The five-year-old was denied a place at a Kent Roman Catholic primary school in March this year because the 30-pupil limit on the school's reception year was already filled.
But her lawyers argue the school took an overly-rigid approach to the class size policy and insufficient account of her parents' wish that she attend the nearest Roman Catholic school to her home.
And, after a brief hearing at London's high court, deputy judge David Pannick QC declared the parents' complaints 'arguable', granting permission for a full judicial review.
'The case seems to raise important issues concerning the proper interpretation of the relevant provisions of the 1998 School Standards Framework Act.'
The school is voluntary-aided, and sets its own admissions criteria. The school's appeal committee in May this year upheld the initial decision to refuse a place for the girl who lives in the Bromley area.
The family's solicitor is top civil rights lawyer, Jack Rabinowicz. No date has been set for the full judicial review hearing.
Strand News Service