Schools Adjudicator's decision - Nigel Martin
Schools Adjudicator's decision - Nigel Martin
Schools Adjudicator's decision - Nigel Martin
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DETERMINATION<br />
Case reference:<br />
Objectors:<br />
Admission Authority:<br />
ADA/001574 and ADA/001624<br />
Parents & Durham County Admissions Forum<br />
Durham County Council<br />
Date of <strong>decision</strong>: 15 July 2009<br />
Determination<br />
In accordance with section 88H(4) of the School Standards and<br />
Framework Act 1998, I uphold the objections lodged by parents and the<br />
Admissions Forum.<br />
I determine that for September 2010, 2011 and 2012 admissions, the<br />
oversubscription criteria for Community and Voluntary Controlled<br />
<strong>Schools</strong> maintained by Durham County Council, including Durham<br />
Johnston School, should be as set out in annex 2 to this determination.<br />
The Referral<br />
1. The parents referred an objection to the Adjudicator about the admission<br />
arrangements (“the arrangements”) for Durham Johnston (“the School”), a<br />
community secondary, for September 2010. Shortly afterwards the County<br />
Durham Admissions Forum referred a similar objection to the<br />
arrangements for the same school. The oversubscription criteria as<br />
determined by the admission authority are set out in annex 1. The<br />
objection is to the <strong>decision</strong> to give priority to children attending certain<br />
feeder schools to the disadvantage of children for whom the school is<br />
nearer.<br />
Jurisdiction<br />
2. These arrangements were determined under section 88C of the School<br />
Standards and Framework Act 1998 (“the Act”) by Durham County Council<br />
(“the LEA”), which is the admission authority for the school. The first<br />
parental objection was submitted on 28 th April 2009; other parents<br />
subsequently associated themselves with it citing similar grounds. The<br />
Admissions Forum’s <strong>decision</strong> to make a formal objection was made at its<br />
meeting on 2 nd June and communicated to me by letter from the Chair on<br />
9 th June. I am satisfied that these objections have been properly referred<br />
to me in accordance with section 88J(2) of the Act, and that they fall within<br />
my jurisdiction.
Procedure<br />
3. In coming to my conclusions, I have had full regard to the Act and<br />
Regulations made thereunder, the <strong>Schools</strong> Admissions Code (“the Code”)<br />
and all the evidence presented so far as it is relevant to the objection. I<br />
have also had regard to the relevant provisions of the Sex Discrimination<br />
Act 1975; the Race Relations Act 1976; the Disability Discrimination Act<br />
1995; and the Human Rights Act 1998.<br />
4. The documents I have considered in reaching my <strong>decision</strong> include:<br />
• the Parents’ letters of objection of 28 th April and 12 th May;<br />
• the Admissions Forum’s letter of objection and supporting<br />
documents;<br />
• the response from the Local Authority to the objection and<br />
supporting documentation;<br />
• Further representations from parents and members of the<br />
community (including Durham County Councillors) in response<br />
to my invitation to comment;<br />
• the Council’s booklet for parents seeking admission to schools in<br />
the area in September 2009;<br />
• Maps of the area identifying relevant schools;<br />
• The determination made by the then Chief Adjudicator following<br />
previous objections to the admissions arrangements of the same<br />
school (ADA/001246 -1249, 1267 & 1279; 9 th July 2008).<br />
• Notes of a public meeting held by the former Chief Adjudicator<br />
and other papers relating to those cases.<br />
5. I have also taken account of information received during a meeting I<br />
convened on 19 th June at Durham County Hall and a tour of the areas<br />
serving the School and its proposed feeder primary schools. The meeting<br />
was attended by the objectors (a parent and the Admissions Forum) and<br />
representatives of the County Council and the School.<br />
6. I became aware that, whilst this objection had been initiated by some<br />
parents, on the evidence of the previous adjudication, there were likely to<br />
be other parents who took a contrary view. I therefore sent a letter via<br />
‘pupil post’ in the named feeder primary schools inviting comments on the<br />
objection.<br />
7. By the closing date I specified there had been 59 responses. Of these:<br />
• 46 were clearly in favour of the feeder primary criterion, giving<br />
reasons which have been repeated many times (e.g. historical<br />
promises, being misled by the council, majority of consultation<br />
responses in favour of feeders, community cohesion, disadvantage<br />
to rural areas, keeping friends together through the traumatic<br />
transfer, etc).<br />
• 2 were against the feeder primary criterion, for reasons similar to<br />
the parental objectors.
