The Ombudsman's final decision
Summary: there is no fault in the Council’s decision to refuse Ms M’s request for deferred entry to Reception for her daughter. The Ombudsman cannot question decisions made without fault.
The complaint
Ms M complains the Council refused her request for deferred entry to reception for her daughter, G, when she starts school in September 2023.
The Ombudsman’s role and powers
We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. (Local Government Act 1974, section 34(3), as amended) 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(i), as amended)
How I considered this complaint
I have considered information provided by Ms M and the Council, including the Council’s response to Ms M’s complaint, and information provided by Ms M.
What I found
Ms M's daughter, G, is a summer born child.
Ms M decided G will not start school until she reaches compulsory school age in September 2023, the September following her fifth birthday.
She asked the Council to agree to admit G to Reception rather than Year 1.
The admission of summer born children All children are entitled to a full-time school place from the September following their fourth birthday.
‘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 1.
Parents can request their summer born children are admitted to a reception class in the September following their fifth birthday rather than Year 1. This means they are educated outside their normal age group.
Parents decide when their children start school. The admission authority (in this case, the Council) decides whether they start in reception or year 1.
The Government and the Ombudsman have issued guidance to admission authorities when deciding which year group a child should be admitted to. (Advice on the admission of summer born children for local authorities and school admission authorities issued by the Department for Education in September 2020 and Summer born admissions: Guidance for practitioners issued by the Ombudsman in December 2018) The admission authority must take account of the child’s individual needs and abilities and consider whether these can best be met in reception or year one. The admission authority must also take account of the potential impact on the child of being admitted to year one without first having completed the reception year.
Consideration Ms M has decided G will not start school until September 2023. This is entirely her decision to make.
The Ombudsman does not decide whether G should be admitted to Reception or Year 1 when she starts school on September 2023. This is the admission authority’s job. The Council is the admission authority for maintained schools in the area.
The Council asked the headteacher of Ms M’s preferred school to consider her request for deferred entry to Reception. The headteacher did not agree. Ms M was unhappy with the decision. An officer suggested she complain directly to the school since there is no right of appeal against the decision. Ms M complained to the school, but the school did not uphold her complaint.
Ms M remained dissatisfied and complained to the Council. The Council responded to her complaint on 1 September, the day after Ms M complained to the Ombudsman.
The Council’s response: acknowledges that Ms M, not the Council, decides when G will start school; explains the Government’s guidance for deferred entry to reception; sets out the advice received from G’s nursery and the views of Ms M’s preferred school; explains how the Council considered this advice; and explains the Council’s decision to refuse Ms M’s request: G is a bright girl who is already academically advanced for her age and the Council is concerned she will be bored if she joins a Reception class in September 2023 having already spent an additional year in nursery. The Council considers it will be in G’s best interests to start school in Year 1 if Ms M decides she will not start until September 2023.
The Council said those consulted believed it would be in G’s best interests to start school in 2022, although it acknowledged it was for Ms M to decide.
The Council explained that some schools are academies which are their own admission authorities and Ms M should apply directly to these schools.
Consideration Ms M’s request for her daughter’s deferred entry to Reception does not appear to have gone entirely smoothly. There appears to have been some confusion about who was responsible for the decision and, while I am sure the suggestion was well-meant, I do not think it was necessary to recommended Ms M use the school’s complaints process to challenge the decision in the circumstances. I acknowledge this caused Ms M considerable frustration and distress. I have not investigated these matters, but I understand the Council has reflected and learnt from Ms M’s experience. I welcome the Council’s willingness to improve.
The Council’s response to Ms M’s complaint satisfies me the Council properly considered her request. The Council has followed Government guidance, consulted relevant parties and taken account of their advice. There is no fault in the Council’s decision. The Ombudsman cannot question decisions taken without fault, no matter how strongly Ms M disagrees.
Final decision
I have ended my investigation. There is no fault in the Council’s decision to refuse Ms M’s request for deferred entry to Reception for her daughter.
Investigator's decision on behalf of the Ombudsman