Rulings are a warning to specialist schools

Some specialists - which the government wants to see all secondary schools become - can choose 10% of their pupils by aptitude for their specialist subject.

Although the government says only a minority use the provision, critics regard it as no different from grammar school-type academic selection by ability.

Now the chief schools adjudicator, Philip Hunter, has said: "Finding a difference between the meaning of two such words is the sort of exercise lexicographers get up to when they haven't enough to do."

'Unlawful'

He has tried to set out guidelines for schools, following decisions which found the practices adopted by a number of secondary schools in Hertfordshire were illegal.

Aptitude + preparation = future ability Chief adjudicator, Philip Hunter

In 14 decisions just published, Dr Hunter ruled that 10 of the schools were "using an unlawful selection process".

Seven of them call for portfolios of evidence from parents: Parmiter's, Chancellor's, Queens', St Clement Danes, Hertfordshire and Essex, Bishop's Stortford and Leventhorpe.

The evidence might include representation in district or county sports teams, drama productions or music certificates.

SELECTION BY 'APTITUDE' Specialist schools which can select 10% of pupils: performing arts, sports, music, modern languages and technology Specialist schools which cannot select: maths, science, engineering, business and enterprise and humanities Over 60% of English secondary schools are specialists

Dr Hunter said these measures "point as much to coaching and parental support as they do to aptitude".

Three schools - Watford Girls Grammar School, Watford Boys Grammar School and Rickmansworth - asked only for music certificates.

Dr Hunter said these may give an indication of aptitude, but were not an appropriate means of assessing it. The schools should use a specific aptitude test.

Four schools - Hockerill, Goffs, Dame Alice Owen's and Bushey Meads - were using established aptitude tests.

Dr Hunter agreed they could continue selecting - but pointed out that these tests might also test for ability.

Dictionary definitions

Such was the complexity of the issue that in reaching his decisions he took advice from three leading experts in the field of pupil assessment: Professor Dylan Williams at Kings College University of London, Tim Oates at the Qualifications and Curriculum Authority and Chris Whetton of the National Foundation for Educational Research.

He is getting into the kind of linguistic contortion ministers use when trying to defend this policy Anti-selection MP David Chaytor

Explaining his thinking in an article in the Times Educational Supplement, Dr Hunter said that by law, a school could select for a specific aptitude in the performance of visual arts, languages, sport or design or information and communication technology.

What they were not allowed to do, according to the 1998 School Standards and Framework Act, was select for "ability or general aptitude".

But he said most dictionaries tended to use the words "aptitude" and "ability" alongside each other.

He suggested that "ability" should be seen as meaning "achievement" and "aptitude" a gift or talent.

"In other words aptitude + preparation = future ability," he wrote.

How to do it

But assessing a specific aptitude was not easy.

Aptitude tests for sport were being developed but were not yet established, he said.

There were no tests for the arts, so independent assessors would have to be used, working to published criteria.

"From some of the cases we have had referred to adjudicators recently, it seems some excellent schools have found themselves selecting simply because schools around them are doing so.

"But there is no evidence that they need to select to maintain their standards or ethos or that the children selected do any better than those who are not."

'Annual anguish'

A spokesperson for the National Union of Teachers said Dr Hunter's comments were "a recognition of reality".

She said children's abilities waxed and waned and it was "ridiculous" to assume otherwise.

"That's why we have always opposed selection - by any name."

David Chaytor, one of the Labour MPs campaigning most vociferously against selection in any form, said this appeared to be a "landmark ruling" from the adjudicator.

"I think there's a growing realisation among MPs of all parties that the distinction between aptitude and ability is very difficult if not impossible to make," he said.

He thought Dr Hunter's formula of aptitude + preparation = future ability was "not in any way intellectually sound".

"To me that's just another fudge because it begs the question of what the original level of ability was," he said.

"He is getting into the kind of linguistic contortion ministers use when trying to defend this policy."

The system in Hertfordshire was in "complete chaos" and put "appalling pressure" on schools, parents and, not least, children "because of the delusions of parental choice".

This week another 14 schools in Hertfordshire were awarded specialist status.