• 3 were framed in such a way that it was not clear whether they<br />
supported the feeder primaries or not although they alluded to<br />
some of the issues mentioned by many of the other respondents.<br />
• 3 were replies on behalf of the organised groups which had<br />
participated in the previous adjudication (all in favour of feeder<br />
primaries).<br />
• 1 was from the local MP (in favour of feeder primaries).<br />
• 4 made comments about other aspects of the arrangements (1<br />
objected to the sibling link criterion, 3 objected to the fact that the<br />
distance tie break measured distance from the feeder primariy<br />
rather than from Durham Johnston School).<br />
8. I have taken these comments into account. Some further responses<br />
arrived after the closing date including a letter from Shincliffe Parish<br />
Council and I have also taken these into account.<br />
9. In addition to investigating the matters raised by the objector(s) I have also<br />
reviewed the admissions arrangements as a whole and considered<br />
whether I should use my power, under section 88J(2) of the Act. I am<br />
using my powers under the Act to make further changes to the<br />
arrangements.<br />
Context<br />
Background<br />
10. Durham Johnston School is a large, popular secondary school on the<br />
outskirts of Durham. It serves an area within the City and a number of<br />
villages to the South. The school is (until the end of the current school<br />
year) based on two sites: a main site at Crossgate Moor and an annex at<br />
Whinney Hill. In 2005, it was agreed to close the Whinney Hill site and<br />
embark on a major building project to allow all the teaching to be<br />
consolidated on the Crossgate Moor site. The building work is now<br />
complete and the school will vacate the Whinney Hill site before<br />
September 2009.<br />
11. Up to the current year (for admission in September 2009), with the<br />
exception of Durham Johnston, secondary schools in the County have had<br />
admission arrangements that, after children in public care, were mainly<br />
based on giving priority to children living in ‘associated transport areas’.<br />
These are defined as ‘an area which is over two miles from the nearest<br />
school and from which the Authority provides designated transport to the<br />
preferred school in order to limit travel costs.’ The tie-breaker was ‘Pupils<br />
who live nearest to the preferred school’. Distance is assessed using a<br />
Geographic Information System to measure the shortest walking route.<br />
Routes are measured from the nearest entrance of a house or flat to the<br />
nearest school entrance.<br />
12. Since the early 1990s, the admission arrangements for Durham Johnston
have been different. Durham Johnston did not give priority to children in<br />
associated transport areas but (after children in public care) gave priority<br />
to ‘children for whom Durham Johnston is the nearest suitable school’.<br />
The public notice in 2005 announcing the consolidation onto a single site<br />
said that the admission arrangements would ‘remain the same’. However,<br />
in the autumn of 2006, the governing body asked that the arrangements<br />
should be changed because it realised that the closure of Whinney Hill<br />
would mean that the school would no longer be the nearest for children<br />
living in certain villages that had historically sent children to the School.<br />
They asked that these areas be designated ‘associated transport areas’.<br />
13. In April 2007, the County Council decided that a review should be<br />
conducted and in April 2008 the Cabinet considered a paper from the<br />
Director of Children’s services, which supported the view of the Admission<br />
Forum. It said that the arrangements for Durham Johnston should be<br />
brought into line with other County schools but no new areas of associated<br />
transport be created. The practical effect of the absence of associated<br />
transport areas would be that the tie breaker of distance would become the<br />
operative criterion for most children. On 14 April 2008 the County Council<br />
Cabinet decided that there should be areas of associated transport for the<br />
school and that those areas should include Brandon, Bowburn, Langley<br />
Moor, Park Hill Estate, Haugh Hall, Meadowfield, Browney, Shincliffe and<br />
High Shincliffe. The determined arrangements reflected that <strong>decision</strong>.<br />
The 2008 Objections and Determination<br />
14. Objections were lodged by parents who lived closer to the school than<br />
those who lived in the associated transport areas. They said that Durham<br />
Johnston was the closest school to their homes but not the closest school<br />
