By email

17June 2015

Dear Ms Dutton

Request for information under the Freedom of Information Act 2000 Reference: 2015/0023276

Thank you for your request for information, which was received on 20May 2015. You requested the following:

  • a list of meetings and any minutes from those meetings that have taken place between the department and the school admissions stakeholder group, where the admission of summer born children has been discussed in 2012, 2013, 2014 and so far in 2015. Particularly with regards to how the revised Admissions Code is being implemented in relation to summer born admissions.

I have dealt with your request under the Freedom of Information Act 2000. A copy of the information requested is attached at Annex A.

You will note that some names of officials and third parties have been redacted. We are unable to release the names ofstaff below Senior Civil Servants and other third party officials under section 40(2)of the Act, as staff at grades below the SCS and who do not have a public-facing role, are exempt from disclosure on the grounds that release of the informationwould breach one of more of the principles of the Data Protection Act 1998. This exemption is 'absolute' in these circumstances, which means that it is not necessary for theDepartment to run a test to balance the public interest in release against that in withholding the information.

The information supplied to you continues to be protected by copyright. You are free to use it for your own purposes, including for private study and non-commercial research, and for any other purpose authorised by an exception in current copyright law. Documents can be also used in the UK without requiring permission for the purposes of news reporting. Any other re-use, for example commercial publication, would require the permission of the copyright holder.

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If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

If you are unhappy with the way your request has been handled, you may wish to make a complaint to the department by writing to me within two calendar months of the date of this letter. Your complaint will be considered by an independent review panel, who were not involved in the original consideration of your request.

If you are not content with the outcome of your complaint to the department, you may then contact the Information Commissioner’s Office.

Thank you for writing on this important matter.

Yours sincerely

Taslima Miah

School Organisation and Admissions Division

Annex A

ADMISSIONS FRAMEWORK STEERING GROUP: NOTE OF MEETING

1-00pm-3.00pm Thursday, 25th October August 2012

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

Action Points from previous meeting

The Group was encouraged to continue to notify DfE of ongoing problems or issues with the Code, as well as any examples of good practice. [DfE Official] noted that there were increasing cases in relation to summer born children and deferred entry. XXX agreed to share emails with [DfE Official] regarding problems arising with summer born children and deferrals.

All: to send in any problems encountered with the Code and examples of good practice.

ADMISSIONS FRAMEWORK STEERING GROUP: NOTE OF MEETING

11.00 am - 1-00pm Tuesday, 30th April 2013

Room 1.01, Sanctuary Buildings, London

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

Summer born Children

[DfE Official] informed the Group that DfE was seeing a growing campaign around summer born and premature children. Some parents have faced opposition from local authorities and admissions authorities when trying to arrange for a deferred school start for their child. He invited the Group to say if they saw this as a problem.

Infant Class Size limit meant that schools were already full.

Poor attainment of premature children – particularly with boys.

The issue was more prevalent in urban areas where oversubscription was a problem.

Educating children outside their year group was a particular problem for children when transferring to secondary school.

Some authorities did not see this as a problem that they have had to address.

Action points

XXX: to share with DfE the advice his legal team have provided on deferred entry.

XXX: to also share with DfE and the Group her legal advice on summer born/deferred entry.

ADMISSIONS FRAMEWORK STEERING GROUP – NOTE OF MEETING

Friday 12th July 2013 11.00am- 1.00pm

St. George’s Meeting Room, Catholic Education Centre, 39, Ecclestone Square, London, SW1V 1BX

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

4. Summerborn Q & A

[DfE Official] presented the Summer born Q and A to the Group. The main points arising from the discussion are below:

  • There was a call from the group for DfE to clarify its policy position on deferred entry.
  • Parents need to be informed that there is no guarantee that they will be accepted outside their year group when moving from primary to secondary school.
  • A concern was expressed that there could be a maladministration case brought against an admission authority if a child is given a place outside their chronological year group at the expense of another child.
  • There is often confusion between ‘back-classing’ and deferred entry.
  • Concern was expressed by the Group about possible knock on effects for secondary schools in terms of performance tables, GCSEs etc. if a child is educated out of year.

