To ask the Secretary of State for Children, Schools and Families whether new academies will be allowed to select by banding with reference to the national ability range; and if he will make a statement.

Academies must abide by the School Admissions Code, which allows for the banding of applicants with reference to (i) the ability of applicants for the school, (ii) the range of ability of children in the local area or (iii) the national ability range. Of the 83 open Academies, three currently have Funding Agreements which allow for banding with reference to the national ability range. Twenty-six others have Funding Agreements which allow for banding but all of these refer to the ability range of the applicants to the Academy. New Academies will be under the same obligations as existing Academies and other schools in this respect and will therefore be able to band with reference to the national ability range should they choose to.