attendance in reception before complusory school age

[Chaotica]

DD is due to go in reception in Sept, but does not turn 5 until the summer term. What is the legal position regarding attendance?

Background: she is meant to go full time after 4 weeks, but there are various reasons I am rather hesitant about this. I don't really want to withdraw her completely and have her go into year 1 immediately. Just wondered if I have any right to send her part time...

Do I have any rights?

Our school has the reception children going full-time after two weeks but has said this non-school age children can stay part-time for longer.

I guess you can ask she stays p/t a bit later, it's up to you what you do before she turns 5.

Thanks - I guess I'll ask.

You can ask the school if you can flexi school which is part time attendence, and the rest of the time they are marked as "educated off site". It gets around the attendance/funding issues. However you have no right to this and it's entirely at the discretion of the school.
However, you are entitled to defer her entry to later in the the year, even if they insist there is only a september intake.

Thanks again.

And I am grateful for the right jargon!

Tarenath said "However, you are entitled to defer her entry to later in the the year, even if they insist there is only a september intake."

For details of this, see the School Admission Code at www.dcsf.gov.uk/sacode/ Just ensure you look at the one which applies to 2010 - don't get your hopes up by looking at the newer one which applies to children who are eligible to start Reception in Sept 2011. (The new rules will give parents more rights then you have with respect to part-time vs full-time school as well as guaranteeing a Sept start if parents want it.)

Surely by keeping her part time she will miss out on many things such as friendships and basic learning. I know reception is learning through play but they do learn to read and write in that time.

My ds2 starts September too, he is a May baby. I was very apprehensive of ds1 starting full time, he is a June baby. He did fine, yes, younger than his friends but his friend who is an August baby is in gifted and talented!

I'm afraid it is not true that you are entitled to defer entry to later in the year. That will be true next year but this year you are only entitled to ask. The LA and/or school is entitled to say no.

Legally your daughter doesn't have to start school until the term after she turns 5, i.e. next September. However, the school will NOT keep the place open for you until then. If you try to start her in Y1 you may well find that you have a very limited choice of schools for your daughter.

@prh47bridge:
"I'm afraid it is not true that you are entitled to defer entry to later in the year. That will be true next year but this year you are only entitled to ask. The LA and/or school is entitled to say no."

You are mistaken; read the School Admission Code. This is legally binding.

The right to defer with the place being kept open only applies until the child reaches compulsory education age in the term after her fifth birthday, or until the end of Reception, whichever is sooner. So you are right that the place may be lost if the parents wait until Year One, but in the case of a summer-born child her start can be deferred until any point in the Reception year.

Saracen - As one of the admission gurus on here, I am well aware of the contents of the Admissions Code and its legal status. I accept, however, that I simplified.

The 2009 Code only gave parents the right to request deferral of entry. The 2010 code gives the right to defer entry (paragraph 2.69). I suspect the intention was always to give parents the right to defer entry but that wasn't what the code said.

There is some confusion around this particular change and some of the guidance issued to LAs suggests that this change, as with the changes to paragraph 2.65, only kicks in next year. Certainly some LAs and schools are working on that basis. Until there is a ruling from the LGO, I think it is prudent for parents to assume that they only have the right to ask at the moment. However, if any parent asks to defer, is refused and is unhappy with that, I would recommend that they refer the matter to the LGO.

My experience is that while not legally binding at the moment, the council did take the intention of the legislation into account when I applied for DD to be given another year at nursery school.

In the end, we didn't take up the place as she's going to Reception, but I worded the request citing the School Admissions Code emphasizing that the purpose so there was flexibility aimed at children who may not have the stamina etc.