to the associated transport areas. They said that there was no logic in the<br />
County Council’s position. Transport costs would be increased by having<br />
to take children from the associated transport areas to Durham Johnston<br />
and that it was not fair that the views of parents who live in those areas<br />
should be regarded as more important than those of parents who live<br />
closer to the school.<br />
15. The County Council’s response was that the communities in the<br />
associated transport areas have a traditional association with the school.<br />
The Whinney Hill site is their closest school. Undertakings have been<br />
given that children from the associated transport areas would still have<br />
access. There was no reason why the school should not come into line<br />
with other schools in the County, most of which have associated transport<br />
areas as part of their arrangements.<br />
16. In his consideration of the case, the former Chief Adjudicator noted that a<br />
number of objectors had been highly critical of the consultation process. It<br />
was apparent that the process had been bedevilled by terms being used<br />
without definition in contexts where different groups of parents could easily<br />
be misled. For example: it was not clear that, although it had been said<br />
that the admission arrangements would ‘remain the same’, closure of the<br />
Whinney Hill site would alter the effective catchment of the School. He<br />
also noted that whilst there had been a proposal that “the arrangements for
Durham Johnston conform to the arrangements of other Durham schools”;<br />
there was, in fact, no commonality between the arrangements of Durham<br />
schools. Whilst they all (apart from Durham Johnston) referred to “areas<br />
of associated transport” the practical effect on applications for particular<br />
schools was not determined by whether or not that criterion exists. It was<br />
determined by how many areas of associated transport there were, their<br />
size and location. Terms such as ‘live closest to the school’, ‘for whom the<br />
school is nearest’, ‘appropriate school’, ‘suitable school’ and ‘preferred<br />
school’ had all been freely used by different parties during the consultation<br />
process but without clarity or consistency as to what those terms actually<br />
meant.<br />
17. Having read all the papers and listened to parents and others during his<br />
meeting, the former Chief Adjudicator concluded that it would be<br />
reasonable to make school place allocations for one more year on the<br />
assumption that the Whinney Hill site was still part of the school. He<br />
therefore decided to uphold the objection and determined that the<br />
admission arrangements for 2009 should remain as they were for 2008,<br />
(i.e. the main priority being defined as “Pupils for whom Durham Johnston<br />
is the nearest suitable school”) with the tiebreaker distance being<br />
measured to either the Crossgate Moor site or the Whinney Hill site.<br />
18. However he noted that it was evident that these arrangements could not<br />
be extended beyond 2009 and that the County Council would have to<br />
embark on a new round of consultations. In doing so he hoped that the<br />
Council would take note of his remarks about the shortcomings of the<br />
previous arrangements.<br />
The 2008/9 Consultation and Determination<br />
19. Following the 2008 determination, which had included adverse comment<br />
on criteria that applied to the admission arrangements for every community<br />
secondary school in the County (both the use of associated transport<br />
areas and the distance tie breaker) LEA officers decided that it was<br />
necessary to consult on revised criteria for all such schools. In the autumn<br />
and winter of 2008/09 the County Council therefore undertook substantial<br />
consultation exercises on potential, and then proposed, admission<br />
arrangements for September 2010.<br />
20. Following these consultations, the matters were considered by the County<br />
Council’s Cabinet on 16 March 2009. Recommendations by the Director<br />
of Children’s Services were informed by:<br />
• consideration of the outcomes of the statutory consultations;<br />
• discussions with various parent groups and Headteachers which had<br />
taken place during the consultation period;<br />
• the comments of the Adjudicator in his determination of 2008; and,<br />
• the County Admissions Forum’s wish to see the same admission<br />
criteria for Durham Johnston School as all other schools.<br />
The report to this Cabinet meeting proposed changes to the arrangements<br />
for all community and voluntary controlled secondary schools for<br />
September 2010.
