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Defer or refuse? Confused what rights are.

7 replies

Sobloodyworried123 · 16/09/2015 11:54

From my own research it seems I can defer until January for my son who turns 5 next week, is this correct?
Long story short have been given 3rd prefernce which only put as was advised they usually have places after reception intake and it's a mile from home address however pretty bad ofsted and not very safe feel.
Can't see it until next week but am number 1 on waiting list for 2nd school which is actually our closest.
Do I have the right to defer until January in hope we get offered this one instead?
I don't want to start him somewhere and disrupt him, I would rather him just start later.
We have started explore learning this week and in general he is above average academically so I'm not concerned about him starting school a little later, just needs to be a school im happy with especially as younger brothers application needs to be in by January 15th!

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PatriciaHolm · 16/09/2015 12:39

Yes, you have the right to defer until the beginning of the term after they turn 5.

From the admissions code Dec 2014;

"Admission of children below compulsory school age49 and deferred entry to school
2.16 Admission authorities must provide for the admission of all children in the September following their fourth birthday. The authority must make it clear in their arrangements that, where they have offered a child a place at a school:
a) that child is entitled to a full-time place in the September following their fourth birthday;
b) the child??s parents can defer the date their child is admitted to the school until later in the school year but not beyond the point at which they reach compulsory school age and not beyond the beginning of the final term of the school year for which it was made; and
c) where the parents wish, children may attend part-time until later in the school year but not beyond the point at which they reach compulsory school age."

Sobloodyworried123 · 16/09/2015 12:42

Wonder why the head said this wasn't something they do then!

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PatriciaHolm · 16/09/2015 13:04

He may not want to do it, or like it much, but he must allow it.

Saracen · 17/09/2015 23:04

Yes, you have the right to defer until January.

If you aren't lucky enough to have a place come up at your preferred school by then, you could keep your son out of school even longer by home educating. The requirements are straightforward to meet. If you do that, the place at his current school will not be kept open for him, so if it's oversubscribed then he won't have that option anymore.

If you later decide to give up waiting for your preferred school and you don't want to continue home educating, the council still has to find him a school but it might be one you dislike even more than the offered school. You could weigh all that up at Christmastime if you are still waiting then.

Sobloodyworried123 · 18/09/2015 19:14

Hi,
I'm just worried that if I take this school that I really don't want, it will affect where we are on the waiting lists as they will see it that we do have a school.
The risk of him getting a school miles away though is a massive concern to me as I have another son a year younger who will no doubt get a local school for next year which then means I can't do the pick ups for both I and I have nobody to help me with that.

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PatriciaHolm · 18/09/2015 20:42

It won't have any affect on waiting lists, as long as you confirm you wish to stay on them. Your position on lists is unaffected by having a place elsewhere.

LIZS · 22/09/2015 20:20

2 miles isn't a huge distance though, does this school have a breakfast/after school club , or is there one of your preferred schools which ds2 might be allocated. Could a friend assist (you have plenty of time to arrange) or failing that pay a childminder. However maybe this will have resolved itself in a year's time. At least by starting him now you'd break this seemingly endless cycle of worry.

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