Children born between 1 September and 31 March, have a legal right to defer admission to reception to the start of the term after the 5th birthday (that’s January or Easter).
Summer-born children (born from 1 April to 31 August) can also defer until January or Easter or to the next September with a fresh application for year 1 or for delayed admission to reception.
What is the legal position now?
All parents can defer admission until the start of term after the 5th birthday. Deferral during a reception year is a parental right, arranged after a place is offered. Offers are held open if you are informed. Offers can’t be held open past Easter and will be withdrawn if not taken up. Parents must then reapply in-year for year 1 which may already be full or at a key stage one class limit.
If a child is summer-born, a parent can request delayed admission to reception for the following September but a place can’t be held open to the next academic year. The decision rests with the admission authority for the school.
There are two stages to delayed admission: (1) request agreement in writing to Admissions ideally by March, at least before the end of the June before your child could join reception, and if it is agreed (2) formally apply for admission in the next academic year.
Agreements and refusals for delayed admission are both lawful responses to parents. Refusals must be reasoned and on individual circumstances.
What’s the position in Devon?
Devon has decided that requests for delayed admission for 2018/19 and 2019/20 to community and voluntary controlled schools will be considered on a case-by-case basis, according to the School Admissions Code. Your view as the headteacher will be crucial to the decision.
If agreed, the parent must apply in the next intake to reception – applications will be considered as if the child were of the ‘correct’ age for the next intake.
We provide a form for parents to set out their reasons for delayed admission and another for you to give your views. There is no requirement for professional evidence in support of a request, it can simply be parental preference.
Might it change?
If the government amends the School Admissions Code so that delayed admission becomes a right for summer-born children, admission arrangements would have to be amended to make this clear.
There are no plans in Devon to respond to every request for delayed admission with a blanket agreement.
What about other admission authorities?
We encourage own admission authority schools (OAA) to have the same approach. It was discussed at SOCA and agreed by representatives from DAPH, DASH and DAG. Nevertheless, decisions remain with OAA schools.
What if we don’t agree it is in the child’s best interests?
There are a number of reasons why a school might have refused requests and might still be inclined to refuse, for example:
- children mature at different rates at different times and it can be challenging for a child to move back up a year group
- the EYFS curriculum is the same in nursery as it is in reception
- schools are very experienced in meeting individual need in reception
- children can be upset if they feel they have been held back from moving up with their friends
- funding arrangements will need to be changed at the end of further education
- children are still able to leave school at 16 even if they are a year behind and haven’t completed KS4
However, despite these and other disadvantages and the detail will be important, it is highly likely that it will soon become law for summer-borns to have the right to choose their year group. Effectively cohorts will overlap and will run from 1 April to 31 August in the next year. It would be more confusing to have a mixed economy and for some schools to delay implementation of the government’s approach. The LA’s advice is act on the School Minister’s initiative in good faith for any requests received with immediate effect.
Please complete the following delayed admission form to respond to a request for delayed admission to reception for summer-born children.
Return the form to admissions@devon.gov.uk or post to The Schools Admissions Team, Room L60, County Hall, Exeter EX2 4QG.