21. Following representations by some members of the public and back-bench<br />
councillors during the course of the meeting, about the impact on<br />
admissions to Durham Johnston Secondary School, a <strong>decision</strong> was<br />
deferred and the matter came back to Cabinet on 15 April 2009. At this<br />
meeting elected members agreed and set the arrangements for<br />
admissions to community and voluntary controlled primary and secondary<br />
schools for September 2010. The Cabinet accepted the proposals in the<br />
report for general application but exercised its right not to accept its<br />
officers’ recommendation as it related to Durham Johnston School.<br />
Instead a different set of oversubscription criteria for this school were<br />
tabled by an elected member and these were agreed by Cabinet. A copy<br />
of these arrangements, as determined, is attached at Annex 1.<br />
The Objections<br />
22. The parents’ view that the determined arrangements were in breach of<br />
mandatory aspects of the School Admissions Code, by reference to<br />
various paragraphs which require arrangements to be fair, can be<br />
summarised in the following terms:<br />
• It is unfair for a child to be discriminated against because the primary<br />
school he attends has not been designated a "feeder school". Parents<br />
should be free to seek entry to their preferred primary school for their<br />
own reasons. That <strong>decision</strong> should not be distorted by having to<br />
consider the consequences of the choice of primary for secondary<br />
transfer some seven years later.<br />
• It is particularly unfair when new feeder arrangements are introduced<br />
without warning as they could not possibly have been taken into<br />
account when a primary place was being sought.<br />
• It is self evidently unfair to be deprived of a place at the nearest<br />
comprehensive school (in one case where the School is some 150<br />
meters from the family home) by the arbitrary designation of feeder<br />
schools.<br />
• A policy to give preference to some children who attend certain feeder<br />
schools from more socially deprived areas located miles from Durham<br />
Johnston is unfair when some of those 'feeder schools' already have<br />
other comprehensive schools located on their doorstep.<br />
• The consequence of being denied a place at Durham Johnston will<br />
almost certainly result in some applicants having to make a much<br />
longer journey to a less suitable school, miles from the family home.<br />
• A policy which results in pupils having to travel longer distances to<br />
school does not promote children being active and walking to school;<br />
and undermines 'green transport’ policies in a city already blighted by<br />
traffic problems.<br />
23. The Admissions Forum stated that it was mindful of its responsibilities to<br />
promote fair and equitable admission arrangements; including seeking to<br />
ensure that neither those living in rural areas, nor those living closest to<br />
schools would be disadvantaged. The Forum welcomed the criteria which<br />
were determined for all other community secondary schools, as it believed
they did satisfactorily address the problems identified by the Adjudicator in<br />
2008. The Forum was therefore making a formal objection to the criteria<br />
determined for Durham Johnston on the following grounds:<br />
• Inadequate Consultation: the criteria for Durham Johnston School,<br />
determined by Durham County Council’s Cabinet, had not been subject<br />
to the statutory consultation process. Neither the objectors nor the<br />
other statutory consultees, had been given an opportunity to comment.<br />
The Forum was concerned that those adversely affected may not be<br />
aware of the implications for them until they had applied for, and been<br />
refused, places - by which time it would be too late to object.<br />
• Consistency: the Forum has consistently agreed that it wishes to see<br />
the same admission criteria for all community secondary schools as the<br />
best way of ensuring fairness and equity. The consequences of<br />
adopting different arrangements for one school would give some<br />
children attending the feeder schools a high priority for admission to<br />
more than one school which would be inequitable.<br />
• Inappropriate Criteria: the forum questioned the appropriateness of<br />
distance from feeder primary school to pupil’s home address, rather<br />
