Select Committee on Education and Skills Fifth Report


4 School Admissions

56. Our report on Secondary School Admissions was published in July 2004. It dealt with a contentious area of education policy, which has attracted much media attention recently. Indeed, at the time of our report, commentators reported "epic levels of anxiety" amongst parents attempting to secure a place for their child in the school of their choice.[48] Our report stressed that admissions arrangements need to be clear, fair and transparent in order to work for the benefit of all involved. We made a number of recommendations to ensure that acceptable admissions criteria were applied in maintained secondary schools and advocated legal changes to prevent those practices that the Government considers unacceptable.

57. The Government's response to our report was published in November 2004.[49] We were not satisfied with this response. The Government did agree to make minor changes to some parts of the admissions system and to strengthen its published guidance, but it was complacent regarding the extent to which its guidance on admissions was being followed. The evidence we had found to suggest that best practice is not being implemented in some areas was not taken seriously enough. Despite the Government's apparent commitment to parental choice in admissions to secondary school, we are concerned that the balance of power is slipping away from parents choosing schools for their children towards schools as admissions authorities choosing the children that they wish to admit. The root of the problem is the continuing shortage of places in schools which command the confidence of parents. Increased supply of good school places would reduce competition and disappointment. Our specific concerns with the admissions system relate to the continued use of unacceptable oversubscription criteria (i.e. the order in which children will be admitted if there are too more applicants than places); to the arrangements for ending selective admissions in a locality; to the status of the Government's Admissions Code of Practice;[50] and to the cost of appeals against admissions. We discuss these concerns below.

Oversubscription Criteria

58. In our report, the Committee listed what we considered to be acceptable admissions criteria for entry to oversubscribed secondary schools.[51] These included: children with a statement of special educational needs, or with a particular medical or social need; children in public care; children living near to the school; children whose siblings attend the school; children transferring from a feeder primary school. We offered this list as a model for schools' oversubscription criteria. We also called for the most important elements of the Admissions Code of Practice to be issued in the form of regulations, so that all admissions authorities would be required to follow it, rather than simply "having regard" to the relevant provisions.[52]

59. The Government rejected these recommendations, stating in its response that guidance was more appropriate than regulation, as it could more easily be adapted to local circumstances.[53] It did, however, agree to strengthen its guidance:

"We will, therefore, strengthen the next edition of the Code of Practice to emphasise the importance of all admission authorities following the advice. Following consultation with LEAs and schools, we will also include an annex of oversubscription criteria which reflect good practice and which Schools Adjudicators, who are required to have regard to the Code of Practice, could use in considering objections to admissions arrangements. This will make it clearer to admission authorities which admission arrangements are considered to be in the best interests of parents and children and which are not"[54]

60. We are not convinced that simply strengthening admissions guidance will eradicate the use of unacceptable oversubscription criteria. A number of specific admissions practices, about which the Government's response appears complacent, concern the Committee greatly. We now consider these in turn.

Partial selection

61. Partial selection forms part of the admission arrangements for an unspecified number of schools to select up to 50% of their intake on grounds of ability or aptitude. Schools which had these selection procedures in place in 1997-98, are permitted to continue to select pupils provided that there is no change in the methods of selection or the proportion of pupils selected.[55] Our inquiry revealed that the DfES holds no information on the arrangements that were in place in 1997-98, making it difficult for any objection against admission by partial selection to be investigated. We therefore recommended that the DfES undertake an immediate audit of schools selecting on this basis, to establish a baseline position from which schools adjudicators could work when investigating objections.[56]

62. In their response, the Government rejected this recommendation, stating:

"the Department does not have a reliable means of collecting data on partially selective schools. While schools might designate themselves as partially selective in the PLASC census, we have found in the past that this is unreliable […] where there is existing partial selection on the basis of academic ability, its continuance should be a matter for local discussion and resolution".[57]

This response misses the point. Partial selection introduced or increased since 1997-98 is unlawful, not a matter for "local discussion". The DfES needs to act to ensure that the facts are available when objections to partial selection are raised. Without this action, objections cannot be properly investigated by the schools adjudicator.

Aptitude tests

63. In our previous report we noted that specialist schools and other schools which declare themselves to have a specialism may select up to 10% of their intake on the basis of aptitude in their specialist area(s). This option is taken up by relatively few schools. The evidence we collected during our inquiry from distinguished academics in the field led us to doubt that aptitude can reliably be distinguished from ability at the age of 11 in many subjects, although we are aware of views to the contrary.[58] Indeed, the range of subjects in which aptitude testing is permitted is restricted by the Government on this basis. We also found no evidence to suggest that children selected by aptitude achieve better results than their peers who were not selected in this manner. We therefore recommended that the facility for specialist schools to select pupils by aptitude for their specialism be withdrawn.

