A controversial decision allowing a school to introduce fair banding has been withdrawn by the admissions watchdog over allegations important evidence was ignored.
The Office of the Schools Adjudicator (OSA) ruled last week to throw out Bradford council’s 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 “either 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”.
Under Carlton Bolling’s 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 ‘outstanding’ school said its current admissions arrangement “disproportionately favoured those living very close to the school”, which meant it took on fewer disadvantaged children. Fair banding would fix this.
But Bradford council said the arrangements would “reflect the ability levels of those who apply” and “not necessarily” those living locally.
As the school was ‘outstanding’, more higher-attaining than local pupils might apply.
Neighbouring heads also argued the change “systemically discriminates against certain groups”, 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’s ruling, said the school had “taken steps to ensure the banding arrangements are accessible to all pupils”.
He added there was “no evidence to suggest that children within the catchment area will be disadvantaged”.
He also said Bradford provided “no evidence” to substantiate fears that the assessments would discourage vulnerable applicants.
DfE guidance states “adjudicator’s decisions are binding and enforceable and can only be challenged by judicial review in the High Court”.
Trish D’Souza, a legal director at Browne Jacobson, noted that while OSA’s “published 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”.
If a public body “considers that its decision was irrational or unreasonable in some way, that would, in public law practice, justify it retaking its decision”.
A Bradford council spokesperson confirmed it had been “informed by the schools adjudicator’s office that it has withdrawn the determination”. The authority had “no further information at this stage”.
Carlton Academy Trust, which runs the school, declined to comment.
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