SCHOOLS in Kent which give greater priority to applications for places from pupils who do not sit the 11-plus have suffered a setback in their bid to continue the policy.

The secondary schools have been told they have no right to appeal against Kent County Council’s admissions arrangements for 2004, which – if approved - would effectively force them to end the controversial policy known as “conditionality.”

Fifteen foundation schools, including the county’s six Catholic schools, had formally lodged objections to the Schools Adjudicator over KCC’s proposed arrangements.

It is the Office of the Schools Adjudicator which arbitrates in disputes on admissions between schools and local education authorities.

However, the adjudicator, which has previously upheld the right of non-selective schools to adopt the policy, now says it cannot deal with their challenges because of Government legislation changing the way admissions are co-ordinated.

The schools affected have reacted angrily to the news, saying it has been sprung on them with no warning.

They say it is unfair that while they lose their right to contest KCC’s proposed arrangements, the county council has retained its right to complain to the adjudicator about their policy.

Martin Frey, vice chairman of governors at Homewood School in Tenterden, which operates conditionality, said: “It seems extraordinary that our right to object to the Schools Adjudicator has been lost while KCC retains its right to object to us. This is a loophole which needs to be put right.”

Doug Kimber, the head of Maplesden Noakes School, said he was disappointed KCC had objected to his school’s admissions plans.

“My biggest worry is that the process of admissions will take a long time to get through this year. We are disappointed but will wait to see what the Adjudicator and the Secretary of State decide.”

The council is strongly opposed to conditional preferences, saying it amounts to blackmailing parents into not entering their child for the 11-plus.

It has already lodged its own objections to the schools in question. If there is no agreement to Kent’s plans, the Secretary of State could intervene and use new powers to impose arrangements on the county.