Laws re starting primary school

[jctt]

Here goes.... hope someone can help! I live in London with my son, who will turn 5 in November 2013. Am I correct in thinking he does not legally have to start school until Jan 2014? I have accepted a school place starting in September, but I want to keep this open so he can start in Jan 2014. I am pregnant and for health reasons I need to go and stay at my mums in Scotland from approx. September (baby due in November). Can the school 'close down' the school place due to 'absense' before Jan 2014? I'm really worried we'll have no school place when we return to London. I've got no one to help me through my health issues and so I have to leave London so I have someone to look after me in the later stages of my pregnancy. I feel I have a valid reason for his absence, and he's not even legally required to start this year. I just don't want them to offer his place elsewhere.

Thanks in advance to anyone who can help x

I believe that if you accept the place then you are allowed to defer his entry until the term after he turns five (obviously you would have to officially tell the school of your plans) for whatever reason and they have to keep the place for him.

From what you have said it sounds unavoidable and I am sure you will be busy enough/too ill to BUT it would be worth finding out what sounds etc they will cover in the first term so that you can give him the best possible chance of catching up with his classmates quickly in January.

I think you need to contact the school as soon as possible and initially tell them that you want to defer his start date until January and go from there. Hope you are ok

If you don't turn up and they cannot get hold of you, then after a while the place coukd be lost.

But there is no reason for you to run that risk. It is your legal right to defer your DC's start date, as long as they start at some point in Reception (you can't hold over a place until year 1) and as long as they start no later than the statutory age (start of term following 5th birthday).

You need to write to the school, informing them you are going to exercise your right to defer, and that your DS will start at the beginning of the January term. Get a written acknowledgement that they have received this letter.

Thank you so much for the advice Periwinkle and Meditrina. I definitely intend to keep them informed of all developments. I just have no experience of dealing with schools as yet so I'm not sure how they will react when I approach the subject. Hopefully they will be supportive!

I think there are 2 things, 1) they can't actually refuse and 2) this is a one off situation you are in where you really haven't got much choice from the sound of things and luckily the timings of his birthday mean you can request this.

You need to make sure you get a good working relationship with the school which is why I think perhaps asking what you could do with him at home (or grandparents or someone could) would probably be welcomed by the school.

I think in general schools want to help. If you put yourself across as a caring parent, keen to do your best for your son but currently in a difficult situation and want their help and advice to go along with your decision to defer entry then that will come across better than just a blanket 'I don't want him to start until January and you can't stop me' which would probably get their backs up a bit even though you would be within your rights to do it. It doesn't sound like you will take that approach though. I would probably contact the school and ask to make an appointment to see the head/deputy head/inclusion person or whoever would deal with it and then discuss it with them face to face but you do need to make sure you get their confirmation in writing as has been said so that you can relax and know it is sorted out.

That's really good advice Periwinkle, you're definitely right about approaching it that way. I guess I should request a meeting in the next 2 weeks so it's tied up before the summer hols. Thanks again.

The school won't want you to defer. School budgets are now based on the October census. They'll either have to have your child on roll and mark them as absent (screwing up their attendance figures) or not put him on roll until January thereby losing out on the funding for your child.
If you don't take your place in September they don't have to keep it open for you.
You might be better suggesting a phased introduction to school and break him in gently

If you don't take your place in September they don't have to keep it open for you.

That statement is plain wrong. The OP has the right to defer entry until later in the academic year and the school must keep the place open. They can only remove the place if the OP defers for a full 12 months to the following September. And whether or not the school want the OP to defer is irrelevant. It is the OP's choice, not the school's.

I'm nearly in complete agreement, prh, except I think you may have overlooked that the OP's son turns five in November.

The School Admissions Code gives parents the right to defer and have the place kept waiting, but not beyond the end of Reception and also not beyond the time the child reaches compulsory school age. So in this case January 2014 is the latest he can start without risk of losing the place. Luckily it seems that a January start will suit the family!

You are quite right. January 2014 it is.