To ask the Secretary of State for Education and Skills pursuant to the answer of 25 July 2006, Official Report, column 1458W, on partially selective schools, which schools operate the form of partial selection by ability or aptitude which it would not now be lawful to introduce. (95246)

Admission authorities may introduce selection by aptitude of up 10 per cent. of their intake by aptitude for prescribed subjects. As introduction of aptitude selection is determined locally, we do not hold information on the number of schools which have adopted it.

Provision in the Education and Inspections Bill reaffirms the prohibition on the introduction of any new selection by ability. But schools, which have operated partial selection by ability or aptitude continuously since 1997/98, may continue to do so as long as they do not change the proportion of children selected or the basis for their selection. Although we do not hold a definitive list, we are aware of 38 schools which operate partially selective arrangements which it would not now be lawful to introduce.