Guidance on the education of children out of their chronological year group

Education of children out of their chronological year group 2022-23 26/09/2022

Guidance on the education

of children out of their

chronological year group

Surrey County Council

Education of children out of their chronological year group 2022-23 26/09/2022

1. Introduction

1.1 The purpose of this guidance is to provide parents, schools and Surrey County

Council officers with information and advice in respect of requests for children to be

educated in either a younger or older year group than that of their chronological age.

1.2 Whilst there is no statutory barrier to children being educated out of their

chronological year group, there is no duty to agree such a request and a parent

cannot insist their child is educated out of their normal year group. In general, it is the

view of the Department for Education and the local authority that most children should

be educated in their chronological year group, with the curriculum differentiated as

appropriate, and that they should only be educated out of their chronological year

group in very limited circumstances.

1.3 This guidance covers out of year group requests for children of all ages, whether they

are due to start school or are already on roll at a school. It also includes guidance for

children with an Education, Health and Care Plan (EHCP), although the process for

these is different and it is important that parents liaise with their child’s SEND Case

Officer.

1.4 This guidance includes information on:

• The reasons why a request might be made.

• Starting school in Reception and summer born children.

• Who is responsible for making the decision.

• Factors for parents to consider when making a request.

• When to make an out of year group request.

• Factors that will be taken into account when making a decision.

• The outcome of the request.

• Important factors to consider following a decision.

• Whether a child will be expected to remain out of year group.

• Appeals and complaints.

1.5 This guidance reflects the requirements of the School Admissions Code 2021 and the

Department for Education’s non-statutory advice to local authorities and school

admission authorities on the admission of summer born children.

1.6 In conjunction with this guidance, parents are also advised to read the Department for

Education’s advice for parents on summer born children and starting school Summer-

born children: school admission.

2. Reasons why a request might be made for a child to be placed out

of their chronological year group

2.1 There can be any number of reasons why a parent may feel it is appropriate for their

child to be educated out of their chronological year group. The following are some of

the most common reasons for parents making a request, although not all will

necessarily be agreed (see Section 7 for factors that will be taken into account when

making a decision):

i. a child has advanced academic and social skills and may be isolated as a learner

in their present peer group;

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ii. a child has delayed academic and social skills and may not productively engage

in group learning tasks;

iii. a child has delayed emotional development and may have difficulty making

relationships with their peer group and may be at risk of isolation;

iv. a child has missed a substantial part of a year through illness or other reasons;

v. a child’s physical or medical condition might mean that the child would benefit

from being educated in a younger year group;

vi. a child was born prematurely on or before 31 August and their expected date of

delivery was after 31 August;

vii. a child was born in the summer (1 April to 31 August) and the parent believes that

they would benefit from being educated in a younger year group;

viii. to provide an additional year’s experience of mainstream education prior to a

special school placement;

ix. a child has recently arrived in the country and has limited English language

competence and therefore could be isolated in their chronological year group.

2.2 Some reasons may be particularly prevalent at a time of phase transfer (nursery to

Reception, infant to junior, primary to secondary) where the demands of the next

phase are perceived as too much for the child to cope with.

3. Starting school in Reception and summer born children

3.1 When is a child required to start school?

3.1.1 Local authorities and schools must provide all children with the opportunity to join a

Reception class in the September following their fourth birthday. However, a child

does not reach statutory school age until the beginning of the term after they turn

five years old.

3.1.2 In recognition that some parents may feel that their child is not ready to start school

in the September after they turn four, parents can choose for their child to start

Reception part time until they reach statutory school age; or that the date their child

is admitted to Reception is deferred until later in the same academic year, but not

beyond the start of the summer term of the academic year for which a place has

been offered.

3.2 Summer born children

3.2.1 Summer born children are defined as those born between 1 April and 31 August

and they reach statutory school age at the start of the autumn term after they turn

five years old.

3.2.2 Whilst the majority of parents of summer born children will be happy for their child

to start in Reception at the same time as other children their age, some may have

concerns about whether their child is ready for school. In such circumstances,

parents can choose for their child to start school in Year 1, at statutory school age.

