The admissions watchdog has thrown out a council appeal to prevent a school from introducing fair banding over fears that it would “deter vulnerable” youngsters from applying.
Bosses of the Carlton Bolling, in Bradford, have now introduced the controversial practice for next year’s admissions. Under fair banding, schools admit a proportion of pupils from different ability groups based on a test.
The ‘outstanding’ school said the move would boost the number of disadvantaged pupils it admits, but neighbouring heads said the change “systemically discriminates against certain groups” – forcing others in the area to take on more complex cohorts.
‘Correcting anomalies’
Under Carlton Bolling’s 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’s pupils are entitled to free school meals (FSM), “significantly above” the national average (25.7 per cent), but below the rate in its local community.
This results in its intake “not fully reflecting the socio-economic, academic and cultural diversity of the community we serve”, the school said.
Carlton Academy Trust CEO Adrian Kneeshaw, whose chain runs the secondary, said the school would normally receive “900-plus” applications for “300 places”.
This meant places were issued in line with its oversubscription criteria, which “disproportionately favoured those living very close to the school”. Those based elsewhere in the catchment area missed out.
“Fair banding is an attempt to correct these anomalies which disadvantaged [FSM] students in the school’s catchment,” Kneeshaw said.
The school said applicants will instead be “considered in relation to their peers within the same ability banding, rather than primarily determined by proximity”.
‘Unfair’
However, Bradford council said the arrangements would “reflect the ability levels of those who apply” and “not necessarily” 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 – changing the current balance.
Bradford also added that making pupils do a test on a Saturday would also “deter applicants from vulnerable groups”, something which it labelled “unfair”.
The authority also raised concerns that parents “may not receive timely information to access the test” and that it could “have a negative impact” on other schools nearby.
The plans were referred to the Office of the Schools Adjudicator (OSA).
However, adjudicator Philip Lloyd said the school has “taken 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.”
He also said the council provided “no evidence” 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 “such a big thing for schools to do [because] the people it keeps out are the parents who can’t go to an open evening and get more information”.
“A child whose parents can’t read or write [and] isn’t engaged with school is a small number, but it has a massively disproportionate impact on your progress scores,” they added. “[Fair banding] systemically discriminates against certain groups.”
However, a similar OSA report last year ruled that Trinity Multi-Academy Trust’s use of fair banding at a secondary in Halifax was “both reasonable and fair”, dismissing Calderdale council’s concerns “about unfair discrimination”.
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 “will result in there being an increased chance of gaining a place for children who live in the local area”.
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 “consulting on the removal of fair banding”.
Carol Dewhurst, CEO of Bradford Diocesan Academies Trust, which runs the school, said the arrangement dates back to when it “operated as an independent”.
Removing the tests will bring it “in line with all the other academies in our trust”.
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: “Fair banding is a barrier to the government’s goals to have children attending their local school because it introduces factors other than locality.
“If the government wants to deliver real inclusion, then it must give consideration to how admissions currently work and should … give local authorities greater power around admissions.”
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