An interesting question.
I believe a parent in Kingston is taking action because the number of grammar school places available is not the same for boys and girls.
This is what the current code of practice says about the admission number:
The appeal panel should be satisfied that the school’s published admissions number is a justified limit.
An appeal panel would normally expect there to be a very good reason if the admission number is set lower than the available capacity, otherwise it might well take the view that additional pupils could be admitted without prejudice.
I think, Pattie, you need to establish whether there really is a legal obligation on a boys' VA grammar school to artificially limit its intake in order to match the number of places available at a neighbouring girls' grammar school.
The Equal Opportunities Commission helpline might be able to assist you:
Or you could take legal advice.
Or, at the stage 1 meeting, you could insist on an explanation of the precise legal basis for the school's admission number. Are they sure it is a requirement for them to do what they're doing? Or are they uncertain about the law, and just being cautious?
On the EOC's website it states "It is unlawful for a state or private educational establishment to discriminate in its admission policies, unless it is a single s e x establishment