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3.2.3 Alternatively, some parents may prefer for their summer born child to be admitted

to Reception instead of Year 1, so they would be educated out of their

chronological year group. In such cases, the decision that must be made is

whether it will be in the child’s best interests to start in Reception or to miss

Reception and to start in Year 1.

3.2.4 This option is not available to children born in the autumn and spring, including

those who were born prematurely in these months, as these children must legally

be in school full time in the term after they turn five years old.

4. Who is responsible for making the decision on an out of year group

request?

4.1 Responsibility for making the decision on an out of year group request will depend on

whether or not the child has an EHCP or whether the parent is applying for their child

to start a new school or making a request for a school they are already attending.

4.2 Children without an EHCP

4.2.1 Request for a child who is starting a new school

• Where a parent requests that their child be admitted to a new school out of their

chronological year group, that is, where a child is not currently on roll at the

school, the admission authority for the school must make the decision. For

community and voluntary controlled schools, the admission authority is the local

authority for the area where the school is located. For other types of school,

known as own admission authority schools, the admission authority will be the

school’s governing body or academy trust.

• Each request must be considered according to the circumstances of the case and

what is in the child’s best interests and must also take account of the views of the

headteacher. An admission authority is not allowed to take a blanket view on all

out of year requests

• Where a child is undergoing statutory assessment and does not yet have a final

EHCP, any decision that is made in relation to an out of year group request may

be reviewed when the EHCP is finalised.

4.2.2 Request for a child who is already attending a school

Where a child is already on roll at a school, the headteacher of the school will

liaise with the parent and decide whether or not it would be in the child’s best

interests to be placed in a year group different from that of their chronological

age, whilst having regard to the other factors set out in section 8.

4.3 Children with an EHCP

4.3.1 Request for a child who is starting a new school

The vast majority of children with an EHCP should have their needs met within

their chronological year as their EHCP will clearly identify how and where the

child can be best supported. Exceptionally, where a parent of a child with an

EHCP requests that their child be admitted to a new school out of their

chronological year group, the local authority’s SEND Governance Board will be

Education of children out of their chronological year group 2022-23 26/09/2022

responsible for the decision. The SEND Governance Board will need to consider

whether it is in the child’s best interests to be educated out of their chronological

year group. Should this be agreed, then the type of provision (in terms of age-

related expectations) will be written into section F of the child’s EHCP.

4.3.2 Request for a child who is already attending a school

The vast majority of children with an EHCP should have their needs met within

their chronological year as their EHCP will clearly identify how and where the

child can be best supported. Exceptionally, where a request for education outside

of the child’s chronological year is made, an annual review must be called

ensuring the case officer and all professional’s involved are invited to attend or

provide reports. The SEND Governance Board will need to consider the views of

the school alongside whether it is in the best interests of the child to be educated

out of their chronological year group. Should this be agreed, the type of provision

in terms of age-related expectations will be written into section F of the child’s

EHCP.

5. Factors for parents to consider before making an out of year group

request

5.1 In all cases, we would strongly advise parents who are considering making a request

for their child to be educated out of their chronological year group to talk to the

school(s) concerned prior to submitting their request. This gives the parent and the

school the opportunity to discuss the provision on offer, how the school can provide a

differentiated curriculum to provide for the needs of their child in their correct year

group and, where applicable, the child’s readiness for school. If the child has an

EHCP, the parent should also discuss their concerns with the child’s SEND case

officer.

5.2 Parents should also consider the following:

a) Placement in a younger year group

i. Children are seldom uniformly delayed in their academic development. Areas of

cognitive or physical ability are at risk of not receiving appropriate stimulation if a

child is placed in a younger year group and a reduced set of general expectations

applies.

ii. Physical, emotional and social expectations may be inappropriate where a child is

taught in a younger year group.

iii. Some summer born children may exhibit lower levels of achievement and maturity.

