Summary: Mrs B complained that the School considered the wrong test in deciding to refuse her application for delayed entry for her daughter, C to start school in reception in September 2026. Based on current evidence we have found fault and have asked the School to reconsider the application using the correct test.

The complaint

1. Mrs B complained that Kingsland C of E Primary School (the School) considered the wrong test in deciding to refuse her application for her daughter C, to start in Reception in September 2026. It has concentrated on the decision to defer (which is a decision for the parent to make) rather than which year group she should enter in September 2026. This has caused Mrs B frustration and uncertainty.

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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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Mrs B and the School as well as relevant law, policy and guidance.
5. Mrs B and the School had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Summer Born children

6. ‘Summer born children’ are children born between 1 April and 31 August. These children are not required to start school until the September following their fifth birthday. Ordinarily, they would then start school in year one with their ‘chronological year group’.
7. Parents can request their summer born children are admitted to a reception class in the September following their fifth birthday rather than year one. This means they are educated outside their normal age group.
8. Parents decide when their children start school. The admission authority decides whether they start in reception or year one.
9. The Government has issued guidance for admission authorities deciding which year group a child should be admitted to.
10. The admission authority must:

• make decisions in the best interests of the child; and
• take account of the child’s individual needs and abilities and consider whether these can best be met in reception or year one; and
• take account of the potential impact on the child of being admitted to year one without first having completed the reception year.

11. The guidance says, “In effect, this means that the authority is making a decision about whether it would be in the child’s best interest to miss the reception year.”
12. The guidance says it is reasonable to expect parents to provide information to support their request, but they are not expected to obtain professional evidence they do not already have.
13. Admission authorities must set out clearly the process for requesting admission outside the normal year group, including what information and evidence parents should provide and when. There is no prescribed process admission authorities must follow, although the guidance notes some authorities use decision making panels to consider requests, and some invite parents to attend panel meetings.
14. The admission authority must, however, give reasons for its decision.

What happened

15. Mrs B’s daughter, C is a summer born child. She reaches compulsory school age (the term after her fifth birthday) in September 2026. In January 2025 she applied to her local council (Herefordshire Council) for delayed entry for C. She said she and her husband had decided that C would not start reception in September 2025 but would start in September 2026. They also did not want her to miss out on the reception year so asked that she start at the School in reception in September 2026. Mrs B provided some medical information in support of the application.
16. As the School is voluntary-aided, the Governing Body is the admissions body. But councils are often involved in assisting schools with the admissions and appeals processes and in this case Herefordshire Council’s Delay Panel met on 26 February 2025 to consider the case. The Panel included the headteacher of the School and other Council officers.
17. The Panel concluded that there were no compelling reasons for C not to start reception in September 2025 with her age-related peers. Members felt that the benefits of her starting school outweighed Mrs B's concerns about her readiness for school. The School’s headteacher said that the greatest risk to C was missing out on the reception year.
18. The decision was then ratified by the School’s Governing Body on 6 March. The Governors concluded there was insufficient evidence or exceptional circumstances to support the application. They said reports indicated C was confident and had no developmental delay. They acknowledged the medical procedures but considered they were not significant enough to warrant delayed entry. They concluded it was in C’s best interests to start school with her year group. The School sent the decision to Mrs B on 7 March. It said there was no right of appeal against the decision, but Mrs B could make a complaint.
19. On 27 March Mrs B made a complaint. She said the decision had been made incorrectly with the wrong questions being answered. She said the Panel and the Governing Body had decided C should start school in September 2025 when that was a decision for C’s parents to make and they had decided she would start in September 2026. The Panel should have considered which year group it was in her best interests to join at that time: Reception or Year 1.
20. Mrs B pointed out that the guidance said the government believed it would be rare for an authority to refuse a parent’s request and it is rarely in a child’s best interests to miss a year of education by starting in Year 1 rather than Reception. The guidance also says that there do not need to be exceptional circumstances and the child does not need to have a medical need or special educational needs for it to be in their best interests to be admitted out of their normal year group.
21. The School met with Mrs B in April 2025, but after this meeting Mrs B reiterated her decision that C would not start school until September 2026, and she would decline the place recently offered for her to start in September 2025. She requested a written response to her complaint.
22. The School replied on 19 April. The School’s Complaints Committee had met and concluded that the admissions procedure had been correctly followed. It maintained its refusal of the application for C’s delayed admission.
23. Mrs B complained to us.

Findings

24. I agree that the School and the Council’s Delay Panel considered the wrong test in dealing with Mrs B’s application for her daughter to start reception a year late in September 2026. A child does not have to start school by law until the term after their fifth birthday and it is the parents’ decision when a child should start school. Mrs B has been clear that C will start school in September 2026.
25. Both the Panel and the School made a decision on the date C should start school rather than in which year group she should start in September 2026. This was fault which has caused Mrs B distress and uncertainty, as her request for delayed entry has not been properly considered in accordance with the law and statutory guidance.

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Action

26. In recognition of the injustice caused to Mrs B, I recommended that the School within one month of the date of my final decision, reconsiders Mrs B’s application for delayed entry for C to reception in September 2026; specifically it should decide whether it is in C’s best interests to start at the School in Year 1 or Reception in September 2026. It should then notify Mrs B promptly of its decision with its reasons.
27. The School has agreed to this recommendation and should provide us with evidence it has complied with the above actions.
28. Herefordshire Council has confirmed that as a result of a similar complaint at the end of last year it has changed its guidance for all future cases.

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Decision

29. I find fault causing injustice. The School has agreed actions to remedy injustice.

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Investigator's decision on behalf of the Ombudsman