Action Points:

DfE: To confirm that the latest version of the Q and A was circulated to the group. DfE: to circulate the Department’s policy position on deferred entry.

DfE: to circulate a link to the Q and A when it is published.

DfE; to investigate whether there would be any effects on performance tables/GCSE results if a child is educated outside ‘normal’ age group.

DfE: to look at whether an admissions authority would be at risk of a maladministration case brought against them if a child did not get a place at the expense of another child being taught outside their year group.

ADMISSIONS GROUP – NOTE OF MEETING

Friday 24 January 2014 11.00am-1.00pm

DfE Offices, Rm LG.03 & LG.04, Sanctuary Buildings, London

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

5. Admission of summer born children

[DfE Official] led a discussion on issues surrounding the admission of summer born children, following the publication of the Departmental advice in July 2013. She noted that the large volume of correspondence received on the issue indicated that there was a certain amount of misconceptions and mixed messages regarding the advice, notably that some parents were interpreting the advice to mean they had an automatic entitlement to have their child educated in the lower year group, which is not the case.

The main points of the discussion were:

  • Generally, members of the group reported that they had low numbers of cases in their areas (2-8) and that many parents of summer born children chose to defer entry to later in the academic year rather than delay entry.
  • The message of the advice – the need to consider requests based on the circumstances of the case – was generally accepted by LAs; however there was concern that some parents were taking a different message from the advice and were of the view that they had an absolute right to have their child placed in a lower year group. There was also concern that subsequent advice from the Department (for example in correspondence) was going beyond the position set out in the advice and was reinforcing this belief.
  • Some in the Group expressed concern that the advice placed too much emphasis on the wishes of parents being the primary factor that admission authorities should take into account when considering a case.
  • The purpose of the advice was to remind admission authorities of the duty to consider requests, and to challenge misconceptions which it was clear were hindering these decisions. The Department is predominantly interested in those instances where the admission authority is refusing to consider requests.
  • The Department cannot commit to revising the advice at present; however, there is a need for the Department to understand what is happening on a local level on this issue to inform future work. The Group were asked to help by advising the Department of the volume of cases in their areas and the issues involved. The Department will ensure that the messages given to parents in correspondence are consistent with the intention of the guidance.
  • There is a need for co-operation between all parties involved (admission authority, LA, parents, prospective school) when considering a request. Parents are encouraged to talk to schools about their child’s entry into reception, as this can reassure parents about their child’s needs and their readiness to start school. The Group asked for clarification on whether a child educated outside their age group would be counted in league tables, especially at KS4; and whether a school would still receive funding for a child if their place was deferred until April.
  • XXX and XXX offered to share the guidance they had drafted for admission authorities in their areas with the Group.

Action Points:

All: to email DfE by 30 June with any further details of the number of cases in your LA, examples of where it has/hasn’t worked well, and details of the issues involved which might affect the decisions being made.

DfE: to clarify whether children educated outside their normal age group will be included in league tables for KS2 and KS4.

DfE: to clarify whether schools will still receive funding for a child who defers entry until April of Reception year.

XXX/XXX: to share with the Group their papers on the admission of summer born children.

Admissions Group Meeting

Friday 19 September 2014 11.00am - 1.00pm

Room 2.15, DfE Offices, Sanctuary Buildings, London SW1P 3BT

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

Summer born children

[DfE Official] presented to the Group the main issues surrounding summer born children that have come out from the consultation responses so far. The main points were:

  • The vast majority of respondents (most are parents so far) are calling for the Code to go further. Most want parents to have the final say in whether their child is admitted to year one or reception at age 5. Some suggested only the parents of those children born after 31 May should have the choice, and some suggested that only the parents of premature children should have this choice. Some called for parents to have the right of appeal about decisions on year group.

