The Government issued the instruction following the U-turn by St Olave’s, in Orpington, southeast London, which had faced legal action after two A-level students had their places withdrawn for failing to achieve certain grades.
Both pupils, who failed to achieve a required B or above in any of their subjects taken in the first year of sixth form, have now been told by the school they will be allowed to return.
The Department for Education said: “All schools have a responsibility to provide a high quality education to every pupil and ensure there is no limit to their potential. Students enrolled in a sixth form cannot be removed because of academic ability.”
“The law is clear on this and we expect all schools to follow it. We will be taking action to remind headteachers of their responsibility on this point.”
St. Olave’s is now allowing the pupils to continue their studies
The school said in a statement: “Following a review of the school’s policy on entry to Year 13, the headmaster and governors of St Olave’s grammar school have taken the decision to remove this requirement and we have today written to all parents of pupils affected to explain this and offer them the opportunity to return to the school and continue their studies.
“Our aim as a school has been and continues to be to nurture boys who flourish and achieve their full potential academically and in life generally.
“Our students can grow and flourish, making the very best of their talents to achieve success.”
Laywer Dan Rosenberg who has been acting for the families, said he was “pleased the school has agreed to readmit the children and withdraw their policy”.
“We would now expect all other schools with similar policies to do the same,” he added.
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