London borough ordered to review primary school admissions policy over age and race concerns

The decision follows legal action brought by Simpson Millar on behalf of a local father whose youngest child was refused a reception place at a Waltham Forest primary school attended by their older sibling. 

The law firm stated: “Under Waltham Forest’s admissions policy, children could have to attend a different school from their older siblings if the families had moved more than half a mile away from the school.”

It was argued that white British residents in the local authority are disproportionately more likely to be home owners than white, non-British or non-white residents, and less likely to live in private rented accommodation.

The school’s adjudicator concluded that the admissions criteria for Community and Voluntary Controlled Primary Schools in Waltham Forest violated the School Admissions Code due to “indirect discrimination”.

The adjudicator noted that non-white applicants are more likely to be in privately rented accommodation, temporary housing, or otherwise less secure in their accommodation than white British applicants, who are more likely to be owner-occupiers or accommodated in social housing with security of tenure.

Therefore, white British applicants are “more likely to have to change their accommodation and will have less choice as to the accommodation they move to”, the adjudicator found.

The adjudicator said: "Those privately renting could be classed as social group in themselves, but in addition in the London Borough of Waltham Forest (and most other London boroughs) those privately renting are likely to disproportionately come from particular racial and ethnic groups, most obviously those of European heritage. They will be indirectly disadvantaged, because (as set out above) private renters are more likely to need to make involuntary moves. One should of course add that, in addition to the correlation with race, those privately renting are as a group likely to on average have lower socio-economic status than those who are not."

Dan Rosenberg, Education Partner at Simpson Millar, who represented the family during the legal challenge said: “It is deeply concerning that a local authority has been found to be operating admissions criteria for its primary schools that indirectly discriminates against younger parents and children whose parents are not white British.

“It would appear that the council has given no thought to the discriminatory effects of its policies.”

He added: “Life is hard enough for families privately renting in London, or homeless families in temporary accommodation. Parents can’t be in two places at once at school drop-off time. Many families are forced to move through no fault of their own, and they should not be penalised in this way, with all of the adverse consequences for their children and their stability.”

A council spokesperson said: “We work hard to ensure children receive a place in their preferred primary schools. In 2024, nearly 93 per cent of Waltham Forest pupils received an offer for their first choice of primary, and 99 per cent were allocated a place in a school of their preference. The council is considering the OSA’s decision.”

Lottie Winson