However, this may not last and schools are experienced in addressing this for

children within their chronological year group through normal differentiation of the

curriculum.

iv. Whether a summer born child attends a primary school or an early years setting

during the academic year following their fourth birthday, they will receive the Early

Years Foundation Stage curriculum in which learning is developed largely through

play.

v. At each school transfer (i.e. between Key Stages or schools) a new request for out

of chronological year group admission must be made, and the decision whether to

maintain a child’s placement in a younger year group must be made by the

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admission authority for the school, based on the circumstances of the case and what

is in the best interests of the child at that time. As such, there is no guarantee that

agreement will be given for a child to continue to be educated out of their

chronological year group throughout their education. The consequences of

attempting to “make up” a year are often very negative for the child and, furthermore

they are at risk of missing a statutory entitlement to a national curriculum year

programme of study or being denied the ability to enter public examinations.

vi. Where placement in a younger year group is maintained, phase transfers, SATs,

GCSEs and school leaving are reached a year or more late. Young people cease to

be classed as being ‘of statutory school age’ on the last Friday of June in the school

year in which they turn 16 years of age. Therefore, if they are being educated in a

younger year group the school must make provision for them until the date they are

due to leave school, even if the young person has been excluded. Alternatively, if a

young person required a place at a different school during this time, they would have

to negotiate admission and there is no guarantee that a school would admit a

student above statutory school age.

vii. Where a young person is educated in a younger year group, they may find that their

post 16 entitlement is reduced from 3 years to 2 years which may impact on

attainment and opportunity post 16.

b) Placement in an older year group

i. Whilst a child placed a year ahead of their chronological age may, as a

consequence, receive a higher level of intellectual stimulation, this will apply across

all subject areas and the child’s intellectual strengths and achievement may not be

universally ahead of age expectation.

ii. In some cases, physical, social and emotional maturity may fail to match exceptional

intellectual maturity; in which case a child may present with physical, emotional or

social demands which are less effectively catered for in an older year group. The

self-esteem and other negative emotional consequences of this may be

considerable, particularly during adolescence.

iii. Assuming overall maturity is broadly in line with intellectual maturity, placement a

year ahead of chronological age can lead to successful outcomes for the child.

However, these outcomes could equally be addressed through an enriched and

differentiated curriculum within the same chronological year group.

iv. Once the age shift is made, it is difficult to reverse, necessarily involving the repeat

of a National Curriculum Year.

v. At each school transfer the decision whether to maintain the placement in an older

year group must be made by the admission authority for the school based on the

circumstances of the case and what is in the best interests of the child. As such

there is no guarantee that it will continue throughout the child’s education and a new

request must be made at each school transfer.

vi. Where placement in an older year group is maintained, the consequence is that the

child will reach the next phase transfer, SATs or GCSEs, and school leaving point a

year or more early. Young people do not cease to be of statutory school age until

the last Friday of June in the school year they turn 16 years of age and as such

would have to negotiate transfer early to a school sixth form or Further Education

college, which would not be guaranteed.

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6. When should an out of year group request be made?

6.1 If, after considering the factors above, a parent believes it would be in their child’s

best interests to be educated out of their chronological year group then they must

submit a request along with any relevant information and supporting evidence they

may have.

6.2 There is no expectation for a parent to obtain professional evidence they do not

already have, however submitting all available evidence and information will help

determine whether it would be in the child’s best interests to be admitted out of their

chronological year group.

6.3 Parents are encouraged to contact their preferred schools prior to making a formal

request and schools are encouraged to discuss any concerns with the parent, as this

will aid the decision making process (although for community and voluntary controlled

schools the decision must be made by the local authority). However, a parent is not

obliged to make prior contact with a school and, where they do not, a request must

still be considered.

6.4 Children without an EHCP

6.4.1 Applying for a younger year group as part of the normal intake to a school

a. If a parent wishes to request that their child is admitted to a younger year group as

part of the normal mainstream intake to a school, they should initially apply for a

school place at the normal time i.e. in line with the application dates appropriate

for the chronological year group of their child. These dates are:

• Reception entry – apply by 15 January in the academic year the child turns 4.

• Junior entry – apply by 15 January in the academic year the child turns 7.

• Secondary entry – apply by 31 October in the academic year the child turns 11.

b. At the same time, parents should submit their request for their child to be

educated out of their chronological year group along with any supporting evidence

they may have. They should do this by writing to the Admissions team for the local

authority where they live and this will then be shared with each school, as

appropriate.

c. Applying at the normal time will ensure that an ‘in principle’ decision can be made

on the out of year group request in good time. This also means, should a request

be refused, a parent maintains the option of sending their child to school in their

chronological year group, thus ensuring their child does not miss out on accessing

a year of education. If the request is agreed ‘in principle’, this does not guarantee

a place at a particular school for the following year, and parents must apply for a

place at that time along with all other parents for that cohort.

