Summer born admissions: Legal Q&A

Coram Children's Legal Centre
Friday, May 3, 2019

What is summer born admission?

Children born between 1 April and 31 August are referred to as "summer-born children" for the purposes of school admission. Children ordinarily start school full-time in the September following their fourth birthday but a child does not reach compulsory school age until the "prescribed day" following their fifth birthday. Parents of summer-born children may be concerned that their child is not ready to start school and can request to defer their child's entry to school by a whole year until they reach compulsory school age and be admitted to reception rather than year 1 with their chronological peers. The law provides the right to apply for reception deferment but does not guarantee that it will be granted.

What reasons will be considered for deferment?

Paragraph 2.17A of the of the School Admissions Code requires that, in any circumstance where a parent requests their child is admitted outside of their normal age group, the admission authority must make a decision on the basis of the circumstances of the case and in the best interests of the child concerned. This incorporates parents' views; head teachers' views; the child's social, academic and emotional development; medical history and special educational needs.

What happens once a decision is made?

If the request is agreed, the parent must re-apply to that school for a reception place the following year under the normal admissions round - there is no guarantee that the child will get a place. If the local authority is unable to offer any of the preferred schools, they will endeavour to allocate a reception place at the nearest with a vacancy that is willing to accommodate a child requesting a place out of normal year group. The child may be required to enter year 1 directly and skip reception if the local authority is unable facilitate a deferred entry to an alternative school.

If the request is refused, the parent will need to decide either to accept the offer of a place for the normal age group or refuse the offer of a place in reception and make an in-year application for admission to year 1 for the September following the child's fifth birthday.

There is no right of appeal if the child has been offered a place but it is not the year group which the parent would like, although a complaint can be lodged with the admission authority.

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