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Admissions watchdog rescinds fair banding approval

The controversial decision had allowed a school to introduce the practice
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A controversial decision allowing a school to introduce fair banding has been withdrawn by the admissions watchdog over allegations important evidence was ignored.

The ruled last week to throw out Bradford council鈥檚 appeal to prevent Carlton Bolling secondary from introducing the controversial practice.

But Schools Week has learned the watchdog has now taken the rare step to withdraw its decision, with the ruling disappearing from its website.

The Department for Education said the ruling would now 鈥渆ither be re-published and the parties notified, or the case will be assigned to a different adjudicator to consider whether this piece of evidence has any relevance鈥.

Under Carlton Bolling鈥檚 plans, pupils would take tests on a Saturday and be split into nine ability bands. The number admitted from each band would match the proportion of applicants in that band.

The 鈥榦utstanding鈥 school said its current admissions arrangement 鈥渄isproportionately favoured those living very close to the school鈥, which meant it took on fewer disadvantaged children. Fair banding would fix this.

But Bradford council said the arrangements would 鈥渞eflect the ability levels of those who apply鈥 and 鈥渘ot necessarily鈥 those living locally.

As the school was 鈥榦utstanding鈥, more higher-attaining than local pupils might apply.

Neighbouring heads also argued the change 鈥渟ystemically discriminates against certain groups鈥, forcing others in the area to take on more complex cohorts.

OSA had ruled to throw out appeal

However, adjudicator Philip Lloyd, in last week鈥檚 ruling, said the school had 鈥渢aken steps to ensure the banding arrangements are accessible to all pupils鈥.

He added there was 鈥渘o evidence to suggest that children within the catchment area will be disadvantaged鈥.

He also said Bradford provided 鈥渘o evidence鈥 to substantiate fears that the assessments would discourage vulnerable applicants.

DfE guidance states the 鈥渁djudicator鈥檚 decisions are binding and enforceable and can only be challenged by judicial review in the High Court鈥.

Trish D鈥橲ouza, a legal director at Browne Jacobson, noted that while OSA鈥檚 鈥減ublished process does not indicate it has the power to quash its own determination and reconsider this, all public bodies must exercise their decision-making discretion fairly and reasonably鈥.

If a public body 鈥渃onsiders that its decision was irrational or unreasonable in some way, that would, in public law practice, justify it retaking its decision鈥.

A Bradford council spokesperson confirmed it had been 鈥渋nformed by the schools adjudicator鈥檚 office that it has withdrawn the determination鈥. The authority had 鈥渘o further information at this stage鈥.

Carlton Academy Trust, which runs the school, declined to comment.

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