6.4.2 Applying for an older year group as part of the normal intake to a school

a. If a parent wishes to apply for admission to an older year group as part of the

normal mainstream intake to a school, they should apply for a school place along

with other parents applying for the same cohort. For example, if a parent wishes

their child to be educated one year higher than their child’s chronological year

group, applications should be made by the following dates:

• Reception entry – Apply by 15 January in the academic year the child turns 3.

Education of children out of their chronological year group 2022-23 26/09/2022

• Junior entry – Apply by 15 January in the academic year the child turns 6.

• Secondary entry – Apply by 31 October in the academic year the child turns

10.

b. At the same time parents should submit their request for their child to be educated

out of their chronological year group along with any supporting evidence they may

have. They should do this by writing to the Admissions team for the local authority

where they live and this will then be shared with each school, as appropriate.

c. Applying by the relevant deadline will ensure that, if the request is agreed, school

places will not have been filled by other applicants who applied on time.

6.4.3 Request for in year admission

If a parent wishes to apply for admission out of chronological year group at any other

time, i.e. not as part of the normal intake to the school, then they should apply for

their preferred schools via the in year admission process, no more than 4 weeks

prior to anticipated entry. As part of this application, they should include their request

for their child to be educated out of their chronological year group along with any

supporting evidence they may have.

6.4.4 Request where the child is already on roll at the school

If a parent wishes their child to be transferred to a younger or older year group at the

school they currently attend, a request should be made in writing to the

headteacher. This request should contain the reasons for requesting out of year

group education, along with any supporting evidence they may have.

6.5 Children with an EHCP

6.5.1 Request for admission to a school

If a parent wishes to request that their child is admitted to a new school out of their

chronological year group, they should put this in writing to the child’s SEND case

officer along with any supporting information they have, so that a multi-agency

decision can be made at Surrey’s SEND Governance Panel as part of finalising the

child’s EHCP or as part of the child’s annual review (where the child with an EHCP

is changing school).

6.5.2 Request where the child is already on roll at the school

If a parent wishes their child to be transferred to a younger or older year group at

the school they currently attend, a request should be made in writing to the

headteacher. This request should contain the reasons for requesting out of year

group education, along with any supporting evidence they may have. The

headteacher must liaise with the child’s SEND case officer and also seek a view

from Surrey’s Education Psychology Service and any professionals working with

the child. A child with an EHCP should not be moved unless an Annual Review has

taken place and the recommendation has been upheld by the SEND Governance

panel.

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7. Factors that will be taken into account when making a decision

7.1 When an out of year group request is received, a decision must be made based on

the circumstances of the case and what is in the best interests of the child. The

decision must also take account of the views of the headteacher of the school

concerned. In each case it is beneficial if the school has already had detailed

discussions with the parent and any relevant professionals involved with the child.

7.2 Whilst there is no expectation for a parent to obtain professional evidence they do not

already have, submitting all available evidence and information will help determine

whether it would be in the child’s best interests to be educated out of their

chronological year group.

7.3 The responsibility for addressing individual needs generally lies with the school

through an appropriately differentiated/enriched curriculum. If this is problematic,

schools are expected to seek support from the local authority.

7.4 Placement in a younger year group

For a child to be placed in a younger year group, the following matters should be

considered to assess what is in the best interests of the child:

i. The impact on a summer born child of being admitted to year 1 without first having

completed Reception (should a parent exercise their right to delay their child’s entry

to school until the September following their child’s fifth birthday).

ii. Whether the child is currently being educated out of their chronological year group;

iii. Whether the child shows a delay in academic development/educational skills,

across all subject areas, to an extent that curriculum differentiation (with appropriate

SEND resources) is not reasonable;

iv. Whether the child’s physical maturity places them in a position of being

developmentally different from their peer group;

v. Whether the child shows an equivalent delay in emotional development and social

skills, appropriate for a younger peer group;

vi. Whether the child was born prematurely on or before 31 August and whether the

expected due date was after 31 August;

vii. Whether there is parental support and agreement;

viii. Where relevant, the child’s medical history and any views of a medical professional;

ix. Whether the child has an EHCP and the most recent Annual Review endorses the

decision to move the child out of their chronological year group.

