Policy on the Education of Children out of their Chronological Year Group

Based on 2021 Department of Education Guidance

Ratified: July 2024

Review date: September 2025

NB. Whilst the Co-op Academy Trust is its own Admissions Authority, Wirral Local Authority coordinates this on behalf of the academy

1. Introduction

1. The purpose of this policy is to provide parents/carers 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.
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 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.
3. This policy covers out of year group requests for children of all ages, whether they are due to start in the academy or are already on roll at the academy. 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.
4. This guidance reflects the requirements of the Academy Admissions Policy and the Department for Education’s non-statutory advice to local authorities on the admission of summer born children.

2. Who is responsible for making the decision on an out of year group request?

1. Children without an EHCP

1. Request for a child who is a new starter

• Where a parent requests that their child be admitted as a new starter out of their chronological year group, that is, where a child is not currently on roll at the academy, the admission authority will make the decision.
• 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.

2. Request for a child who is already attending the academy        

Where a child is already on roll at an academy, the headteacher of the academy 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.

2. Children with an EHCP

1. Request for a child who is a new starter

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 out of their chronological year group, the local authority’s SEND Inclusion Team will be responsible for the decision. The SEND Inclusion Team 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.

2. Request for a child who is already attending the academy

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 professionals involved are invited to attend or provide reports. The SEND Inclusion Team will need to consider the views of the academy 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 and funding agreed.

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

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 academy prior to submitting their request. This gives the parent and the academy the opportunity to discuss the provision on offer, how the academy 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.
2. Parents should also consider the following:

1. Placement in a younger year group

1. 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.
2. Physical, emotional and social expectations may be inappropriate where a child is taught in a younger year group.
3. Some summer born children may exhibit lower levels of achievement and maturity. However, this may not last and the academy is experienced in addressing this for children within their chronological year group through normal differentiation of the curriculum.
4. At each academy transfer (i.e. between Key Stages or academies) 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 Trust/Headteacher, 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.
5. Where placement in a younger year group is maintained, phase transfers, SATs, GCSEs and academy leaving are reached a year or more late. Young people cease to be classed as being ‘of statutory academy age’ on the last Friday of June in the academic year in which they turn 16 years of age. Therefore, if they are being educated in a younger year group the academy must make provision for them until the date they are due to leave.
6. 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.

2. Placement in an older year group

1. 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.
2. 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.
3. 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.
4. Once the age shift is made, it is difficult to reverse, necessarily involving the repeat of a National Curriculum Year.
5. At each transfer the decision whether to maintain the placement in an older year group must be made by the Headtheacher 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 year group/key stage transfer.
6. 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 academy 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 academic year they turn 16 years of age and as such would have to negotiate transfer early to a sixth form or Further Education college, which would not be guaranteed.

3. 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 written request along with any relevant information and supporting evidence they may have to the Headteacher.
4. 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.

5. Children without an EHCP

1. Applying for a younger year group as part of the normal intake to an academy

1. If a parent wishes to request that their child is admitted to a younger year group as part of the normal mainstream intake to an academy, they should initially apply for an academy place at the normal time i.e. in line with the application dates appropriate for the chronological year group of their child.
2. 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.
3. 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 CO-OP Academy Bebington for the following year, and parents must apply for a place at that time along with all other parents for that cohort.

1. Applying for an older year group as part of the normal intake to an academy

1. If a parent wishes to apply for admission to an older year group as part of the normal mainstream intake to the academy, they should apply for a 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 date:

• Secondary entry – Apply by 31 October in the academic year the child turns 10.

2. 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.
3. Applying by the relevant deadline will ensure that, if the request is agreed, academy places will not have been filled by other applicants who applied on time.

1. 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 academy, then they should apply 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.

2. Request where the child is already on roll at the academy

If a parent wishes their child to be transferred to a younger or older year group at the academy 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 final decision rests with the Headteacher.

6. Children with an EHCP

1. Request for admission to an academy

If a parent wishes to request that their child is admitted to the academy 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 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 academy).

