tiggytape
It's worth remembering that even though the Code is law, it does not supersede primary legislation, and there is a case to be made here that the Code does not properly reflect primary legislation.
I would remind you that the both the 2009 and the 2010 School Admissions Codes contained incomplete and therefore inaccurate legal definitions of Reception class, which very likely exacerbated the already pervasive idea that all children should be in school, in Reception class, at the age of 4 – and certainly by the time they’ve turned 5. This is the definition provided:
“Defined by section 142 of the SSFA 1998. An entry class to primary schools for children who are aged 5 during the school year and for children who are younger than 5 who it is expedient to educate with them.”
Also look at the changes the DfE made to its Code in 2014:
summerbornchildren.org/2015/03/31/dfe-promised-flexibility-but-look-what-it-chose-to-change-in-the-code/
And the above changes in the context of a DfE that publicly declares 'the key thing is flexibility' and 'we want to empower parents':
summerbornchildren.org/2015/03/06/3-ministers-in-3-years-promise-us-flexibility-but-actions-speak-louder-than-words-what-will-nick-gibb-do-between-now-and-april-offer-day/
You may have confidence in the Code, and be satisfied that it works well when schools and councils can decide whether summer born children who start school at CSAge are forced to miss a year - at any point in their education - but I don't.
Look at this as an example of why the current system is so broken:
summerbornchildren.org/2015/03/26/kent-boy-forced-to-miss-year-of-school-with-devastating-consequences-and-unnecessary-sen/
Alberta in Canada has a flexible school starting age and regularly appears high up in international education league tables - and while I'm not suggesting that its success is 'because' of its admissions policy, it certainly demonstrates that its flexible admissions policy does not adversely affect pupils' outcomes. There is a fear of change by some in England, but the bottom line remains the same - our CSAge has been lowered by the back door for so long now that people think parents of summer born children are asking for something 'new' or 'special', and therefore it should be debated and challenged - when in fact what we're asking for is something we should have been entitled to for many decades. There would certainly have been significantly fewer cases of SEN diagnosis of summer born children, and therefore reduced costs for tax-payers...
Final point - where is the evidence that it is in ANY child's best interests to miss their critical and crucial foundation year of school and be forced to enter Year 1 instead? The DfE presented no such evidence to the Education Committee last year, and on the contrary, existing evidence shows that missing even part of a year of school is detrimental for children. The DfE's summer born policy is as unfounded as it is unfair, and I'm personally shocked at how many head teachers, council administrators and MPs are willing to accept a Code that means children can be forced to miss whole years of school as a direct result of their parents refusing to enrol them EARLY.