A dispute over places in primary schools has reached the High Court.

Surrey County Council wants the court to overturn decisions by admissions appeals tribunals which would require schools to break the maximum class size limit for infants.

The government has set an upper limit of 30 pupils per class for five, six and seven year olds.

Surrey County Council is calling on the court to prevent appeals tribunals from requiring schools to admit pupils which would break this upper limit.

The council says that five children have been given places by appeals tribunals which will mean exceeding class size limits at three schools.

More disputes

Parents whose children have been rejected from their preferred schools can apply to appeals tribunals for the decision to reviewed.

But the council wants to clarify whether this right to an appeal can overrule the government's own limits on class sizes.

Admissions disputes have risen sharply in recent years, with more parents appealing when they fail to find a place in the school of their choice for their children.

Where schools are over-subscribed and competition for places is keen, schools allocate places on grounds such as how close children live to schools or whether they have siblings at the school.

Class size has been used as a reason for rejecting pupils - and Surrey County Council now wants to establish whether its schools can be over-ruled by appeals tribunals on this point.