than from the secondary school applied for to be used as a criterion<br />
• Misleading Effect: the Durham Johnston criteria will be misleading to<br />
parents who may assume that their child will be guaranteed a place if<br />
they attend one of the feeder schools when it is very unlikely, given the<br />
numbers, that all will be allocated places.<br />
The Position of the County Council<br />
24. This sequence of events placed the elected portfolio holder and the<br />
Director of Children’s Services in an unusual position. They had both been<br />
publicly associated with recommendations, which were supported by the<br />
Admissions Forum and which would have satisfied the parent objector;<br />
but which had been rejected by the Cabinet. They nevertheless gave me<br />
a full and careful account of the reasons for that <strong>decision</strong>. I also invited<br />
other County Councilors (both other members of the Cabinet and those<br />
representing affected divisions) to make direct representations to me and a<br />
number took the opportunity to do so.<br />
25. In summary the reasons for the cabinet <strong>decision</strong> were as follows:<br />
• Recognition of strong representations from the parents in the villages<br />
served by the feeder schools that they wished to maintain the historic<br />
connection with Durham Johnston.<br />
• Honoring promises to those people that there would be ‘no change’ in<br />
the arrangements following closure of the Whinney Hill site.<br />
• Concerns (picking up remarks from the previous adjudication) that the<br />
outlying villages are generally poorer than Durham City and Code is<br />
clear that poorer families should not be further disadvantaged by<br />
admissions arrangements.
Consideration of Factors<br />
26. As will be seen from the background set out above, there are different<br />
groups of parents, some living within the City and others living further out<br />
(notably in the villages of Shincliffe and Bowburn) whose desire for a place<br />
at the School is more or less likely to be fulfilled according to which<br />
approach to oversubscription criteria is adopted. Given that the school is<br />
oversubscribed no solution can please everybody and “fairness” can only<br />
be established if a reasonable person would judge that <strong>decision</strong>s are made<br />
on a rational basis and that those who are offered places have a stronger<br />
claim than those who are refused. It also has to be accepted that those<br />
who are disappointed at the end of the day are likely to regard the<br />
outcome as “unfair” to them.<br />
27. The Code does, however, impose additional requirements on admissions<br />
authorities that the arrangements they adopt must be clear, objective and<br />
capable of being consistently applied. They must also allow parents to<br />
understand whether they have a realistic chance of being offered a place<br />
at their preferred school (paragraph 1.71). Admissions Forums are also<br />
given an important role in making judgments about these matters and<br />
admissions authorities are expected to ‘have regard’ to their advice<br />
(paragraph 1.27). The formulation to “have regard” means the views of the<br />
forum must be considered and taken seriously; and if the admissions<br />
authority decides not to follow its advice they must have good reasons. It<br />
is therefore significant that the local forum is one of the objectors.<br />
28. All parties have taken note of the outcome of last year’s adjudication<br />
where the former Chief Adjudicator criticized the former “associated travel<br />
area approach” but indicated that a straightforward distance approach<br />
could have the effect of disadvantaging deprived rural communities who<br />
lived some distance from any school.<br />
29. Following the consultation exercise county officers developed the<br />
formulation: “For those children who have applied for a place at the<br />
nearest school to their home address, priority will be given to those who<br />
would otherwise have to travel the furthest distance to the next nearest<br />
school.” It should be noted that this has the effect of defining a de-facto<br />
catchment area, as it is possible to identify the nearest school for any<br />
given address. But, unlike a conventional catchment area, it has a built-in<br />
tie-breaker which gives a balance of advantage to those living in rural<br />
areas as, notwithstanding being relatively remote from their nearest<br />
