Summary: Ms X complains the Council did not properly consider her request for her summer born son to delay starting school into Reception until after he reaches compulsory school age. She says the Council has not explained how entry into Year 1 in September 2020 would be in his best interest. The Ombudsman finds fault with the Council’s decision-making process. The Council has agreed to apologise and remake its decision.

The complaint

1. Ms X complains the Council did not properly consider her request for her summer born son, Z, to delay starting school into Reception until after he reaches compulsory school age. She says the Council has not explained how entry into Year 1 in September 2020 would be in his best interest. She also says the Council has not considered the views of the headteacher.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
4. We may investigate matters coming to our attention during an investigation, if we consider that a member of the public who has not complained may have suffered an injustice as a result. (Local Government Act 1974, section 26D and 34E, as amended)
5. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

6. I spoke with Ms X and considered the information she provided.
7. I considered the information provided by the Council.
8. I sent a draft decision to Ms X and the Council and considered their comments.

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What I found

9. The parents of a summer born child may choose not to send their child to school until the September following their fifth birthday. Parents can also ask the school admissions authority to agree to admit their child to Reception year, rather than Year 1, at age five.
10. A parent cannot insist the authority admit their child to a particular year group. But, upon a parent’s request “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.”
11. The School Admissions Code sets out the matters the authority should take into account when making a decision. This will include taking account of:

• the parent’s views;
• information about the child’s academic, social and emotional development;
• where relevant, their medical history and the views of a medical professional;
• whether they have previously been educated out of their normal age group;
• whether they may naturally have fallen into a lower age group if it were not for being born prematurely;
• the views of the head teacher of the school concerned.

12. When telling a parent of their decision, admission authorities must set out clearly the reasons for their decision.

Government guidance

13. The Department for Education has produced non-statutory guidance on this issue, ‘Advice on the Admission of Summer Born Children’. The Ombudsman expects councils to follow this guidance or evidence why they have chosen to depart from it.
14. The guidance says admission authorities must make decisions based on individual needs and abilities, and consider whether these can be best met by the child starting school in Reception or Year 1. They should also take account of the potential impact on the child of being admitted into Year 1 without first having completed the Reception year.
15. To make that decision the guidance says: “It is reasonable for admission authorities to expect parents or guardians to provide them with information in support of their request – since without it they are unlikely to be able to make a decision on the basis of the circumstances of the case.”
16. The guidance says that in general, children should be educated in their normal age group and only outside of their usual age group in very limited circumstances. However, it goes on to say parental requests for summer-born children are different from any other request for admission out of the usual age group. Parents should be confident that, if they decide to defer school entry, the decision about the year group they should be admitted to at that point will be made in the child’s best interests.

Ministerial statement

17. The Minister of State for Schools issued a statement in 2015, setting out his intention to amend the School Admissions Code so that summer born children could automatically be admitted to Reception at age five where parents want this. The Minister has since reconfirmed his commitment to making the change when Parliamentary time allows. However, as this has not yet happened, it cannot form part of the Ombudsman’s considerations. The existing school admissions code and non-statutory guidance therefore continue to apply, and these documents will form the basis for the Ombudsman’s decision making.

What happened

18. Ms X applied for delayed entry into Reception for her son, Z. Ms X explained she did not feel Z had the maturity to deal with going into Reception in September 2019. Ms X highlighted that it was her view that if Z went to school in September 2019, he would struggle academically, socially and emotionally.
19. In May 2019, the Council rejected Ms X’s application. In its decision, the Council said it did not agree to the request because there was nothing in the application which raised a concern about Z’s development or ability, and because schools have experience with a range of pupils’ social needs and abilities.
20. Ms X made a complaint about the Council’s decision as she did not feel the Council has explained why it was in Z’s best interest to miss Reception year and go straight into Year 1 when he starts school in September 2020.
21. The Council responded to the complaint in June 2019. The Council said it was in Z’s best interest to start in Reception in September 2019 and not for him to start in Year 1 in September 2020 having missed the Reception year in 2019/2020, or for him to start Reception in September 2020
22. Ms X escalated her complaint and asked the Council to respond at stage two. Ms X again highlighted that the Council had not addressed the correct question as it made its decision based on which year (2019 or 2020) it was in Z’s best interest to enter. Ms X asked the Council to decide which year group was in Z’s best interest to enter when he starts school in September 2020.
23. In July 2019, Ms X contacted the headteacher of the school she wanted Z to attend. She asked the headteacher to set out her view about whether it was in Z’s best interest to start in Reception or Year 1 when he starts school in September 2020. The headteacher responded and confirmed she would want a child to start in Reception to ensure they get the best start to education at the school. Ms X provided the Council with this further information before it had responded to her stage two complaint.
24. The Council responded to Ms X’s stage two complaint in July 2019. The Council said it could not consider the observation from Ms X that Z was immature for his age because children develop differently. The Council also said it consulted with the headteacher of the school and she was of the view Z should start in school in September 2019. The Council again reiterated its view that Z could start school in September 2019 rather than September 2020. The Council said it did not take the view that it would be detrimental for Z to enter Year 1 in September 2020.

Analysis

25. Parents of summer born children can ask for their child to start school at age five in Reception. However, a council does not have to automatically agree to the request. The council must decide if, after reaching compulsory school age, it would be in the child’s best interest to start in Reception or Year 1. The council must make this decision taking account all relevant considerations.
26. The Council set out its view that it was in the best interest of Z to start in Reception in September 2019. This does not answer the relevant question. What the Council has considered here is whether it is in A’s best interest to start Reception in September 2019 or 2020. However, the question the Council must consider is whether it would be in the best interest of Z to start in Reception or Year 1 in September 2020.
27. The Council also said it was not detrimental for Z to start in Year 1 in September 2020. However, ‘detrimental’ and ‘best interest’ are not the same. It may not be detrimental for Z to start in Year 1, but this does not necessarily mean it is in his best interest. The Council has not explained why it is in Z’s best interest to start in Year 1 in September 2020.
28. Therefore, I find fault with the Council’s decision making. I find the fault identified caused Ms X an injustice because she has been left uncertain as to whether the Council would have agreed to her request had it followed the correct decision-making process.

Agreed action

29. To remedy the injustice caused by the faults identified, the Council has agreed to complete the following.

• Apologise to Ms X for failing to follow the correct decision-making process.
• Reconsider Ms X’s application for delayed entry, ensuring the decision is made in line with the school admissions code and government guidance.

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Final decision

30. I find fault with the Council’s decision-making process. The Council has agreed to my recommendations. Therefore, I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman