Legal Q&A: Changes to school admissions

I have heard that there have been changes to school admissions and that a child must now be offered a place from the age of four. Does a child have to be sent to school at this age?

From September 2011, the admission authorities for primary schools must offer a place to all children in the September following their fourth birthday. These arrangements do not apply to a child seeking a nursery place, even if the child attends a nursery on the same site as the school.

Although a child must be offered a place from the start of the school year, a parent can request that the start date for admission be deferred until later in the school year or until the child reaches compulsory school age (but not for a whole academic year). Where the child’s entry is deferred, the admissions authority must hold that child’s place. Parents can also request that their child attends part-time until the child reaches compulsory school age.

It is important to note that admission to the nursery provision of a school does not guarantee a place in its reception class. If a parent wishes a child to be offered a place in the school’s reception class, a fresh application must be made within the set timescales.

A parent is not obliged to ensure that their child receives an education until the child reaches compulsory school age (i.e. on 1 January, 1 April or 1 September following their fifth birthday).