school, they are likely to live even further away from any alternative.<br />
30. Similarly the use of feeder primaries, the approach determined by the<br />
Cabinet, creates some element of catchment by virtue of the areas from<br />
which the chosen primaries draw their intake. In selecting primary schools<br />
in the areas that formerly were able to gain access to the School this could<br />
be understood as an attempt to replicate the previous arrangements by<br />
other means.<br />
31. However the feeder primary approach, whilst not forbidden by the Code,<br />
does tend to have side effects which can be inconsistent with its more
general requirements.<br />
• Naming a primary as a feeder tends to create the impression that all<br />
children in it are guaranteed a place at the secondary. This may be the<br />
case if the feeder criterion is a high priority and the total number of<br />
children in year 6 at all feeders is less than the secondary PAN. But it<br />
will not be so if those conditions do not hold.<br />
• It distorts parental choice of schools at age 5; providing a ‘halo’ effect<br />
for primaries which are associated with popular and successful<br />
secondary schools; and “blighting” those that are not.<br />
• It can destabilize year 5 and year 6 groups in both categories of school<br />
as parents seek to move their children in the light of secondary<br />
admissions criteria.<br />
32. The arrangements adopted by the Cabinet are technically flawed in a<br />
number of respects:<br />
• they do not provide for the allocation of places in a situation in which<br />
the School was not oversubscribed from the named feeders;<br />
• the tie-breaker does not provide a satisfactory resolution to<br />
oversubscription within categories 1, 2 or 3 (which is unlikely at the<br />
normal age of transfer but could well happen in respect of casual<br />
admissions);<br />
• The tie-breaker requires measurement to 7 different locations none of<br />
which is the school itself. This multiplies the possibility that two or<br />
more applicants for the last available place live an equal distance from<br />
their reference point – but there is no mechanism for resolving the<br />
situation if that were to happen.<br />
• The 7 point tiebreaker will also tend to produce an idiosyncratic scatter<br />
of successful and unsuccessful applicants depending on where they<br />
live and which feeder they attend.<br />
• The published “arrangements” for Durham Johnston, as set out in the<br />
determination agreed by Cabinet are in fact only a set of<br />
“oversubscription criteria”. Paragraph 1.30 of the Code sets out a<br />
fuller list of matters that must be consulted on and determined by the<br />
admissions authority.<br />
33. Paragraph 1.73 of the Code requires governing bodies to avoid “polices<br />
and practices that disadvantage certain social groups”. Paragraph 2.40<br />
says that in drawing up catchment areas “admissions authorities should<br />
ensure that they reflect the diversity of the community served by the school<br />
and must not exclude particular housing estates or addresses in a way<br />
that might disadvantage particular social groups.” So the authority is<br />
correct to be mindful of the potential impact of any <strong>decision</strong> on deprived<br />
communities. However paragraph 2.11 says that “Local Authorities and
Admission forums must encourage all schools in their area to have<br />
arrangements that extend choice to parents whatever their social group.”<br />
Similar points are made in paragraphs 1.72 and 1.73. So polices designed<br />
to help the deprived should not go so far as to seriously undermine the<br />
legitimate expectations of fair access for other parents.<br />
34. An important aspect of the Code is about achieving clarity and making<br />
sure parents understand the admissions processes and oversubscription<br />
criteria so that the preferences they express can be supported by a<br />
realistic assessment of their chances of success. Whilst I understand the<br />
“distance from next nearest school” criterion and accept the rationale for it;<br />
I had some concern that some parents, particularly those who live a similar<br />
distance from two or more schools could have difficulty working out how it<br />
would operate in their particular case. I asked, since the criterion creates<br />
a de facto catchment area, would it not be clearer to do the necessary<br />
