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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.

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