The main points arising from the discussion were:

  • The Group did not agree that parents should have the right to choose to place their summer born child in reception rather than year 1. Some Group members welcomed the new requirement for the head teacher to be involved in the decision.
  • The Group raised concerns that allowing parents of summer born children to apply for a place in reception at age 4, as well as being able to request a reception place at age 5, gives the parent two chances of getting into their preferred school, whilst other parents only have one chance. XXX outlined a process which would avoid this by requiring all parents to apply for reception at age 4, but then enable them to request admission out of the normal year group once they had been offered a place, and guarantee them a reception place at that school for the following year should their request be agreed.

Admissions Group Meeting

Friday 5 December 2014 11.00am - 1.00pm

Room 4.10, DfE Offices, Sanctuary Buildings, London SW1P 3BT

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

  1. Review of the Summer Born guidance

[DfE Official] presented to the Group the draft summer born guidance. The main points were:

  • It has been revised to reflect the new provisions in the Code.
  • On account of comments made by the Group previously, links to research on month of birth effects have been removed.
  • Following consultation, two new provisions in relation to summer born children, have been added to the Code;

-There is a new duty for the admission authority to make a decision that is in the child’s best interests

-There is a new duty for the admission authority to set out clearly, in their admission arrangements, the process for making a request for admission out of the normal year Group. The draft advice includes a suggestion of how such a process should operate.

The main points arising from the discussion were:

  • The Group expressed concern about the guidance being too technical for parents to understand.
  • With regards to the admission of children below compulsory school age for part-time attendance, it should be made clearer that parents need to agree a sensible part-time pattern with the admission authority.
  • The Group raised a point that when parents request deferred entry, the child should ideally be in school by the end of January, or the school will not receive the funding for that child.
  • It needs to be made clearer which year Group parents who request out of normal age group admission can appeal for.
  • Furthermore, it needs to be made clearer, that having a request for admission out of the normal year group agreed, does not guarantee a school place
  • Decisions about admission out of the normal year group may vary significantly between admission authorities, causing inconsistencies from area to area. The guidance does not cover how this can be addressed.
  • It should be made clear that the guidance applies to both primary and secondary schools.

Admissions Group Meeting

Friday 6 March 2015 11.00am - 1.00pm

Room 4.01, DfE Offices, Sanctuary Buildings, London SW1P 3BT

The section of the note for this meeting, which relates to the admission of summer born children, is copied below:

  1. Admission of summer born children

[DfE Official] informed the Group of the key issues that arose from the Education Select Committee hearing on summer born and school starting age, which was held on Wednesday 4 March.

The main points were:

  • The summer born campaign group believe summer born children should have an automatic right to be admitted into reception at compulsory school age, which Minister Gibb has considerable sympathy for, since he is concerned about those children who are missing the reception year.
  • The summer born campaign expressed concerns about the arduous process parents are often required to go through to in order to get their agreed, and believe the situation had got worse since the new Code came into force in December.
  • Institute of Fiscal Studies believes greater admissions flexibility for summer born children could be one of a number of factors that would help improve outcomes of summer born children and favoured age adjusting test scores, so summer born children are not measured against children who may in practice up to a year older.
  • While there is no evidence that raising the compulsory school age would improve children’s outcomes, the Institute of Education believes it is worth considering since there is evidence that four year old children are not developmentally ready to learn phonics. The Minister did not accept this as some schools achieve 100% in the phonics check at the end of year one.
  • There was discussion of the increased likelihood of summer born children being identified as having SEN, especially those born in August; and whether increased flexibility in the admissions process might help reduce this.
  • During the hearing, Minister Gibb:

-agreed we might consider a narrower definition of ‘summer born’ e.g. perhaps just June, July and August.

-Ruled out attempting to create an exhaustive list of those circumstances in which children who should be admitted out of their normal age group

-Acknowledged concerns about the lack of consistency in decision making between local authority areas.