calculations and publish maps showing what those areas were?<br />
35. However the use of ‘walking distance’, rather than ‘straight line’ would<br />
make those boundaries appear irregular on a map. County officers also<br />
felt that the existence of formal “catchment maps” might encourage the<br />
erroneous belief that residence within it would be guaranteed admission.<br />
More persuasive still was the information that the County admissions team<br />
had a policy of providing every parent with a statement naming their<br />
nearest school at the same time as the secondary transfer forms and<br />
booklet were distributed. If it is made clear that this is the case it will<br />
provide even greater certainty that parents will have a full understanding of<br />
the policy.<br />
Findings<br />
36. I find that the approach to secondary admissions developed by Durham<br />
County Council officers, which was subject to detailed modeling and<br />
extensive consultation, is likely to produce a satisfactory resolution to the<br />
anomalies identified by Sir Philip Hunter in his adjudication last year. It<br />
would also appear that they have achieved a large degree of consent<br />
across the County (with the exception of the parental groups that wish to<br />
preserve their own historic access to Durham Johnston).<br />
37. I further find that that the separate arrangements for Durham Johnson<br />
adopted by the Cabinet are technically flawed and are thus not compliant<br />
with the Code.<br />
38. These technical shortcomings also mean that the determined<br />
arrangements would not deliver the certainty of a place at the School that<br />
many of their supporters expect. Conversely a high proportion of those<br />
living in the communities historically associated with the School will still be<br />
offered a place under the common arrangements that have been<br />
determined for other secondary schools. Therefore, despite the weight of<br />
opinion in favour of the feeder school approach (reported in paragraph 7) I<br />
do not believe that the arguments advanced are cogent.<br />
39. The Cabinet appears not to have given sufficient weight to the views of the
Admission Forum and, whilst they were correct to take heed of the<br />
representations made from the communities with a historic connection with<br />
Durham Johnston, they have not given sufficient consideration to other<br />
groups with a legitimate expectation of securing a place at the school.<br />
40. I find that the adoption of feeder primary schools with a combined capacity<br />
of some 50 places more than Durham Johnston can accommodate could<br />
destabilize a number of primary schools. Further it could cause significant<br />
dissatisfaction amongst parents who might be led to the erroneous<br />
conclusion that securing a place at one of the feeders will guarantee<br />
admission to the secondary school.<br />
41. I find that the approach to oversubscription for all other Community and<br />
Voluntary Controlled secondary schools in County Durham would work<br />
better for Durham Johnston. However I also find that some small changes<br />
to the wording of those oversubscription criteria and a more explicit<br />
articulation of the tie-breaker would aid parental understanding.<br />
Protection of Decision<br />
42. I have the power to decide whether any changes I make to these<br />
arrangements should be ‘protected’ for up to two years beyond the year to<br />
which they first apply. In the light of the length of time these<br />
arrangements have already been in dispute I judge that a period of stability<br />
would be highly desirable. My <strong>decision</strong> will therefore have effect for<br />
admissions in 2010, 2011 and 2012.<br />
Conclusion<br />
43. For the reasons outlined above I agree with the objectors that the<br />
admission arrangements adopted for Durham Johnston School were<br />
determined with inadequate consultation. They are technically flawed,<br />
could be misleading for parents and would be likely to result in outcomes<br />
that are inconsistent and procedurally unfair.<br />
44. I agree with the objectors that Durham Johnston should have<br />
arrangements similar to the other Community and Voluntary Controlled<br />
schools in the County. Having considered those arrangements as a whole<br />
I have determined some minor drafting amendments which, without<br />
altering their effect, should make the oversubscription criteria easier for<br />
