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Admissions watchdog sides with school over fair banding row

Bosses of the Carlton Bolling, in Bradford, have now introduced the controversial practice for next year鈥檚 admissions
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The admissions watchdog has thrown out a council appeal to prevent a school from introducing fair banding over fears that it would 鈥渄eter vulnerable鈥 youngsters from applying.

Bosses of the , in Bradford, have now introduced the controversial practice for next year鈥檚 admissions. Under fair banding, schools admit a proportion of pupils from different ability groups based on a test.

The 鈥榦utstanding鈥 school said the move would boost the number of disadvantaged pupils it admits, but neighbouring heads said the change 鈥渟ystemically discriminates against certain groups鈥 鈥 forcing others in the area to take on more complex cohorts.

鈥楥orrecting anomalies鈥

Under Carlton Bolling鈥檚 plans, pupils will be split into nine ability bands. The number admitted from each band will match the proportion of applicants in that band.

Over 40 per cent of the school鈥檚 pupils are entitled to free school meals (FSM), 鈥渟ignificantly above鈥 the national average (25.7 per cent), but below the rate in its local community.

Adrian Kneeshaw
Adrian Kneeshaw

This results in its intake 鈥渘ot fully reflecting the socio-economic, academic and cultural diversity of the community we serve鈥, the school said.

Carlton Academy Trust CEO Adrian Kneeshaw, whose chain runs the secondary, said the school would normally receive 鈥900-plus鈥 applications for 鈥300 places鈥.

This meant places were issued in line with its oversubscription criteria, which 鈥渄isproportionately favoured those living very close to the school鈥. Those based elsewhere in the catchment area missed out.

鈥淔air banding is an attempt to correct these anomalies which disadvantaged [FSM] students in the school鈥檚 catchment,鈥 Kneeshaw said.

The school said applicants will instead be 鈥渃onsidered in relation to their peers within the same ability banding, rather than primarily determined by proximity鈥.

鈥楿苍蹿补颈谤鈥

However, 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.

Department for Education data suggests the number of pupils with prior low attainment in year 11 at Carlton Bolling is more than double that of high attainers.

By moving its admissions away from prioritising locality, more high-attaining pupils from outside the catchment area could win places 鈥 changing the current balance.

Bradford also added that making pupils do a test on a Saturday would also 鈥渄eter applicants from vulnerable groups鈥, something which it labelled 鈥渦nfair鈥. 

The authority also raised concerns that parents 鈥渕ay not receive timely information to access the test鈥 and that it could 鈥渉ave a negative impact鈥 on other schools nearby.

The plans were referred to the Office of the Schools Adjudicator (OSA).

However, adjudicator Philip Lloyd said the school has 鈥渢aken steps to ensure the banding arrangements are accessible to all pupils. I find that there is no evidence to suggest that children within the catchment area will be disadvantaged.鈥

He also said the council provided 鈥渘o evidence鈥 substantiating fears that the assessments will discourage vulnerable applicants.

Headteacher fears

But the case reignites concerns over the fairness of fair banding.

One Bradford headteacher said it is 鈥渟uch a big thing for schools to do [because] the people it keeps out are the parents who can鈥檛 go to an open evening and get more information鈥.

鈥淎 child whose parents can鈥檛 read or write [and] isn鈥檛 engaged with school is a small number, but it has a massively disproportionate impact on your progress scores,鈥 they added. 鈥淸Fair banding] systemically discriminates against certain groups.鈥

However, a similar OSA report last year ruled that Trinity Multi-Academy Trust鈥檚 use of fair banding at a secondary in Halifax was 鈥渂oth reasonable and fair鈥, dismissing Calderdale council鈥檚 concerns 鈥渁bout unfair discrimination鈥. 

Four schools in Bradford already use fair banding, including two that are run by Dixons Academies Trust. However, the trust removed fair banding at one of its schools last year.

It said this 鈥渨ill result in there being an increased chance of gaining a place for children who live in the local area鈥.

Dixons CEO Luke Sparkes added the trust is “clear-eyed that every admissions system has unintended consequences, and we continually review our approach to best serve the unique needs of each school’s community”.

School consults on fair banding removal

Meanwhile, Bradford Girls Grammar School is 鈥渃onsulting on the removal of fair banding鈥.

Carol Dewhurst, CEO of Bradford Diocesan Academies Trust, which runs the school, said the arrangement dates back to when it 鈥渙perated as an independent鈥.

Removing the tests will bring it 鈥渋n line with all the other academies in our trust鈥.

A Bradford council spokesperson pointed to the reduction in secondaries using fair banding, adding the authority “continue[s] to believe that children should have every opportunity to attend their local school based on a distance criteria policy”.

Datalab analysis produced for TES earlier this year found schools using fair banding had more pupils with higher attainment than their neighbouring schools that did not use it.

Jonny Uttley, CEO of the Education Alliance academy trust, said: 鈥淔air banding is a barrier to the government鈥檚 goals to have children attending their local school because it introduces factors other than locality.

鈥淚f the government wants to deliver real inclusion, then it must give consideration to how admissions currently work and should 鈥 give local authorities greater power around admissions.鈥

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