Children in care are increasingly being turned away by academies, a freedom of information investigation has revealed.

Ministers have been asked to intervene 72 times over the last three years to use their power to force academies to accept looked after children, with some schools repeatedly blocking enrolment. 

Official guidance states children in care should get top priority when it comes to schools admissions because they are vulnerable, with many having faced neglect, abuse or a chaotic home life. 

While local authorities can force a council-run school to accept children, academies have power over their admissions policy. However, education secretary Gavin Williamson can overrule them. 

Data released by the Department for Education to HuffPost UK shows the number of requests for an official government direction is climbing, with October last year marking the highest month on record, with five requests for intervention. In 2018, the minister was approached 23 times and in 2019 the figure rose to 27.

The call for assistance, which comes from a council via the Education and Skills Funding Agency, is usually a last resort as most disputes are resolved with a warning. 

Sam Turner, from the charity for children in care and young care leavers Become, described the news as “deeply concerning” and said some youngsters may miss a term or face long journeys to reach an alternative school.  

He added: “Many refusals won’t be challenged and won’t go as far as direct intervention by the secretary of state – how many more children are being affected by this open discrimination? 

“Care experienced young people are more likely to experience disruption to their education due to frequent changes in where they live – school can be the one stable and secure place in their lives that offers them structure and support.”

HuffPost UK reported on academies using the “legal loophole” in 2018 and the government has said ministers planned to launch a review of the school admissions code. 

Shadow education secretary Angela Rayner said: “It is now well over a year since this scandal was first exposed, yet these figures suggest it remains a persistent problem.

“We need to ensure that looked after children are prioritised and given the best possible education rather than fall victim to a rigged system.

“Ministers know that looked after children are among the most vulnerable in society, so it’s about time they stepped in and took decisive action.”

It comes amid much concern about a sharp rise in school exclusions and teachers “off-rolling” pupils. 

Off-rolling, which Ofsted has warned is on the rise, is described by the government as “the practice of removing a pupil from the school roll without using a permanent exclusion when the removal is primarily in the best interests of the school, rather than the the best interests of the pupil”.

Academies are schools in England which are state-funded but free from local authority control. They were legally established by Tony Blair’s Labour government in 2000 but massively expanded by the coalition after David Cameron won power in 2010. Almost all academies are secondary schools. 

Labour MP for South Shields, Emma Lewell-Buck, who is a former social worker, told HuffPost UK that government at “every level” had failed children in care.

“Far from tackling a care crisis of their making, the government are presiding over legislation that allows vulnerable children who need certainty and stability in their lives to be actively discriminated against,” she said.

“Repeated failure from various secretaries of state to strengthen the admissions criteria sends a clear message to children in care that they do not matter to this government.”  

A Department for Education spokesman said some requests were beset with delays, with headteachers pushing back on ministers’ direction. 

“It is vital that looked-after children have access to the best schools, which is why they have top priority in the admissions process,” he said.  

“This process has helped secure a good education for the vast majority of children – however we are aware of some delays which affect the system, which is why we will be launching a consultation on changing the school admissions code, particularly to improve in-year admissions of vulnerable children.”