'Perverse' school ruling quashed

The judgement has wide implications for siblings

The High Court has overturned a ruling in favour of three young boys attending the same school as their older brothers and sisters.

A judge said the law did not require local education authorities to give top priority to siblings when allocating places for oversubscribed schools.

Mr Justice Maurice Kay quashed a previous appeal panel decision which said it was "unreasonable" for Hounslow Borough Council not to admit the three boys to the school.

It is a judgement which has wider implications for schools policy throughout England and Wales.

'Perverse' ruling

In November last year a schools appeal panel ruled in favour of the three five-year-olds, Dominic Opalinski, Theo Hooke and Samuel Pratt.

The panel said it was "unreasonable" not to allow the boys into popular Grove Park School in Chiswick, west London.

But on Thursday, the judge said the panel's ruling was itself perverse.

Mr Justice Kay said Hounslow had given balanced consideration over the years to the issue.

He said at least 21 local education authorities around the country operated the same or similar policies.

'No school'

"To suggest that any local education authority which prioritises without giving primacy to siblings flirts with unlawfulness cannot be correct."

Afterwards Naomi Opalinska, from Brentford, said she was "devastated" by the judge's decision.

"My son Dominic has still not started school. He has no school to go to."

The children's parents had complained they would face serious family upset and London rush-hour traffic if the boys were forced to go to different schools.

The ruling against them contains guidance for education authorities throughout the country and restricts the extent to which appeal panels can intervene over schools admissions policies.

The judge ordered a differently constituted appeal panel to reconsider the case "as soon as reasonably practicable".