School Admissions for Children in Care: Priority & Fair Access

Children in care (looked-after children) and previously looked-after children have specific protections in the English admissions system to make sure they get into a suitable school quickly, even when places are tight. This guide explains how priority works, what happens with in-year moves, and how Fair Access Protocols help secure a place when normal admissions routes stall. It also covers the roles of the Virtual School Head and designated teacher, and practical steps for carers and social workers to get admissions right first time.

Who gets top priority—and what that really means

Under the School Admissions Code (2021), every admission authority must list oversubscription criteria, and the highest priority must be given to looked-after and previously looked-after children (including those adopted from state care). If a school is oversubscribed, this priority sits above distance, siblings, or faith criteria. Where a child has an EHCP naming the school, the school must admit them.

The Code is the legal rulebook schools and councils must follow. The government page shows the current Code and associated guidance, including updates that clarified in-year processes and Fair Access arrangements from 1 September 2021.

Previously looked-after includes children who were in care but left via adoption, special guardianship or child arrangements orders. Since 2021, children adopted from state care outside England must be given the same priority as previously looked-after children in England. Admission authorities should reflect this explicitly in their policies.

Standard admissions vs in-year moves

Normal round admissions (Reception/Year 7) follow the published timetable: apply, receive offers, and appeal if needed. For children in care, applications are often coordinated by the placing local authority with the Virtual School involved. Because of priority status, most children should be offered one of the named preferences.

In-year admissions happen when a child needs a place outside the usual rounds—common in care due to placement moves or emergency safeguarding decisions. The 2021 Code strengthened expectations so vulnerable children aren’t left without a place for long, and clarified how local authorities and schools must process in-year applications promptly.

If a school refuses a place to a looked-after child, the Code notes it will often be more appropriate for the local authority to use its powers of direction to secure admission quickly than to rely on a standard appeal. (This is to avoid long gaps in education while an appeal is pending.) Local Fair Access Protocol documents and LA guidance repeat this expectation.

Fair Access Protocols (FAP): when normal routes aren’t enough

Every local authority must operate a Fair Access Protocol to ensure unplaced children—especially the most vulnerable—are admitted swiftly. FAPs are a safety net when reasonable efforts to find a place by the normal in-year route have failed (for example, repeated refusals or no local capacity). All admission authorities in the area must take part.

Paragraph 3.17 of the Code lists the groups who can be placed via FAP (for example, children with a Child in Need or Child Protection plan, those at risk of exclusion, or where a managed move has broken down). LAs publish their local protocols, and schools agree to them. For looked-after children, FAP routes allow rapid placement without disadvantaging the child because of complex circumstances.

Key takeaways for carers and social workers

• If one or more schools refuse, ask the local authority to consider a direction or FAP placement rather than waiting through a full appeal cycle.
• Keep a clear record of attempts made: applications, refusals, and evidence of travel or capacity issues—this supports FAP escalation.

The Virtual School Head and the designated teacher: who does what?

Each local authority has a Virtual School Head (VSH) responsible for promoting the educational achievement of children in care (and, through extended guidance, supporting children with a social worker). VSHs advise on admissions strategy, remove barriers to attendance, and work with schools to secure the right provision quickly.

Every school must also have a designated teacher to champion looked-after and previously looked-after pupils: tracking progress, chairing or contributing to Personal Education Plans (PEPs), and coordinating with the VSH and social worker. These roles are set out in DfE statutory guidance.

Practical tips

• When applying, name the designated teacher as a contact and copy the Virtual School to speed up queries.
• For pupils with a plan (EHCP/PEP), share the latest documents with the admissions team to inform a sensible, needs-led placement.

Pupil Premium Plus (PP+) and support once the place is secured

Looked-after and previously looked-after children attract Pupil Premium Plus funding to help schools meet needs around attainment, attendance, and wellbeing. Government guidance sets out how leaders should plan for impact, and LAs publish local PP+ frameworks and notional amounts for each financial year. Your Virtual School will confirm the current figure and how bids are made through the PEP.

What to expect after admission

• A prompt PEP meeting setting clear academic and pastoral targets.
• Reasonable adjustments for transition (extra visits, staggered start, a named safe adult).
• Rapid attention to attendance and barriers (e.g., transport, uniform, equipment) with VSH oversight.

Transport and “reasonable distance”

Getting a place is one thing—getting there is another. Statutory transport guidance sets duties on councils to arrange free home-to-school travel for eligible children (distance, safety of the route, SEN, and low-income criteria). Local policies interpret these rules and set out how to apply or appeal. Check your council’s current policy and discuss interim solutions with the VSH where a placement has been made at distance for safeguarding or sufficiency reasons.

Common pitfalls—and how to avoid them

1) “We applied, but nothing back.”
In-year applications should be processed without delay. Escalate to admissions and copy the VSH if you’ve had no response, or if the reply simply advises you to keep trying oversubscribed schools without offering alternatives. The 2021 Code expects stronger in-year arrangements precisely to avoid drift for vulnerable pupils.

2) “Refused because of behaviour history.”
A governing body must not refuse just because a child is thought to be “potentially disruptive”. If a refusal occurs, ask the local authority about direction powers or FAP rather than waiting months for a hearing.

3) “Priority didn’t seem to apply.”
Check the application was correctly marked as looked-after/previously looked-after, and that the documentary evidence (care status, adoption/Special Guardianship Order, or overseas adoption from state care) was supplied. If not, the application may have been ranked incorrectly. The Code and government updates state this priority must be applied above most other criteria.

4) “We got a distant school—no way to get there.”
Use the statutory transport guidance and your PEP to agree a plan—temporary transport, different start times, or a nearer suitable alternative. Document the safeguarding or sufficiency reasons that led to the distant placement.

Step-by-step: securing a place fast

1. Loop in the Virtual School early. Share needs, recent assessments, EHCP (if any), and your preferred schools. The VSH can advise on availability and unblock delays.
2. Apply to realistic schools (not just the most selective or distant). Ask admissions which year groups actually have capacity.
3. Mark priority status clearly and upload evidence (care order/letter; for previously looked-after, the adoption/SGO/CAO documentation; for overseas adoptions, proof of state care).
4. If refused, request the reasons in writing. Simultaneously ask the local authority to consider a direction or FAP so the child isn’t out of school.
5. After admission, book the PEP within 10 school days where possible; agree targets, PP+ support, and any transport or transition adjustments.

Quick FAQ

Do academies have to follow these rules?
Yes. The Code applies to all admission authorities, including academies and foundation schools. Fair Access participation is also mandatory once the LA protocol is agreed.

Are previously looked-after children always top priority?
Yes—when oversubscribed, they should be ranked at the top (with looked-after children), provided the correct evidence is supplied. The 2021 changes also confirmed overseas state-care adoptions get the same priority in England.

Who can I contact if the process stalls?
Email the school admissions team and Virtual School Head together. If refusals continue, ask the LA to consider direction or FAP rather than relying only on appeals.

Bottom line

For children in care, admissions law is designed to remove barriers: they sit at the top of oversubscription lists, have rapid in-year routes through direction or Fair Access, and benefit from a strong VSH/designated teacher framework once on roll. Use these levers early, document everything, and don’t hesitate to invoke FAP if “try another school” becomes a loop. It’s lawful—and expected—to prioritise swift admission so the child’s education isn’t disrupted.