Fraser and Karina McGruer, pictured with daughter Olivia, want their summer born sons Louise (front left) and Alistair (right) to start in reception class in September . A father has claimed a lack of common sense is preventing his twin boys from starting school a year later because they were born in late August. Fraser McGruer’s boys Alistair and Louis turned four last summer but they put off joining lessons because they were too young. Now they have been told that when they start school in September this year after reaching the legal age for compulsory education, they will have to go straight into Year One and not join reception classes with pupils just weeks younger than them. Mr McGruer claims Hertfordshire County Council is either ‘unaware of or ignoring’ government guidelines in which ministers make clear children’s interests must come first. The Department for Education issued guidance to schools and councils in July 2013 and last December making it clear that there is no rule stating that a child has to be in the right school cohort for their age group. Summer-born children can wait until the September after their fifth birthday if their parents feel they need more time to develop. And it suggests delaying the start of school by 12 months should be 'no barrier' to the child then starting in reception class. Last Wednesday schools minister Nick Gibb backed parents who have called for their children to delay entering classroom, telling councils and headteachers to do 'what's in the best interests of the child'. But on the same day as Mr Gibb addressed MPs, Hertfordshire County Council wrote to the McGruer family to say Louis and Alistair would not be able to join the reception class in September. The brothers were born on August 22, 2010, some 11 weeks premature. They were due in November, which would have put them in the following school year starting in September 2015. Mr McGruer and his wife Karina, who also have a daughter Olivia, 6, have carried out their own research into summer born children and education start dates. Louis and Alistair both currently attend Flying Start Montessori Nursery, Sawbridgeworth. Two years ago they asked the council to delay the boys’ start date for a year, but still in reception. But last week the request was rejected, and the boys have been told they must go into Year 1 in September 2015 or they risk losing a school place at Mandeville Primary School where they originally applied. They have since changed the application to Spellbrook Primary School in Bishop’s Stortford. Mr McGruer told MailOnline: ‘Academically and emotionally, the boys are nowhere near ready to start year one – they would effectively be a year younger than many of their classmates . ‘We have produced large amounts of evidence from professionals involved in our children’s lives, supporting our case, but the local authority has dismissed it.’ The McGruers have been told they must start in Year One. They have since applied to attend Spellbrook Primary School in Bishop’s Stortford . He claims the council’s actions ‘clearly contradict’ the guidelines set out by the Department for Education and is calling for a rethink as a matter of urgency. ‘Despite the ins and outs of the issue, the basis of our request is very simple: our sons were born 11 weeks early, this should be acknowledged in the admissions process,’ said Mr McGruer, a filmmaker and photographer. ‘I think this is common sense coming up against a ‘computer says no’ attitude from Hertfordshire County Council. ‘Up and down the country, Local Authorities are either unaware of or ignoring the guidelines set down by the government at a national level. ‘The school we have applied to – Spellbrook Primary School – have indicated they understand our situation and are ready to accept the boys as we are requesting - if the places are allocated by the Hertfordshire County Council.’ A spokesman for the local authority said: 'The county council’s policy, as the admissions authority for community and voluntary controlled schools in Hertfordshire, is that all children should have a school place in the September following their fourth birthday. 'However, requests for children to be admitted out of year group are made on an individual basis taking into account all relevant information. 'The application for Alistair and Louis McGruer was considered in line with our published admissions policy. The evidence submitted was not ignored but carefully considered by a panel of officers.' Education minister Nick Gibb backed parents who have called for their children to delay entering classroom, telling councils and headteachers to do 'what's in the best interests of the child' Department for Education guidance allows parents to delay their child's schooling until the September after their fifth birthday. This policy, updated last spring, is designed to help children with birthdays between April 1 and August 31. This is because because experts believe they are more likely to struggle academically if they start school after just turning four. The Department for Education guidance says: ‘An increasing number of cases have come to the attention of the department and ministers in which parents, local authorities and admissions authorities have struggled to agree on the year group in which it is most appropriate for a summer-born child to start school. 'There are no statutory barriers to admitting a child of five to a reception class'. But some campaigners say years of unclear and conflicting government advice on the policy has allowed schools and councils to use a loophole to push these children into Year 1 to ease pressure on places in reception. New government guidelines was introduced after research showed summer born children were more likely to struggle at school, do worse in exams and have less chance of getting into university. But some councils are still sending youngsters straight into Year 1 if their parents hold them back unless they can prove there were 'exceptional' circumstances. Mr Gibb told MPs that there had to be 'flexibility' from schools and councils when agreeing the start date for children who turn four just weeks before the start of the school year. Giving evidence to the education select committee, he said: 'The key thing is flexibility, and I think that admissions authorities and headteachers do need to do what's in the best interests of the child.' He added: 'If a child is very immature for their age and they are born in those summer months, and it's the very strongly held view of the parents that the child should start school in the following September, which is when the law says they should start, I think admissions authorities should be flexible and should do what's in the best interests of the child.' He stressed that councils mist include parents in discussions about when their children start school. But Michelle Melson, of the Summer Born Campaign, claimed that problems in arranging different school start times have worsened . She told the committee: 'We do have a compulsory school age in England, so children should be able to start at compulsory school age.' She added that summer-born babies who do start school after they are five are starting at compulsory starting age and should not miss out on reception by being placed straight into Year 1. 'Parents are being forced to enrol their child in school early, prior to compulsory school age, in order to have a reasonable chance of getting a place in their preferred schools.'
Fraser McGruer says Hertfordshire Council is at odds with guidelines . Alistair and Louis turned four last summer but they put off joining lessons . Now they have been told they will have to start in Year One in September . Government says: 'No barriers to admitting child of five to reception class'
Minister Nick Gibb says councils must do the right thing for children .