7.5 Placement in an older year group

For a child to be placed in an older year group, the following matters should be

considered to assess what is in the best interests of the child:

i. Whether the child is currently being educated out of their chronological year group;

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ii. Whether the child demonstrates advanced intellectual skills and achievement in all

subject areas;

iii. Whether there has been a full exploration of curriculum extension/enrichment

possibilities being delivered in the child’s correct chronological year group;

iv. Whether the child has physical maturity sufficient to meet the curriculum and play

demands of a higher National Curriculum year;

v. Whether the child’s emotional and social maturity is sufficient to establish positive

peer relationships with an older age group;

vi. Whether there is parental support and agreement;

vii. Whether there is child support and agreement following extensive explanation and

counselling as to the implications;

viii. Whether plans to manage phase transfers and examinations have been anticipated

or are in place, including the need for an early transfer to a school sixth form or

Further Education college where the child is secondary school age.

8 Other factors which may be taken in to account

8.1 Infant Class size legislation

Even when it is agreed that it is in a child’s best interests to be educated out of their

chronological year group, the request may not be able to be facilitated if it is for a Key

Stage 1 class.

Other than a few permitted exceptions, under Infant Class Size legislation a Key

Stage 1 class (Reception, Year 1 and Year 2 which contain 5, 6 and 7 year olds)

must not contain more than 30 pupils with one teacher. The permitted exceptions are

set out in paragraph 2.16 (a)-(h) of the School Admissions Code 2021. Any other

child placed out of their chronological year group is not regarded as an exception to

Infant Class Size legislation. As such, a school would be unable to admit or move a

child out of their chronological year group to a Key Stage 1 year group if it was full,

as this would breach the infant class size limit and may result in additional costs for

the school by way of the requirement to provide an additional teacher.

8.2 Published admission number

In addition, there is complexity regarding the legal requirement of a school’s

Published Admission Number (PAN) which, in law, reflects the minimum number of

children that should enter or transfer to a school within the relevant age range. The

PAN is legally age related. If a Reception class has a PAN of 30 and can only admit

29 children because a child is held down a year in Reception, this in effect takes

away the legal right of another child to have a place in that year group as the

maximum class size of 30 for Key Stage 1 prevents a class of 31 being created.

8.3 Children recently arrived in the United Kingdom

It is generally recognised within the English school system that children should be

placed with their chronological peers. Children with English as an additional language

should not, as a rule, be treated any differently. Placing them with their peer group

affords them all the same advantages and benefits it offers other children.

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However, exceptions may apply if the circumstances of the case would indicate that it

would be in the child’s best interests to be educated out of their chronological year

group, such as when:

• Prior educational experience has been limited or fragmented with the result that

formal learning skills (in home language as well as in English) are significantly

behind those of chronological peers. The Race Equality and Minority

Achievement Service (REMA) can assist schools in investigating the extent of a

child’s prior educational experience.

• GCSE examinations are imminent and an additional year’s preparation would

enable the student to perform well.

• Children who are emotionally distressed or traumatised should not, in general, be

considered as suitable for placing out of age. This is unlikely to significantly

reduce the overall impact of settling in the United Kingdom or overcoming the

effect of past experiences. Any proposal to move a student out of year should be

discussed with the REMA Service who will assess the student and provide advice

based on that assessment.

9. The outcome of the request

9.1 For children without an EHCP

• Where an out of year group request is received for one of Surrey’s community or

voluntary controlled schools, the decision will be made by Surrey’s Admissions team,

in liaison with the headteacher of the school. Surrey’s Admissions team will respond

to the parent regarding the outcome of the request.

• Where an out of year group request is received by Surrey’s Admissions team in

relation to an own admission authority school, they will forward the request to the

appropriate school(s). Own admission authority schools will respond to the parent

regarding the outcome of the request and at the same time will also let Surrey’s

Admissions team know the outcome.

