Schools (Berkshire)

Part of Petitions – in the House of Commons am 1:42 pm ar 20 Rhagfyr 1991.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Mr Alan Howarth Mr Alan Howarth Parliamentary Under-Secretary (Department of Education and Science) 1:42, 20 Rhagfyr 1991

It is extremely important that we understand each other correctly and that we are discussing the same facts. I shall continue with my exposition and if it proves to be the case that there has been a misunderstanding between my hon. Friends and the Department, we shall of course pursue it as constructively and helpfully as we can. However, I am not sure that my hon. Friend is entirely right in his apprehension.

The school's accommodation was again reassessed by the local education authority to take account of the requirements of the national curriculum, in consultation with the head and school governors. As a result, the local education authority assessed the school's capacity as indicating an admission limit below 239. It is perhaps regrettable that the authority and governors felt it necessary to reduce the admissions number for the school, having increased it the previous year. They did not seek to reduce the admissions below the standard number of 239; if they had wished to do so, they would have required the approval of my right hon. and learned Friend the Secretary of State.

The authority has said that it regrets the situation that has arisen in those cases, but that, having regard for the pupils already at the school, it could not justify an increase in the admission levels at the schools. If the governing body of the school is unhappy with the currently agreed level of admissions and wishes to increase the school's admission limits for next year it can of course approach the local education authority. That is not all that it can do. If the local education authority is unwilling to grant an increase in admissions, the governors can apply to the Secretary of State for an increase in the school's standard number.

As the schools were oversubscribed for this year, places at the schools were allocated in accordance with the authority's published criteria. On the basis of those criteria, the children of constituents about whom my hon. Friends have written did not gain places at the school. Once places had been allocated, parents who did not obtain a place for their child were given the opportunity of presenting their appeals to the independent appeals committee. The authority's decisions were considered and upheld by the appeals committee.

My right hon. and learned Friend has considered, at my hon. Friends' request, the concerns of their constituents regarding the non-admission of their children and whether to intervene in the matter. I gladly pay tribute to my hon. Friends the Members for Reading, West and for Reading, East for their hard work on behalf of their constituents, but I must remind them of the limits on the powers of my right hon. and learned Friend in such matters. Before he could intervene, my right hon. and learned Friend would need to be satisfied either that the authority was acting "unreasonably" or that it was failing in its duty under section 6 of the Education Act 1980 to observe parental preferences. To fall within the term "unreasonable", as interpreted by the courts, an authority's conduct must be conduct that no sensible authority, acting with due appreciation of its responsibilities, would have decided to adopt. Those are strict criteria and understandably so. My right hon. and learned Friend's powers do not allow him to act as a court of appeal, reviewing the decisions of local appeal committees; and it is not enough that he should simply disagree with the local education authority's decision. He cannot substitute his own judgment for that of the admissions authority.

After careful consideration of the points raised by my hon. Friends on their constituents' behalf, my right hon. and learned Friend concluded that the Berkshire local education authority did not appear to have acted "unreasonably"—in this strict sense—in changing the admissions number to Little Heath back to the standard number; and that there were therefore no grounds on which he could intervene in those cases.

Provided an appeal committee is constituted in accordance with the provisions of schedule 2 to the Education Act 1980, the Secretary of State cannot intervene in respect of its findings, although it is open to the local ombudsman to investigate its decisions and procedure.

My hon. Friends the Members for Reading, West and for Reading, East have served splendidly the interests of their constituents, who are understandably disappointed and distressed about the non-admission of their children to the school of their choice. I hope that my hon. Friends accept that we have looked closely at the points that they have raised; it is unfortunate that expectations of higher admissions to Little Heath were not maintained, but the local education authority is meeting the legal requirements by continuing to admit up to the school's standard number and, on the evidence that we have, I do not think that we can describe the action of the local education authority in reducing admissions in 1991–92 as "unreasonable" in the strict legal sense, however much we may regret it.