School Admissions for Children in Care: Priority and Fair Access

Children in care (looked-after children) and previously looked-after children face distinctive barriers—urgent moves, disrupted education, and gaps in records. England’s admissions framework recognises this and gives them clear priority, with safeguards for in-year moves so a place can be secured quickly and fairly. Below is a practical, plain-English guide for carers, social workers and schools on how priority works, how Fair Access Protocols operate, and who is responsible for getting things done.

1) Who gets priority—and what does that mean?

Under the School Admissions Code 2021, looked-after children (LAC) and previously looked-after children (PLAC) must be given highest priority in oversubscription criteria for every state-funded school in England (including faith schools). That priority also extends to children adopted from state care outside England, who must be treated on a par with PLAC for admissions.

What it means in practice

• If a school has more applicants than places, LAC and PLAC are placed at the top of the list before other categories (siblings, distance, faith criteria, etc.).
• Faith schools can apply faith criteria, but the Code is explicit that LAC/PLAC priority still applies within those arrangements.

2) In-year admissions and the Fair Access Protocol (FAP)

A lot of school moves for children in care happen mid-year—after a placement move, a safeguarding concern, or a breakdown. The Code requires each local authority to operate a Fair Access Protocol so vulnerable children who struggle to secure a place “through the usual way” are allocated swiftly. All admission authorities (maintained schools and academies) must take part once the local protocol is agreed.

Key points about FAP

• The purpose is speed and fairness for vulnerable cohorts, which explicitly include children in care and those who have been in care.
• It applies to in-year admissions, not the normal September intake.
• Local arrangements differ (panels, timelines, direction powers), but the legal duty to have and follow a protocol is national. Recent sector briefings emphasise common pitfalls (for example, delays caused by incomplete information sharing) and how to avoid them.

Practical tip for carers/social workers:
If an in-year application hits a wall—no place offers, or repeated refusal—ask the local authority admissions team (and the Virtual School Head, see below) to escalate via FAP to secure a place quickly. Keep a short chronology of attempts and refusals to support escalation.

3) Who does what? (Virtual School Head, Designated Teacher, Local Authority)

Virtual School Head (VSH). Every local authority must have a VSH to champion the education of looked-after children—securing a school place, ensuring a high-quality Personal Education Plan (PEP), and coordinating support. The statutory guidance sets out this role in detail and has been updated and extended over time to strengthen strategic leadership.

Designated Teacher in school. Every maintained school and academy must have a Designated Teacher responsible for LAC/PLAC progress and inclusion—making sure the pupil is admitted smoothly, staff understand needs, records transfer promptly, and PEP actions are implemented. Governing bodies must have regard to DfE statutory guidance on this role.

Local authority admissions. The local authority runs coordinated admissions, operates FAP, and can direct a maintained school to admit where necessary. For academies, the Secretary of State (via the ESFA/FA) can direct admission if agreement cannot be reached locally. The Code and FAP guidance describe these powers and routes.

4) Evidence schools will ask for

To apply priority correctly, schools/admissions teams usually need:

• A statement confirming looked-after or previously looked-after status (e.g., care order, child arrangements order, adoption order, or evidence of being in state care outside England before adoption).
• The name/contact of the social worker (for LAC) and the VSH.
• Any EHCP or SEN documentation, recent PEP, and safeguarding considerations that affect the choice of school or transport.

Good practice is to send a succinct education history (current attainment, key risks, any interim provision) so the new school can plan support from day one. The VSH and Designated Teacher guidance both stress the importance of timely information sharing.

5) Timelines: how fast should an in-year place be found?

By design, FAPs are about speed—the protocol should prevent a child getting stuck out of school. While exact timelines differ by area, the national guidance states the aim is to place vulnerable children as quickly as possible, with all admission authorities participating. If timescales drift, escalate via the VSH and the local authority’s admissions lead.

Red flags to challenge

• A school implying it can “refuse LAC/PLAC because we’re full” without engaging FAP or the LA: priority means refusal must be justified and a local solution found quickly.
• Long delays awaiting panel dates: request an interim timetable (on-roll with a transition plan or supported timetable) to prevent missing education.

6) SEN, EHCPs and admissions

If a child has an Education, Health and Care Plan (EHCP), the EHCP names the school and the admission happens through the SEND route, not the standard Code criteria. However, the spirit of priority still applies—placement suitability and swift admission are expected. In practice, the VSH, SEN team and school must coordinate to ensure there is no gap in education. (Use the EHCP annual review or an emergency review if a move makes the named school unsuitable.)

7) Transport, distance and safeguarding factors

Where placement moves create longer journeys, the local authority should assess home-to-school transport and any safeguarding routes (e.g., avoiding known risks, safe walking routes, supervised travel initially). Decisions are case-by-case, but the admissions and VSH guidance emphasise corporate parenting responsibilities and removing barriers to attendance. Keep transport under review at each PEP.

8) After admission: funding and support in school

Two pieces of the support puzzle are worth flagging:

Pupil Premium Plus (PP+). Looked-after and previously looked-after children attract PP+, distributed under annual conditions of grant. Local authorities (via the Virtual School) manage the grant for children currently in care and hold schools to account for evidence-based use linked to PEP targets; schools receive PP+ directly for previously looked-after children on roll. (Rates are set each year; check the current conditions of grant and your Virtual School’s policy for local allocation.)

Designated Teacher leadership. The Designated Teacher should coordinate induction, staff briefings (on trauma-informed approaches), and close tracking of attendance/behaviour/attainment—reporting to governors on the impact of PP+ and other support.

9) Exclusions and stability

While the exclusions framework applies to all pupils, guidance and case law expect heightened consideration for vulnerable cohorts. Before suspensions or permanent exclusion are considered, schools should evidence reasonable adjustments, multi-agency planning, and use of graduated responses. Early VSH involvement and a PEP review can often stabilise the placement and prevent escalation.

10) How carers and social workers can make the system work

Prepare a strong application pack. Include priority evidence, short education history, current supports, and any risks to consider for matching (e.g., county lines concerns, peer risks).

Name the practical reasons. If a particular school is sought for stability (existing relationships, siblings, therapeutic provision), say so—this helps admissions weigh suitability and transport.

Escalate early if stuck. Ask the VSH to intervene and trigger FAP if standard routes fail. Keep a log of contacts, dates, and decisions to maintain momentum.

Plan the handover. Get the Designated Teacher, social worker, carer, and (where appropriate) the pupil together before day one to agree any temporary timetable, pastoral contact, uniform/equipment, and who meets the child at the gate.

11) A note on the wider UK

Education law and admissions rules differ in Wales, Scotland and Northern Ireland. The priority principles for looked-after children are shared, but the legal instruments and operational guidance are separate. If a move crosses a border (for example England→Wales), check the host nation’s admissions code and the local authority’s policies before applying.

Bottom line

• Priority is clear: LAC and PLAC sit at the top of oversubscription lists under the School Admissions Code 2021, including in faith schools. Use that priority when applying.
• In-year moves shouldn’t drift: the Fair Access Protocol exists to secure a swift place; all schools must participate. Escalate via the VSH and LA admissions if you hit delays.
• Support doesn’t stop at the gate: the Designated Teacher and Virtual School should coordinate induction, PEP targets and PP+ spending so the new placement is stable and progress is visible.