parents to understand.<br />
45. I therefore uphold the objections and so determine.
Determination<br />
In accordance with section 88H(4) of the School Standards and Framework<br />
Act 1998, I uphold the objections lodged by parents and the Admissions<br />
Forum.<br />
I determine that for September 2010, 2011 and 2012 admissions, the<br />
oversubscription criteria for Community and Voluntary Controlled <strong>Schools</strong><br />
maintained by Durham County Council, including Durham Johnston School,<br />
should be as set out in annex 2 to this determination.<br />
Dated: 15 July 2009<br />
Signed:<br />
<strong>Schools</strong> Adjudicator:<br />
Alan Parker
Annex 1 (LA’s determined arrangements for 2010/11)<br />
ADMISSION CRITERIA FOR COMMUNITY AND VOLUNTARY<br />
CONTROLLED<br />
SECONDARY SCHOOLS<br />
When there are more requests for places than those available, the following<br />
be used to allocate places strictly in order of priority:<br />
Community and Voluntary Controlled Secondary <strong>Schools</strong>,<br />
with the exception of Durham Johnston Comprehensive<br />
School<br />
1. Children in public care<br />
2. Medical Reasons<br />
Pupils with very exceptional medical factors directly related to school<br />
placement.<br />
3. Family Links<br />
Pupils who have a brother or sister already attending the school and<br />
expected to be on roll at the school at the time of admission.<br />
4. Distance<br />
(a)<br />
(b)<br />
For those children who have applied for a place at the nearest<br />
school to their home address, priority will be given to those who<br />
would otherwise have to travel the furthest distance to the next<br />
nearest school 1 and then,<br />
For other children, priority will be given to those children who live<br />
nearest to the school applied for.<br />
Footnote 1 : ‘School’ means any Local Authority maintained secondary<br />
school or a DCSF maintained Academy. Distance will be measured by<br />
the shortest walking route.<br />
Admissions Criteria for Durham Johnston Comprehensive<br />
School<br />
A scheme of admission to Durham Johnston Comprehensive School based on<br />
the schools named below* as feeder schools for the purposes of admission to<br />
Durham Johnston Comprehensive School such scheme to give priority of<br />
admission to:<br />
1. Children in Public Care<br />
2. Medical reasons
3. Sibling links, where the place of residence continues to be within seven<br />
miles of Durham Johnston Comprehensive School<br />
4. Admission by prior attendance at one of the feeder schools at the<br />
time of application<br />
5. Tie breaker: determined by distance from feeder school to pupil home<br />
address.<br />
This scheme of admission shall be introduced with effect from September<br />
2010 for a trial period of not less than 3 years.<br />
* Shincliffe CE (Controlled) Primary, Brandon Community Primary, Durham St.<br />
Margaret’s CE (Controlled) Primary, Bowburn Junior, Langley Moor Primary,<br />
Neville’s Cross Primary and Browney Primary.
Annex 2 (Adjudicator’s determined arrangements for 2010 2011 & 2012)<br />
OVERSUBSCRIPTION CRITERIA FOR COMMUNITY AND VOLUNTARY<br />
CONTROLLED SECONDARY SCHOOLS<br />
When there are more requests for places than those available, the following<br />
criteria will be used to allocate places strictly in order of priority:<br />
1. Children in public care<br />
2. Medical Reasons<br />
Pupils with very exceptional medical factors directly related to school<br />
placement<br />
3. Family Links<br />
Pupils who have a brother or sister already attending the school who is<br />
expected to be on roll at the school at the time of admission<br />
4. Applicants to their nearest School<br />
Those children who have applied for a place at the nearest school to<br />
their home address measured by the shortest walking route<br />
5. All other applicants<br />
Tie-breaker<br />
Where the school is oversubscribed within any of the above categories<br />
the following tiebreakers will be applied:<br />
(a)<br />
(b)<br />
For those children who have applied for a place at the nearest<br />
school to their home address (category 4), priority will be given<br />
to those who would otherwise have to travel the furthest<br />
distance to the next nearest school 1<br />
For other children (category 5), priority will be given to those<br />
children who live nearest to the school applied for<br />
In the unlikely event of the school being oversubscribed within<br />
categories 1, 2 or 3 tiebreaker (b) will apply.<br />
Footnote 1 : ‘School’ means any Local Authority maintained secondary<br />
school or a DCSF maintained Academy in County Durham. Distance<br />
will be measured by the shortest walking route. Those parents who live<br />
in County Durham and have children in year 6 in primary schools<br />
maintained by Durham County Council will be told which school is<br />
nearest to their home address according to the official measuring<br />
system. The same information will be provided for any other applicant<br />
on request.