Four-year-old Malachi Walker lives only 300m from Weston Shore Infant School in Southampton.

However, the council says because Malachi lives on the 13th floor his front door is too far away from the school.

The decision, which his mum describes as ludicrous, means he must now walk to a school more than half-an-hour away.

"It's just silly," says his mother

His mother, Julie said: "I phoned up in tears, you know, why can't my son go to the school - all his friends are going to that school.

"They just said it's because we live on the 13th floor and we're classed as living further away.

"I think it's pathetic, I think it's stupid and I think it's ludicrous.

"We don't live further away, we share the same postcode and that's it - it's just silly."

A spokeswoman for Southampton City Council said: "It is nationally accepted that flats higher up tower blocks are further away than those at the bottom - it may seem harsh but that is standard practice according to guidelines.

"In Malachi's case, there was an appeal against the decision, which was fully considered by an independent appeals panel but dismissed.

"This acts as a safety net, and confirms that the decision taken was, in the circumstances, correct."