Q:

Is it legally possible to defer reception entry for a child who is NOT summer-born but does have exceptional circumstances that would justify being educated out of her age appropriate year group?

I have requested that my daughter be able to start reception a year late, there are lots of reasons for this (impact of extreme prematurity etc etc). I have found a school that will agree to it (if the LA also agree), but I had a call from LA this week to say that legally only summer-born children can do this. Reflecting on it later, I thought it strange that it was even presented as an option in the guidance and that schools had been willing to engage in conversations about the possibility of deferral (are they not aware of the law concerning this?) The LA said that they agree that she should be able to defer entry but legally their hands are tied. Is this correct? If so, is there anyway around it?

LH

LUCY HIORNS
Parent
24 Jan 2025

A: SenseCheck

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  • 26 Jan 2025
  • Yes

    Other

    Dear Ms Hiorns,

    It is possible, but the factors are the circumstances of the child and their best interests. 

    According to guidance from the Department for Education (GOV.UK), in England, it is customary for children to commence full-time education in the September following their fourth birthday, entering what is known as the Reception year. However, compulsory school age is defined as the term after a child's fifth birthday. This means that while many children start school at age four, it is lawful for a child to begin school later, provided they are enrolled by the time they reach compulsory school age.

    Compulsory School Age

    A child reaches compulsory school age at the beginning of the term following their fifth birthday. The key dates are 31 December, 31 March, and 31 August. For example, if a child turns five on 15 February, they must start school at the beginning of the summer term in April. This framework allows parents some flexibility in deciding when their child should start school, especially if they feel their child is not ready at age four.

    Importantly, the guidance also addresses children born prematurely:

    Children Born Prematurely

    A child is considered premature if born before 37 weeks of gestation. Some children born prematurely may experience delayed social, emotional, physical, or intellectual development and may have health problems associated with their prematurity. If your child was born prematurely and you are considering delaying their school start, it is advisable to discuss the options with their specialists. If, as a consequence of being born before their due date, your child falls into a different school year than if they had been born at full term, admission authorities should take into account the school year into which the child would have fallen if born at full term when considering the circumstances of the case. Bliss, the Charity for babies born prematurely or sick, has information about starting primary school for parents of children born prematurely.”

    I trust this information is helpful.

    Additionally, does your daughter has an Education, Health and Care Plan (EHCP)? If not, is this something you are considering?

    Sean Kennedy

     

    Sean Kennedy

    Sean Kennedy
    Talem Law