• Some own admission authority schools may receive out of year group requests

directly from parents. In such cases the school will respond to the parent regarding

the outcome of the request but must also notify Surrey’s Admissions team of the

request and the outcome.

• Where an out of year group request is made for a child who is already on roll at the

school, the headteacher will make the decision and must inform the parent and

Surrey’s Admissions team of the outcome.

9.1.1 Request agreed

• Request for a younger year group as part of a normal intake to a school

For the normal intake to a school, where a request is agreed for entry to a younger

year group, the school preference for the child’s correct chronological year group will

be automatically withdrawn. The parent will be required to apply for admission at the

appropriate time for that school in the requested year group and, at that time, the

child’s application will be considered alongside other applicants in that year according

to the admission criteria for the school.

If an offer has already been made for the child’s correct chronological year group, then

this will be withdrawn as offers cannot be carried forward from one academic year to

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the next. Parents should ensure they are aware of the application deadlines for the

year group in which they will be seeking admission as missing the relevant deadline

could result in the child missing out on an offer of a place.

• Request for an older year group as part of a normal intake to a school

For the normal intake to a school, where a request is agreed for entry to an older year

group, any preference will continue to be processed for entry to the school. The

application will be considered alongside all applicants seeking entry as part of the

same admissions round. The parent will be notified of the outcome of their application

once it has been processed, usually on the national offer day if the application was

made on time.

• Request for in year admission

For in year admissions, where an out of year group request is agreed, the admission

authority will consider whether or not a place is available in the selected year group. If

a place is available, it will be offered. If a place is not available, the parent will have the

opportunity to be placed on the waiting list for the school.

• Request where the child is already on roll at the school

Where an out of year group request is agreed for a child who is already on roll at the

school, the headteacher will arrange placement in the agreed year group at the

earliest opportunity, in liaison with the parent.

9.1.2 Request declined

• Request for a younger year group as part of a normal admissions round

For the normal intake to a school, where a request is declined for entry to a younger

year group, the admission authority must set out their reasons. For summer born

children the admission authority must also confirm the year group that it considers will

be in the child’s best interests to start when the child turns five years old.

Any preferences named for the child’s correct chronological year group will continue to

be processed until such time as a place is offered or the parent indicates they wish the

preference to be withdrawn.

If a place is offered, the parent will be notified of this, usually on the national offer day

if the application was made on time. The parent can then choose whether to accept or

decline the offer, although parents are advised to only decline a place once alternative

suitable education provision has been organised.

• Request for an older year group as part of a normal admissions round

For the normal intake to a school, where a request is declined for entry to an older

year group, the admission authority must set out their reasons. The parent’s

preference will be withdrawn and the parent can then reapply for a place the following

year for the correct chronological year group.

• Request for in year admission

For in year admissions, where an out of year group request is declined the admission

authority must set out their reasons. The admission authority will consider whether or

not they can offer a place in the child’s correct chronological year group. In some

cases the child may not be of an age eligible for entry to the school, such as where a

child’s chronological year group is Year 7 and the parent is seeking entry to a primary

school in Year 6. In such cases the school would be unable to consider the child’s

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admission in the correct year group and the school has no further duty to process an

application for the school.

• Request where the child is already on roll at the school

Where an out of year group request is declined for a child who is already on roll at the

school, the child will remain within their correct chronological year group.

9.2 For children with an EHCP

• Where an out of year group request is received for a child with an EHCP, a multi-

agency decision will be made at Surrey’s SEND Governance Panel and the SEND

case officer will let the parent know the outcome of the request.

9.2.1 Request agreed

Where the child is not yet statutory school age and a request is agreed for entry to a

younger year group, the EHCP will be finalised naming the school that the child will

attend a mainstream nursery setting, with access to Early Intervention Funding. The

child’s EHCP will reviewed for the following year to determine which school the child

will attend.

Where the child is already of statutory school age, the EHCP will be finalised naming

the school that they will attend and indicating that they will be educated out of their

chronological year.

9.2.2 Request declined

Where a request is declined for entry to a younger year group, the child’s EHCP will

be finalised naming the school that the child will attend. The parent must be advised

in writing of the reasons for the decision and, for summer born children, the outcome

must also confirm the year group that it considers will be in the child’s best interests

to start when the child turns five years old.

