Trust schools 'will be able to select by stealth'

New "trust" schools planned by ministers will be able to decide on their own admissions policies, according to a confidential briefing document circulating within the Department of Education and Skills.

The document, marked "restricted-policy", states that they should be able to decide upon admissions policies that "are in the schools' best interests".

The document, circulated to senior policy makers in the DfES on the day the Government's plans were published, adds: "We are committed to enabling all schools to become self-governing independent schools."

The proposals, to allow all schools to opt out of council control and become independently run "trust" schools with a business or faith group partner, is a central pillar of the Government's legislation.

The document is seen by opponents of Prime Minister Tony Blair's reforms as confirmation that the proposals are contradictory.

Earlier, it talks of the need to ensure that all schools abide by a fair admissions policy, and outlaw the introduction of more selection.

However, it then adds: "We believe that schools should have the freedom to determine their own arrangements - provided they are within the law and in line with the code of practice [on admissions]."

One of the ways it plans to give schools more freedom is by encouraging popular schools to introduce "banding" - taking an equal number of pupils from each of a number of different ability groups. At present, schools have to draw up proposals for approval by local admissions bodies if they want to introduce banding.

This restriction will be swept away under the proposed legislation, so they can go ahead on their own with such schemes.

It says that schools could keep open a proportion of their places for pupils who live outside the traditional catchment area.

This, it is argued, would avoid middle-class parents buying homes near the most popular schools and allow more access to children living in deprived areas further away.

However, the Education White Paper's opponents argue that it is all very well to talk about schools abiding by the code of practice but that, unless it is made legally binding, many will ignore it.

They add that the High Court - in a case involving the London Oratory school attended by Tony Blair's children - has already ruled that schools can ignore the code and continue to interview parents for places, a practice which is frowned upon in the code.

Opponents argue that schools will use the power to select by stealth - and offer places to those pupils they think are most likely to boost their rankings in exam league tables.

They also argue that the stress on the "best interests" of the schools conflicts with a warning by the Office of the School Adjudicator - the body set up by the Government to police admissions - that too many schools are looking to their own interests in devising admissions policies rather than, as they should be, looking to the interests of the parents and pupils.

The briefing document, which runs to around 70 pages, also poses a series of questions which policy makers may be asked about the Government's proposals.

One is: "Did the Prime Minister write the White Paper himself?" The answer, though, is less than clear, saying: "We have had constructive discussions with the Prime Minister and with other cabinet colleagues during the development of the White Paper.

"Whenever flagship policies are developed there is going to be debate within the Government. The important point is that there have been really good close working relationships throughout the build up to this White Paper."

Since the briefing document's publication, backbench Labour MPs have put pressure on the Prime Minister to consider new ways of stopping schools selecting by stealth.