Another letter for MP's for those that feel strongly about this:
Dear [MP]
Unfair Treatment of Summer-borns and their Parents?
I am concerned that the parents of summer-born children and of course those children themselves are being denied the same opportunities that other parents and their children take for granted.
There is a flagrant violation by admission authorities of both the spirit and the intention of the legislation that has been put in place in an effort to help parents and give them the right to choose.
Happily non-statutory guidance was published this summer by the Department for Education (DfE) and this goes someway to help dispel some myths and helps also to clarify the flexibility available to parents in the current School Admissions Code, namely sections 2.16 and 2.17. However this guidance does not address the key important underlying issues of discrimination within the current statutory admissions process.
‘Compulsory School Age’ can be found in Part 1, Chapter1, sub-section 8 of the Education Act 1996
"(2) A person begins to be of compulsory school age -
(a) when he attains the age of five, if he attains that age on a prescribed day, and
(b) otherwise at the beginning of the prescribed day next following that age."
A summer-born child entering reception in the September term after their fifth birthday is just that – Compulsory School Age.
The legal meaning of the term ‘reception class’ taken from section 142 of the School Standards and Framework Act 1998 is:
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age”.
Bearing this definition in mind therefore the ‘’discrimination’’ I refer to works like this. If a parent of a child of four years of age applies to have their child enter a Reception Class, i.e. before that child reaches Compulsory School Age, and in some cases a whole year before Compulsory School Age, they are not required to justify this ‘early’ application nor does their application need to be considered ‘‘based on the circumstances of the case”.
Summer-borns starting in ‘reception class’ AT Compulsory School Age sit firmly within both of the above definitions; more so in fact than any other pupil.
However a parent of a Summer Born child who wishes to elect to wait until their child is five, their legal right, before they enter Reception Class is required to jump through hoops.
Taken from the recently published guidance:
“Q7. If a parent wants their summer born child to be admitted to the reception class in the September following their fifth birthday, how should they go about arranging this?
A7. Parents should discuss this as soon as possible with the schools they are interested in applying for and the local authority. Parents should make it clear that they wish to apply for a reception place a year later than the year into which the child could have been admitted.”
Parents can express a preference for at least three schools, in some LEA’S it is more. The proposition in A7 suggests that a parent would have to enter into a dialogue with all possible preferences plus which ever type of admissions authority or even authorities are involved, be it LEA or Own Admission Authority; that’s a lot of possible routes to go down for a reception place.
School preferences are just that, they are not a choice, so parents could still come unstuck. Too much burden is placed on parents to accomplish a reception start AT Compulsory School Age before they have even started the application process.
No other parent has to go to these lengths. This is discriminatory, it is wholly unjust.
Also the parent of the child entering Reception Class before compulsory school age has the right of appeal. A parent of a Summer Born child who elects to wait the extra period until their child reaches five does not have the right of appeal if they are then not offered a place in the year group of their choice.
Again, this is discriminatory.
This is just one problem faced by some parents of Summer Born children which is often exacerbated, deliberately in many instances, by the admissions arrangements drafted and issued by many Local Authorities and Own Admission Authorities.
Taken together these factors demonstrate that the reality out there is discriminatory behaviour against parental choice when all the while the ‘’message’’ being trumpeted is ‘’more choice for parents’’
Early Day Motion 213 tabled in June and debated in the House of Commons on 4th September 2013 addressed some of these issues.
During this debate, Elizabeth Truss, the Parliamentary Under-Secretary of State for Education stated:
“I know that the hon. Member for Mid Dorset and North Poole may seek a change to the statutory admissions policy itself, but I think that we should look at what the impact of this new advice is.”
The current statutory admissions policy does not make absolutely clear the legal meaning of ‘Reception Class’. Footnote 12 regarding ‘Relevant Age Group’ references Section 142 if the SSFA 1998 and ‘Reception Class’ is defined in the glossary only.
Without a change to the statutory admissions policy itself, parents of Summer Born children wishing to delay their child’s entry to reception at compulsory school age are discriminated against and not accorded the same rights as parents entering their children below compulsory school age.
Elizabeth Truss also stated:
“Such decisions are best made at a local level. We have been clear with local authorities about where their responsibilities lie, and about the fact that we want to see them being flexible and giving the parents the choice for their five-year-old child joining reception or year 1. Having too much central guidance the other way would be wrong. What we need to do is ensure that local authorities are absolutely aware of their responsibilities.”
I would ask ‘’why does this need to be a ‘’decision’’ made by a Local Authority?’’ It should be the default right of any parent to delay entry into Reception Class after they reach five unless they choose to send that child earlier. Local Authorities may or may not wish parents to support such an early application with additional evidence or justification and it is here that the ‘’flexibility’’ should apply.
As things stand the notion that flexibility and parental choice are intrinsic and mutually supportive facets in the school admissions ‘’system’’ is a fallacy. In reality parents do not have a real choice, it is a false choice. Parents of Summer Born children still have to give a reason for taking up their legal right to delay their child’s entry to Reception Class until their child reaches Compulsory School Age despite the legal meaning of both these terms being on their side. To make matters worse they also lose their right of appeal if the decision made, by the so-called ‘’flexible’’ Local Authority, is against their wishes. Without a change to the statutory admissions policy itself enshrining a parent’s right to have their child enter Reception Class at age five as the default position, the situation remains prejudiced.
The only way to ensure real choice and equality is by amending the School Admissions Code so that entry to Reception Class after the child reaches Compulsory School Age is the default position. This will ensure that:
•it is clear that parents of Summer Born children can apply for a school place as part of the normal admissions round and be confident of a place in Reception Class in the term after their child reaches the age of five; and
•there is no need for parents of Summer Born children to worry about having no appeal if a Local Authority refuses their request for Reception Year place; and
•Parents who wish to enter their child in Reception Class the year before they reach Compulsory School Age will have the ability to apply to do so and the Local Authority will need to make it easy for them to be accommodated with no fear of losing rights of appeal and the like.
In short, the current statutory admissions policy does not accord all parents the same rights. It is discrimination wrapped up in legislation.
I would be grateful if you could raise the issues I have detailed above, surrounding Summer Born children and their parents and the discrimination and inequitable processes they have to deal with just to take up their statutory rights, with Elizabeth Truss, the Parliamentary Under-Secretary of State for Education.
Yours sincerely
[name]
[Address]
[contact tel. No.]