Reception class size

A mother has lost her appeal regarding the decision to refuse her son a place in a primary school’s reception class.

The primary school’s policy was to admit 45 children split between two reception classes, with the same children then being taught in three classes of 30 when they moved up to the next year.  When they moved up in this way to years one and two, the classes would be at the maximum number that is permitted under the infant class size limit imposed by the School Admissions (Infant Class Sizes) (England) Regulations 2012.  Although admitting the child would not have breached the infant class size limit whilst he was in reception class, in future years his admission was likely to breach that limit.

The High Court held that the panel’s decision was lawful and that they were right to treat the mother’s appeal as an infant class size appeal under Section 4 of the Schools Admissions Appeals Code 2012.  This decision was made for a number of reasons, including that the context of the Code suggested that infant class size limit was an important statutory policy, whilst the wording of the Code suggested that a panel is required to exercise a judgment as to what is to happen in the future.  (R DD) v Independent Appeal Panel of the London Borough of Islington and Another [2013] EWHC 2262 (Admin).

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.