Top school tells judge it does not exclude poorer children

A leading secondary school has strongly condemned any suggestion it was seeking to "engineer" its pupil intake by using its admissions policy to exclude children from poorer families.

A High Court judge was told that oversubscribed Drayton Manor High School in Hanwell, west London, "took very considerable objection" to such allegations. The school governors were challenging a ruling by the Schools Adjudicator on 16 October that they must change their admissions policy.

The admissions watchdog found that the policy "indirectly discriminated" against children from "economically-less-advantaged families", especially to the north of the school.

The effect of the adjudicator's decision has been stayed, pending the outcome of the legal challenge. Judgment is expected this morning.

The adjudicator had upheld a complaint by the local education authority, Ealing, that Drayton Manor unfairly gave priority to children for whom the school was their closest secondary school. The authority argued that meant turning away children from less than a mile away on the grounds that they had other secondary schools even closer to them. The council said this policy could encourage "social segregation" and may "disadvantage children from a social or racial group". Peter Oldham, for the school's governing body, denied "social segregation" or disadvantage. Drayton Manor had devised its policy to stop Brentside, a less popular school to the north, having falling rolls because children nearby preferred schools further afield.

Mr Oldham accused the adjudicator of making an irrational and "simplistic" decision, unlawfully misapplying the Code of Practice on School Admissions and failing to give adequate reasons for his decision. He told Judge Stewart QC, sitting in London: "We are concerned that if you change the criteria in the name of fairness, you are going to create other unfairnesses."

In particular, Andrew Baxter, the adjudicator, had failed to consider an area to the south east with the same deprivation as the north. To the east, there was a large area with few schools. The adjudicator's changes meant choice would be further diminished.

Samantha Broadfoot, for the adjudicator, said the school had a "distorted" view of its catchment area which caused "striking disadvantage" to families half a mile to a mile away, adding: "There is no evidence to contradict that." Ms Broadfoot said the adjudicator was entitled to his conclusions.

Oliver Hyams, appearing for Ealing, argued the adjudicator's decision was not irrational. He pointed out that, although Drayton Manor said its policy was introduced to assist Brentside, that school now objected to it.