64. The Government rejected this recommendation, arguing in their response that selection by aptitude would increase choice by enabling "young people with particular gifts and talents to have direct access to high quality specialist provision where oversubscription criteria might otherwise have ruled them out".[59] This argument does not stand up to scrutiny. By reserving places in an oversubscribed school for those with a particular aptitude, the Government is denying choice and "high quality provision" to a corresponding number of parents who would have otherwise been able to obtain a place under the school's oversubscription criteria. These children are not tested for aptitude and so we cannot know whether they might also have benefited from any specialist teaching available. Overall, choice is not increased. Rather, the power to choose is shifted away from parents and towards the school itself, which now selects a portion of its intake.

65. As noted above, the recent Ofsted report on specialist schools found that achievement in subjects outside the focus area often outstripped that within the specialism. It also concluded that provision for gifted and talented pupils was patchy overall and unsatisfactory in one fifth of technology, language and arts schools.[60] This casts further doubt on the assertion that pupils with an aptitude for a particular subject would be likely to achieve more highly in a school with a specialism in that subject.

66. In their response, the Government agreed to "withdraw the option for schools to introduce selection by aptitude in design technology and/or information technology", whilst allowing those schools that currently select in this subject area to continue to do so.[61] We consider this a very minor concession. The facility for specialist schools to select a proportion of their intake shifts the balance from parents choosing schools to schools choosing pupils. Allowing selection in these schools undermines the Government's claim that the Specialist Schools programme is a "mass movement for school improvement",[62] intended to raise standards across the curriculum.

67. The Committee is disappointed that the Government has not acted to withdraw the facility for specialist schools to select a proportion of their intake. If the Government does not wish to withdraw this facility, it should publish evidence to show that pupils selected in this manner perform better than their peers in other schools and also achieve more highly than pupils in their school who were not selected by aptitude.

Structured discussions and interviews

68. The School Admissions Code of Practice seeks to prevent the use of interviewing for admission to most publicly funded schools. During our inquiry, we found that a small number of City Technology Colleges (CTCs) were nonetheless allowed to use 'structured discussions' in their admissions arrangements, involving a dialogue between CTC staff and applicants. We could see no valid distinction between 'structured discussions' and well conducted interviews. We therefore recommended that guidance on structured discussions be brought into line with that on interviews and that the funding arrangements for CTCs be altered to reflect this.

69. In their response to our report, the Government stated:

"The Government has made clear in the Code of Practice on School Admissions that no child should be subject to interview as part of the admission process. The measures allowing the use of structured discussions are to satisfy the funding agreements of City Technology Colleges. […] We want all CTCs to become Academies and some are now doing so: one has already converted and a further five expect to convert by September 2005, with others seriously considering conversion. The Government believes that this is the best route to ensuring that CTCs come within the same admissions framework as Academies and maintained schools."

70. We understand the Government's response to be a tacit admission that 'structured discussions' are not acceptable admissions arrangements and, further, that the place of CTCs in the state secondary system must be reconsidered. We urge the DfES to ensure that all CTCs are brought within co-ordinated admissions arrangements as soon as possible.

Grammar school ballots

71. The Government continues to be unwilling to engage in the debate over selection. On the very first page of its Five Year Strategy, the Secretary of State for Education dismisses the continuing debate on the merits of selective and non-selective admissions systems as irrelevant, claiming that "the debate was still about types of school rather than standards".[63] Responsibility for ending selective admissions arrangements, where they exist, has been placed squarely on local communities via a local balloting mechanism. Only one ballot to end selection has so far been held, which was lost.[64]

72. In our report we found that the current ballot arrangements for ending selection in an area were clearly inadequate and effectively unwinnable. Although it acknowledged some weaknesses in the arrangements for grammar school ballots, the Government rejected our recommendation that the current mechanism should be withdrawn, saying in its response:

"The Government acknowledges that the expenses incurred in setting petition thresholds have been substantial, and that there have been occasions when there have been requests to set petition thresholds without reference to local demand. However, it is right that a mechanism exists to allow local people to effect change and we do not agree that parents should be denied the opportunity to make these decisions through a withdrawal of the system."[65]

