9 Section

TRANSFERS DURING THE SCHOOL YEAR

The Local Authority will, in so far as is possible, co-ordinate all In Year Transfers for
all voluntary aided primary and secondary schools, Academies and Trust Schools in
Rotherham in 2015/16.
If there is more than one child involved each request will be considered on an individual
basis. If a child is offered or admitted to a school it does not guarantee a place at that
particular school for any other child/children in the family.
In making a decision on a transfer request the Admission Authority will consider the current
number on roll, the Admission Number for the year in question and whether agreement to
the transfer would be prejudicial to the provision of efficient education or the efficient use of
resources at the school.
Movement into a school’s catchment area does not guarantee a place at that particular
school. A form should be submitted and the relevant, admission authority will consider it by
reference to the above.
Parents seeking a transfer have the right of appeal against the decision of any Admission
Authority under the appeals procedure outlined in Section 10.
Children resident in Rotherham
Once your child is attending primary or secondary school you may decide that you wish him/
her to attend an alternative primary or secondary school. In such a case you may express a
preference(s) for a transfer of schools. You should obtain a form from your home authority to
request a transfer of school, which should be returned to the Admissions Team in your home
authority. You will be able to name up to three schools in the area of any Local Authority on
this form. Rotherham will forward a copy of the form to other named Admission Authorities
for consideration.

Children not resident in Rotherham

Patrents of children who are not resident in Rotherham but who wish to apply for a
Rotherham primary or secondary school should in the first instance contact their local
admissions authority for advice on how and where to submit their application.

Children in Public Care and Children Previously in Public Care

Where an application for a place in a community or controlled primary or secondary school
or the Academies and Trust Schools in Rotherham is made on behalf of a child in Public Care
or previously in Public Care, the preference will be complied with, provided that the school
is the catchment area/local school or, that it is the school deemed most appropriate by the
Authority for that child, as part of the child’s personal education plan. This will apply even if
the school is at or beyond its published admission number.
The admission will take place without delay and at no time shall admission be delayed
beyond the statutory twenty day time limit for a child in Public Care or previously in Public
Care to be out of school.
The only circumstances in which a child in Public Care or previously in Public Care would
Click for
Contents not be immediately admitted to the preferred school or catchment area school, is where
Page
the individual circumstances of the child are such that full time or mainstream provision is
deemed unsuitable by the authority.

1
 9 Section
Timing of admissions, including transfers
Following an admission meeting and agreed start date, attendance should be recorded from
this agreed date and guidance from the LA’s Education Welfare Service must be followed
thereafter.
It should be noted that all admissions, including transfers would normally take place at
the beginning of a school term. Until a transfer takes place it is expected that the child
will continue to attend his/her current school unless the following exceptions apply and
admission should instead be at the earliest opportunity:

where all parties agree that the transfer should take place earlier;
c hildren who are ill at the start of a term;
children who change residence and for whom their current school would not be easily
accessible; and
c hildren who are considered under the “Fair Access Protocol” will be admitted as quickly
as possible.

Children who have been Permanently Excluded from a School

Children who are permanently excluded from a school will be admitted to a new school
as soon as practicable, since they are prevented from returning to their original school.
Immediately the permanent exclusion has been upheld by the Discipline Committee of the
Governing Body the LA is required to make provision for the child to receive interim tuition.
The LA’s Authority’s Exclusions Officer liaises with parent(s)/carer(s) to enable them to
express preference(s) for alternative schools (see also Fair Access Protocol). The admission
of a permanently excluded child may take place at a school which has already reached its
admission limit for that child’s particular year group.
The admission of such a permanently excluded child will be allowed, over and above the
admission limit, because additional support may be offered through the re-integration
package developed for the child by the LA’s Reintegration Officer and other professionals
involved, in consultation with the school and family. This is considered a reasonable step and
will not, therefore, prejudice the provision of efficient education provided at the school.
Please note that the right of appeal, outlined below, does not apply in instances where a
child has been permanently excluded from two schools and where, at least one of those
exclusions took place after 1st September 1997. This applies to a twice excluded child for a
period of two years beginning with the date the last exclusion took place.