10. Important factors to consider following a decision

10.1 Agreement to consider a child for admission out of their chronological year group

does not guarantee an offer of a place at a particular school as an offer will be

dependent on whether a vacancy exists and whether other children have a higher

priority for a place when ranked against a school’s oversubscription criteria.

10.2 Decisions are made individually for each school. There is no guarantee that different

admission authorities will come to the same decision regarding a request and one

admission authority cannot be required to honour a decision made by another.

10.3 Where admission to a younger year group is sought, parents should carefully

consider the likelihood of gaining a place at their preferred school should a request

be agreed and their application for admission at the correct time is withdrawn. If a

child is not able to secure a place at their preferred school in the following year,

there is no guarantee that other schools will accept an out of year group application

at that time.

10.4 Where it is agreed to place a child out of their chronological year group, this will not

normally be for more than a single National Curriculum year. In the case of vertically

grouped classes this will apply to the age range of the class rather than a single

chronological age.

Education of children out of their chronological year group 2022-23 26/09/2022

10.5 Where it is agreed to place a child out of their chronological year group and

subsequently the SEND Governance panel decide specialist provision is required,

the child will usually return to their correct chronological year for education.

11. Will a child be expected to remain out of their chronological year

group?

11.1 Where it is deemed in the best interests of a child, a school may seek to move a

child back to their chronological year group. In a few cases it may be deemed

appropriate to further decelerate/accelerate a child’s year group. Where it is planned

for a child to return to their correct chronological year group, this should be managed

within a Key Stage i.e. at the end of a Key Stage the child should be placed within

his or her chronological year group.

11.2 Children with an EHCP who are educated in a younger year group should have

transition reviews at their appropriate chronological age, for example, for a Year 5

child placed in Year 4, this would be whilst the child was in Year 4 and not a year

later. Where a child with an EHCP transfers from mainstream to specialist provision,

they will usually be expected to return to their chronological year group.

11.3 However, in many cases it will be appropriate for a child to remain educated out of

chronological year group. In these cases it is not possible to plan comprehensively

for each school transfer as in each case it will be subject to:

• a separate out of year group decision being made by the admission

authority for the new school, an application being submitted by the parent

and a place being offered according to the school’s admission criteria; or

• a child’s EHCP

11.4 At each school transfer, the decision regarding entry out of chronological year group

must be considered by the admission authority for the new school. However

Surrey’s expectation is, where a child is currently educated out of their chronological

year group within the English educational system, the child should remain out of

year group unless there is any significant evidence or information to the contrary.

12. Appeals and complaints

12.1 Parents who are refused a place at a school for which they have applied have the

right of appeal to an independent admission appeal panel. As the purpose of the

appeals process is to consider whether a child should be admitted to a particular

school, parents do not have a right of appeal if they have been offered a place and it

is not in the year group they would like.

12.2 However, a parent may make a complaint about:

a) an admission authority’s decision not to admit a child without an EHCP out of their

chronological year group if they are unhappy about how the decision was made:

• in the case of academies, free schools and foundation, trust and voluntary

aided schools parents may make a complaint using the school’s complaints

procedure as the governing body or academy trust will be the admission

authority.

• in the case of community and voluntary controlled schools parents may make a

complaint to the local authority as the admission authority.

Education of children out of their chronological year group 2022-23 26/09/2022

b) A local authority’s decision not to agree for a child with an EHCP to be admitted

out of their chronological year group if they are unhappy about how the decision

was made or through EHCP Tribunal against the school/provision named.

c) a headteacher’s decision on whether or not to place a child without an EHCP,

who is already on roll at a school, in a year group different to that of their

chronological age. In all such cases parents may make a complaint using the

school’s complaints procedure.

11.3 If a parent is unhappy with the way a local authority or a maintained school has

handled their complaint, the parent may refer their complaint to the Local

Government and Social Care Ombudsman.

11.4 If a parent is unhappy with the way an academy or free school has handled their

complaint, they may complain to the Education Funding Agency who will consider

the complaint on behalf of the Secretary of State for Education.