Summary: The Council did not provide clear information to Ms B about how to apply for her daughter to start school early, before she was four years old. The Council also misplaced Ms B’s first application, and when she applied again, it failed to obtain and consider the headteacher’s views before deciding to refuse the application. The Council has agreed to apologise, reconsider Ms B’s application and review the information it provides to parents about the process.

The complaint

1. Ms B complains about the Council’s decision to refuse her application for her daughter to start school a year early. She says the Council failed to properly consider her daughter’s circumstances and the application process was not clear.

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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 cannot question whether a Council’s decision is right or wrong simply because the complainant disagrees with it. We must consider if there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended
3. 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

4. I have:
• considered the complaint and the documents provided by the complainant;
• discussed the issues with the complainant;
• made enquiries of the Council and considered the comments and documents the Council has provided; and
• given the Council and the complainant the opportunity to comment on my draft decision.

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What I found

School admissions for children outside of normal age group

5. The School Admissions Code (the Code) requires school admission authorities to provide for the admission of all children in the September following their fourth birthday.
6. The Code also allows parents to seek a place for their child outside of their normal age group. Admission authorities must explain the process for requesting a place outside the normal age group in their admission arrangements.
7. Admission authorities must make decisions on the basis of the circumstances of each case and in the best interests of the child concerned. They must consider the view of the child’s parents, information about the child’s academic, social and emotional development, whether they have previously been educated out of their normal age group and the views of the head teacher at the school. They must write to the parents setting out clearly the reasons for their decision.
8. The Council’s admissions policy sets out the process for applying for advanced entry and the supporting evidence it requires.

What happened

9. Ms B has two children, a son aged 6 years old and a daughter aged 3 years old.
10. In January 2020, Ms B applied for advanced entry for her daughter to start primary school in September 2020, a few weeks before she turns four. Ms B provided a statement to support her application and a form completed by a community midwife about her daughter’s development.
11. In April 2020, Ms B discovered that the Council’s admissions team had not received her application. She completed a fresh application which she sent to the Council with a copy of the supporting statement and form.
12. Ms B’s application was considered by the Council’s medical and social panel. It decided to decline Ms B’s request because it did not consider there were any clear medical or social reasons for early entry.
13. Ms B complains that the panel did not properly consider her daughter’s circumstances. She believes its decision will impact negatively on her daughter’s development and relationships. Ms B would like the application to be reconsidered and for her daughter to be granted a place at the same school as her older brother.

Analysis

14. The Council’s admissions policy provides information about requests for advanced entry. It says:

“Such requests must be accompanied by professional supporting documentation and this needs to state that it is in the child’s best interests to be start school a year ahead. It will have to include that the child is ready to start school early, academically, emotionally and physically.”

15. I am satisfied that the Council’s admissions policy explains what information parents should provide to support their application. However, the application form Ms B was told to complete did not direct applicants to its admissions policy; it directed applicants to read the booklet, ‘Starting Primary School in Lambeth’. This document does not clearly explain what supporting evidence advanced entry applicants should provide.
16. I consider the application form should clearly tell parents what information they need to provide to support their application for advanced entry, or alternatively it should direct them to where this information can be found. If this had been included, I consider it likely that Ms B would have provided additional supporting evidence.
17. The school admissions code says that admissions authorities must consider the views of the headteacher when deciding whether to offer a school place outside of the child’s normal age group. The Council sought the headteacher’s views on the same day that the case was considered by the panel, on 12 May. After the Council chased the school for a response on 4 June, the school told the Council that it did not have a headteacher but would discuss the matter with its deputy headteacher. The school then contacted the Council on 15 June to ask if it had received a response. On 19 June, before replying to the school’s email, the Council declined Ms B’s request for advanced entry.
18. The school admissions code clearly states that the headteacher’s views must be considered. While I recognise that the Council did try to get the headteacher’s views, I consider it should have done more to ensure it obtained them before the case was considered by the panel. It did not do so; this was fault.
19. The evidence shows that Ms B originally submitted her application on 15 January 2020, but it was misplaced by the Council. This was fault. As a result, Ms B was put to avoidable time and trouble submitting another application and she endured an additional two months of worry while she was waiting for the Council’s decision.

Agreed action

20. The Council will complete the following actions within four weeks of my final decision:
• Apologise to Ms B for the failings identified in this case
• Give Ms B the opportunity to provide further evidence to support her application for advanced entry
• Obtain the headteacher’s (or acting headteacher’s) views on the application
• Reconsider Ms B’s application.
21. If the panel decides to grant Ms B’s application for advanced entry, it will treat the application as though it had been made on time.
22. Within eight weeks of my final decision, the Council will review the information it provides to parents wishing to apply for advanced entry. It will ensure they are clearly told which forms they need to complete and what information they need to provide to support their application.

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Final decision

23. I have completed my investigation and uphold Ms B’s complaint. There was fault by the Council which caused injustice. The action the Council has agreed to take is sufficient to remedy that injustice.

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Investigator's decision on behalf of the Ombudsman