73. We accept and share the Government's view that local parents should determine what kind of schools they want their children to attend. We have never proposed the contrary. It is crucially important that all local parents should have the opportunity to express their opinion on this matter. Yet the current ballot arrangements do not offer them this opportunity. As it stands, the ballot question solely relates to the admissions arrangements of one or more specified grammar schools and does not offer a practical model for local schools after any change is implemented. The electorate includes parents whose children are nearing the end of secondary education, but excludes those with younger children who may have a greater stake in the future of education in their community. Ballots are expensive and difficult to organise and the requirements for petitioners overly exigent. It is for these reasons that the Committee has stated that the present ballot arrangements "ask the wrong question of the wrong people".[66]

74. The current arrangements for grammar school ballots demonstrate that the Government is not prepared to give all local parents a genuine opportunity to express an opinion on the kind of schools they want their children to attend. The present system does not work. It should therefore be withdrawn and replaced with new arrangements. The Government should consider commissioning a specialised study to determine more appropriate ballot arrangements.

75. For some time, the current Government has largely managed to sidestep the issue of selection. This strategy has helped it to avoid the political consequences of endorsing either grammar school or comprehensive secondary education. It is of little help to parents with a genuine wish to change the admissions arrangements in their area. Whilst this issue does not currently have a high profile nationally, falling rolls mean that in selective areas, an ever-increasing proportion of children are being selected by grammar schools, who choose a fixed number of pupils each year. This must eventually have significant consequences for education in selective areas, which national Government will no longer be able to ignore.

School Admissions Code of Practice

76. Admissions arrangements are guided by the Government's School Admissions Code of Practice and policed by the Schools Adjudicator. When setting their oversubscription criteria, admissions authorities must "have regard" to the provisions set out in the Code. If a school is thought to be adopting unfair admissions arrangements, in contravention of the Code, an objection can be made to the Adjudicator who will make a judgement on the matter. It is noteworthy that objections must be brought against each school individually; they must be brought by those closely involved in the school's admissions arrangements (e.g. LEAs, primary schools or parents applying for a place for their children); and that decisions reached through adjudication may be challenged after a period of two years.

77. The Committee is firmly of the opinion that the School Admissions Code of Practice should be given more legal force. The current situation, where schools are required to "have regard" to this guidance is unacceptable. As a result, many schools do not comply with what the Government considers best practice. The Government rejected this view in its response to our report, saying: "the Government believes that guidance, supported by the independent adjudicator system, does have power and will respond positively to the Committee's suggestions on strengthening the guidance".[67] It also said that the system of adjudication was working well: "the Government does not believe that the existing system is adversarial. All parties can see which arrangements are not in line with the Code of Practice and are required to have regard to that advice".[68]

78. The Government's claim that the current system is not adversarial was thrown into doubt recently, with the case of the London Oratory School. This school was continuing to use interviews as part of its admissions arrangements. An objection was made and upheld by the Schools Adjudicator. The school then appealed against this judgement in the High Court. It argued that it had "had regard" to the Government's guidance on admissions, but that it considered itself to be a special case and that interviewing was vital to preserve the Catholic ethos of the school. The London Oratory won its appeal and resumed interviewing. As with most litigation, this case was both adversarial and stressful for those involved. It again seems to shift the balance of power from parents choosing schools to schools choosing parents, which runs counter to the Government's stated objectives for the admissions process.[69]

79. The London Oratory case is a recent example of what has been evident for some time: legally, schools do not have to comply with Government guidance on admissions. For example, the following judgement on the status of the School Admissions Code of Practice is taken from a High Court case brought by the Metropolitan Borough of Wirral in the year 2000:

"[Wirral, the plaintiff] submitted that Parliament intended to do more than simply to draw the attention of adjudicators to the statements in the code and require them to be aware of it. He submitted that the requirement to have regard to the code meant that the code ought to be given substantial weight, and its approach ought to be implemented unless there was clear reason to diverge from it […] In my judgement, that underlying submission is wrong. The duty is as set out in the statutory language. It is to have regard to the code. It is not a duty to apply the code. Of course, if there is specific guidance in relation to a particular problem and that guidance is not followed, the duty to give reasons would necessarily entail that reasons be given for that exceptional approach being adopted. But, as I have said, it is inherent in the function of the code and in the breadth of its language that in requires considerable judgement on the part of an LEA or adjudicator as to its application and as to the balance to be struck between the competing considerations which it contains". [70]

80. The requirement for a formal objection to be made before the Schools Adjudicator can investigate admissions arrangements further jeopardises the spread of good practice in this area. The evidence we took during our inquiry suggested that objections are not always made, even when unfair oversubscription criteria are in place. For example, during the Committee's visit to Slough, the Head of Langley Grammar school gave evidence to the effect that looked after children were not given priority in admission to the school and that this had never been the subject of an objection, although the school had been the subject of adjudication for other parts of its admissions arrangements.[71]

81. Our evidence demonstrates that the Government cannot rely on objections being brought every time admissions authorities adopt unfair oversubscription criteria. The question therefore is whether the Schools Adjudicator should have the power to investigate admissions arrangements on his or her own initiative.