2. Request where the child is already on roll at the academy

If a parent wishes their child to be transferred to a younger or older year group at the academy, 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 will liaise with the child’s SEND case officer and also seek a view from the 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 Inclusion Team.

7. 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 academy. In each case it is beneficial if the academy has already had detailed discussions with the parent and any relevant professionals involved with the child.
8. 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.
9. The responsibility for addressing individual needs generally lies with the academy through an appropriately differentiated/enriched curriculum. If this is problematic, the academy will seek support from the local authority.

10. 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:

1. Whether the child is currently being educated out of their chronological year group;
2. 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;
3. Whether the child’s physical maturity places them in a position of being developmentally different from their peer group;
4. Whether the child shows an equivalent delay in emotional development and social skills, appropriate for a younger peer group;
5. Whether the child was born prematurely on or before 31 August and whether the expected due date was after 31 August;
6. Whether there is parental support and agreement;
7. Where relevant, the child’s medical history and any views of a medical professional;
8. 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.

1. 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:

1. Whether the child is currently being educated out of their chronological year group; Whether the child demonstrates advanced intellectual skills and achievement in all subject areas;
2. Whether there has been a full exploration of curriculum extension/enrichment possibilities being delivered in the child’s correct chronological year group;
3. Whether the child has physical maturity sufficient to meet the curriculum and play demands of a higher National Curriculum year;
4. Whether the child’s emotional and social maturity is sufficient to establish positive peer relationships with an older age group;
5. Whether there is parental support and agreement;
6. Whether there is child support and agreement following extensive explanation and counselling as to the implications;
7. Whether plans to manage phase transfers and examinations have been anticipated or are in place, including the need for an early transfer to a sixth form or Further Education college where the child is secondary school age.

4. Other factors which may be taken in to account

1. Published admission number

In addition, there is complexity regarding the legal requirement of an academy’s Published Admission Number (PAN) which, in law, reflects the minimum number of children that should enter or transfer to an academy within the relevant age range. The PAN is legally age related.

2. 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.

The outcome of the request

3. For children without an EHCP

• Where an out of year group request is received the decision will be made by The Trust/Headteacher. The Headteacher will respond to the parent regarding the outcome of the request.
• Where an out of year group request is made for a child who is already on roll at the academy, the Headteacher will make the decision and must inform the parent of the outcome.

           4.3.1 Request agreed (directly lifted from Department for Education guidance)

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

For the normal intake to an academy, where a request is agreed for entry to a younger year group, the academy 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 academy 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 academy.

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 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 an academy

For the normal intake to an academy, where a request is agreed for entry to an older year group, any preference will continue to be processed for entry to the academy. 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 Trust/Headteacher 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 academy.

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

Where an out of year group request is agreed for a child who is already on roll at the academy, the Headteacher will arrange placement in the agreed year group at the earliest opportunity, in liaison with the parent.

             4.3.2 Request declined

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

For the normal intake to an academy, 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 an academy, 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 trust/Headteacher must set out their reasons. The trust/Headteacher will consider whether or not they can offer a place in the child’s correct chronological year group.

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

Where an out of year group request is declined for a child who is already on roll at the academy, the child will remain within their correct chronological year group.

4. 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 Wirral’s Inclusion Panel and the SEND case officer will let the parent know the outcome of the request.

• Request agreed

Where the child is already of statutory academy age, the EHCP will be finalised naming the academy that they will attend and indicating that they will be educated out of their chronological year.

• Request declined

Where a request is declined for entry to a younger year group, the child’s EHCP will be finalised naming the academy that the child will attend. The parent must be advised in writing of the reasons for the decision.

5. Will a child be expected to remain out of their chronological year group?

1. Where it is deemed in the best interests of a child, Co-op Academy Bebington 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.
2. Children with an EHCP who are educated in a younger year group should have transition reviews at their appropriate chronological age. Where a child with an EHCP transfers from mainstream to specialist provision, they will usually be expected to return to their chronological year group.