More infants taught in 'illegal' classes of 30, figures show

In a further blow to Labour’s education legacy, it emerged that some 2.5 per cent of all classes for five- to seven-year-olds now contain at least 31 pupils.

This compares with 1.8 per cent a year earlier and 1.3 per cent in 2007.

The disclosure comes despite the introduction of legislation by the last Government banning lessons above 30 for all infants in English primary schools.

It is feared that the youngest children are overwhelmed in large classes and fail to get the one-to-one attention they need to develop.

But data published today by the Department for Education shows 43,065 infants were taught in huge classes this January, up from 31,265 last year and 23,210 in 2007.

In most cases schools were granted permission to squeeze more pupils into already “full” classes because of a shortage of places in the local area.

It came as separate figures showed the number of parents appealing against primary places rocketed by 10 per cent last year, suggesting more families are fighting to force their way into the most sought-after schools.

Nick Gibb, the Schools Ministers, said: "It is clear that rising birth rates are increasing demand and pressure on primary places, with more parents unhappy with the lack of choice open to them.

"The education system has rationed places in good schools for too long, which is why our reforms are designed both to drive up standards in the weakest performers and allow more children to go to the best."

Figures published today by the Department for Education revealed the number of pupils being taught in English state schools in the current academic year.

According to figures, average class sizes across primary education are up this year, although numbers fell in secondary schools.

Data shows:

• The average infant class size stood at 26.9, up from 26.6 a year earlier;

• 2.5 per cent of infant classes were above 30;

• Some 0.6 per cent were “illegally” large – twice as many as last year – while the remaining 1.9 per cent were permitted under rules that allow schools to exceed the limit in exceptional circumstances;

• The number of seven- to 11-year-olds in the average Key Stage 2 class reached 26.6, up from 26.4 in 2010;

• Some 38,000 primary school pupils out of 3.8m were taught in classes of at least 36 children, although it was a slight drop on a year earlier;

• Secondary school classes contained an average of 20.4 pupils, compared with 20.5 in 2010.

Separate figures showed 42,070 appeals were lodged against primary school admissions in 2009/10, a 10.5 per cent rise on the 38,080 appeals in 2008/09.

The number of appeals against primary places has now almost doubled since 2005/06, when they stood at 21,995, suggesting that parents are increasingly unlikely to accept school admissions rulings.

Appeals against secondary schools dropped from 50,195 to 43,095, probably reflecting a drop in the size of the year group.

Of those cases heard by independent panels, 24.5 per cent of primary appeals were successful, compared with 34.4 per cent of secondary hearings.