Appeals

82. In our report, we expressed our concern over the rising number of appeals mounted against admissions decisions and the cost of this process. Although some LEAs were able to produce figures quantifying the cost of admissions appeals at our request, others were not and the DfES holds no data centrally. In its response, the Government stated:

"we do not have firm data on the costs of implementing school admissions policy because the administrative costs are not disaggregated in LEA outturn statements. However, the Government will consider whether this information can be collected without placing undue burdens on LEAs and schools."[72]

83. We urge the DfES to press ahead with work to monitor the cost of admissions appeals. This work would enable us to put a price on the failures of the current admissions system.

Co-ordinated Admissions

84. Although there is much to disappoint us in the Government's response to our report on admissions, we do welcome its moves towards a co-ordinated admissions system. This system should reduce the number of children left without the offer of a place and remove much stress and concern on the part of their parents. Nevertheless, the work required to put in place such a system and to ensure its smooth functioning is not inconsiderable. The new co-ordinated admissions system in London issued offers for the first time shortly before the publication of this report. We will monitor the outcome of this project.

The Rhetoric of Choice

85. We have laid out above a number of specific concerns about the operation of school admissions, but we would also urge caution in the Government's use of the rhetoric of choice. Too often, the admissions system is assumed to give parents a choice. For example, in its response to the Committee's report, the Government states: "Admissions law is underpinned by parental preference and the Government continues to believe that it is for parents to make choices about which school is best for their child.".[73] This sentence confuses the expression of preference with the ability to secure a choice. In oversubscribed schools, the satisfaction of one person's choice necessarily denies that of another. What is being sought is the satisfaction of parental preference. Open, clear and fair arrangements to determine the order in which parental preferences will be met is the best way of achieving that aim. Our inquiry has focused on the legal, regulatory and administrative arrangements for school admissions. However, these are second to the overriding necessity to ensure that all schools are good enough. All parents want a place in a 'good school' for their child, although they apply different criteria when judging a school's value. In circumstances where a number of schools are perceived by parents to be of comparable standards, parents may prefer a particular school for reasons of ethos, specialism or location for example, but may be reasonably happy if their first preference is not met. In contrast, where schools are perceived to be of very different standing, competition for places at the better schools can be fierce. We recommend that further options for the creation of more places in 'good' schools be explored.


48   Secondary Education: School Admissions, paragraph 16. Back

49   The Government's Response to the Education and Skills Committee's Report on Secondary Education: School Admissions, Cm 6349, November 2004. Back

50   Department for Education and Skills, School Admissions Code of Practice and School Admissions Appeals Code of Practice, February 2003. Back

51   Paragraph 100. Back

52   Paragraphs 48 and 60. Back

53   p 3 Back

54   p 5 Back

55   1998 School Standards and Framework Act, S 99, prevents schools using selection unless they are grammar schools, or fall into one of the exemption categories. S 100 sets out the exemption under pre-existing selective arrangements: "(1) Where at the beginning of the 1997-98 school year the admission arrangements for a maintained school made provision for selection by ability or by aptitude (and they have at all times since that date continued to do so), the admission arrangements for the school may continue to make such provision so long as there is, as compared with the arrangements in force at the beginning of that year (a) no increase in the proportion of selective admissions in any relevant age group, and (b) no significant change in the basis of selection." Back

56   Paragraph 202 Back

57   p 20 Back

58   Secondary Education: School Admissions, 58-I, paragraphs 195-201. Back

59   p 19 Back

60   p 3 Back

61   Ibid, Page 19 Back

62   The Government's Response to the Education and Skills Committee's Report on Secondary Education: School Admissions, page 18. Back

63   p 3 Back

64   In 2000, parents voted to retain selection in Ripon. Back

65   p 21 Back

66   Chapter 5. Back

67   p 3 Back

68   p 5 Back

69   Uncorrected transcript of oral evidence given by Rt Hon Ruth Kelly MP, Secretary of State for Education and Skills, to the Education and Skills Committee, on 2 March 2005. To be published as HC 405. Qq 14 and 73. Back

70   Metropolitan Borough of Wirral v The Chief Schools Adjudicator, High Court, 14/12/2000, paragraphs 74-75, emphasis added. Back

71   Secondary Education: School Admissions, HC 58-II, Q 845. Back

72   Page 16 Back

73   Page 11, emphasis added. Back


 
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