Fair Access Protocol

In response to the revised guidance contained within the Department for Education’s School
Admissions Code, February 2012, the Rotherham Local Admissions Forum has agreed the
following as the Fair Access Protocol for the Rotherham area. This updated Protocol was
agreed in March 2013 by the majority schools in Rotherham and replaces all previously
published versions.
The Local Admissions Forum recognises that some parents/carers can find difficulty in
Click for
Contents obtaining a school place for their child(ren) and that this can lead to an unnecessary delay in
Page
the admission to a school.
There is no duty for admissions authorities to comply with parental preference when
allocating places through the Fair Access Protocol.

2
 9 Section
The Protocol is designed to:
definitions below, are offered a place at a suitable school as quickly as possible;
ensure equitable distribution so that no school, including those with available places, is
asked to admit a disproportionate number of children or young people who have been
excluded from other schools, or who have challenging behaviour; and
work in the best interests of all Rotherham’s children and young people.
The Protocol will not be applied to a Looked After Child, a previously Looked After Child or a
child with a Statement of Special Educational Needs naming the school in question, as these
children must be admitted. Where infant class size legislation applies, Looked After Children
and Previously Looked After Children and children with a statement of SEN are considered to
be excepted pupils for the remainder of the infant Key Stage.

Definition of vulnerable children and young people (child(ren) is used throughout)

The majority of Rotherham’s schools have agreed that the following children set out below
are deemed to be vulnerable and/or hard to place.
Children attending PRUs who need to be reintegrated back into mainstream education
including children who have been permanently excluded
Children who have been out of education for longer than two months
Children whose parents have been unable to find them a place after moving to the area,
because of a shortage of places
Children of Gypsies, ROMA, Travellers, Refugees and Asylum seekers
Homeless children
Children with unsupportive family backgrounds, where a place has not been sought
Children who are carers
Children with special educational needs (but without a statement)
Children with disabilities or medical conditions
Children returning from the criminal justice system

Initial Consideration
For the majority of children, Consideration (1) will apply. However, no places will be offered
under Consideration (1) if the conditions made under Consideration (2), (3) and (4) apply.

Consideration (1)
Where an application is received and there is no place available within the Admission
Number at any of the preferred schools named on the Common Application Form, then a
place will be offered as follows:
If there is no vacant place in a particular year group within a reasonable travelling distance
as defined in the Council’s Education Transport Policy:

Click for
a) where the parent/carer has made 3 preferences, then a place will be offered at the
Contents
Page
catchment/nearest/most appropriate denominational school
b) where the parent/carer has made fewer than 3 preferences, a place will be offered at the
catchment/nearest/most appropriate denominational school

3
 9 Section
Consideration (2)
Where a Governing Body does not wish to admit a child with challenging behaviour outside
the normal admissions round, even though places are available, it must refer the case to the
Local Authority for action under the Fair Access Protocol.
This will normally only be appropriate where a school can evidence at the point of request
that it has a particularly high proportion of children with challenging behaviour and/or
previously excluded children and to admit the child would cause real prejudice to the efficient
education of other children and the efficient use of resources. Reference should be made to
the Admissions Code paragraphs 2.9 and 3.13.
Where agreement cannot be reached with the LA’s Admissions Team, the Fair Access
Panel will consider the balance of the case for the child and family in comparison to the
circumstances and issues facing the school. The Fair Access Panel must reach a decision and
must have a mandate to name a school.

Consideration (3)
Any places offered under this Protocol should not lead to the necessity for any school to
breach the Infant Class Size legislation. No place will, therefore, be offered which leads to an
Infant class size greater than 30, except where the following applies:
where there are no other schools that could provide suitable education within a
reasonable travelling distance of the child’s home address.
Any children falling within Consideration (3) would be classed as ‘excepted pupils’ under the
current regulations and a class greater than 30 would be allowed for the remainder of the
infant key stage. The LA will seek to ensure a fair distribution of excepted children.

Consideration (4)
Where a child has been permanently excluded from two or more schools and at least one of
the exclusions took place after 1st September 1997, parents can still express a preference for
a school place, but the requirement to comply is removed for a period of two years following
the latest exclusion. A permanent exclusion is regarded as taking effect from the first school
day the Head Teacher has informed the parent(s)/ carer (s) that the child must not attend
school. In such circumstances the LA will offer a place at a school it deems to be most
appropriate and, therefore, the Protocol will not apply.
However, this twice – excluded consideration will not apply to:
children who were below compulsory school age when excluded;
children who were re-instated following a permanent exclusion;
children who would have been re-instated following a permanent exclusion had it
been practicable to do so; and
children with statements of special educational needs.

Click for
Contents
Page