without delay under their general priority.

The Code also confirms that LAC/PLAC allocated a place via FAP (where used) take precedence on waiting lists.

If a school refuses: direction powers and escalation

Sometimes a school may refuse to admit a looked-after or previously looked-after child—perhaps citing numbers, complexity, or timing. The system provides clear escalation routes:

• Maintained schools: The local authority can direct a maintained school to admit a looked-after child, even if the school is full (after consulting the school). Timescales are tight: the governing board has 7 days to respond in looked-after cases.
• Academies: The local authority can request the Secretary of State to direct an academy to admit (via ESFA). This route is well-established and routinely used where agreement cannot be reached.

Separately, Parliament has been considering reforms (the Children’s Wellbeing and Schools Bill) to streamline direction powers, including proposals to let local authorities direct academies directly. Treat this as in flux until enacted, but it signals a policy direction to reduce delays for vulnerable children.

The role of the Virtual School Head (VSH)

The Virtual School Head champions education for looked-after and previously looked-after children—liaising with schools, supporting admissions, and troubleshooting when a child is without a place. The DfE recently extended funding for VSH leadership (including for children with a social worker and kinship care cohorts) to 31 March 2026, reinforcing this strategic role. If you hit barriers, ask the VSH to intervene early.

Step-by-step: securing a place fast

1. Speak to the Virtual School immediately when a move is likely. They can advise on the best local options and approach heads directly.
2. Gather evidence: care status letter, adoption/SGO/CAO paperwork (for PLAC), and for IAPLAC, proof of prior state care outside England.
3. Apply to more than one suitable school—especially for in-year moves. Don’t be told to “join a waiting list” instead of making an application; that is not allowed.
4. Quote the Code when needed: LAC/PLAC have first priority; in-year decisions must be within 15 school days.
5. Ask about start dates as soon as a place is offered; the Code expects children out of school to start as soon as possible.
6. Use FAP if a prompt place cannot be found, particularly for previously looked-after children who are stuck.
7. Escalate for a direction if a school continues to refuse: LA direction for maintained schools; DfE/ESFA route for academies.
8. Appeal if refused—schools must explain reasons and the appeal process in writing. Use the VSH and social worker to gather evidence that admission is in the child’s best interests. G

Placement stability and best-interest decisions

Admissions should always be framed around the child’s welfare and stability—minimising travel time, aligning with siblings if appropriate, and avoiding mid-GCSE syllabus changes where possible. For some pupils, a short period in alternative provision may be right while a mainstream place is prepared, but this should never become a long-term parking bay. The Code expects collaboration across schools and the local authority to secure provision and avoid drift.

Local variations you should expect

While the national rules are mandatory, local processes differ:

• Some local authorities coordinate all in-year admissions; others leave most to individual academies. The LA website must set this out annually.
• Fair Access Protocols are locally agreed with schools; categories are set nationally, but details (e.g., panel membership, meeting frequency) vary. Every school must participate once the protocol is agreed by the majority.

For your planning: expect faster action when the VSH is involved early, and when applications are complete (e.g., proof of address if needed, care evidence, and the child’s latest school report or PEP summary).

Common misconceptions—busted

“We don’t admit mid-term.”
All state-funded schools must consider in-year applications; they cannot refuse to accept applications or tell you to use only a waiting list.

“We’re full, try somewhere else.”
For LAC—and often for PLAC where urgency is clear—there are direction powers to prevent drift. Use them where a suitable school is resisting without good reason.

“Faith criteria mean we can prioritise our own pupils.”
LAC/PLAC have top priority within the relevant faith/not-of-faith groups.

“Infant classes can’t go over 30.”
They can for specific excepted categories—including LAC/PLAC admitted outside the normal round.

Fair access in action: what “priority” looks like on the ground

When a foster placement changes and a Year 8 pupil needs a place, the in-year application should be processed inside 15 school days. If oversubscribed, LAC/PLAC priority applies to the waiting list, and the FAP can be used to secure a place quickly if no suitable option emerges—often authorising admission above PAN (published admission number) to prevent the child being out of education.

Final word

The law is clear: children in care and those formerly in care come first. Use the Code’s timelines and priorities confidently, involve the Virtual School Head early, and don’t hesitate to escalate to Fair Access or direction if a child is being kept waiting. Fast, fair admission is not a favour—it is a statutory expectation designed to protect children who need school stability the most.