PARENTS at St Benedict's High School have rallied in support of governors who are embroiled in a legal battle over the school's admissions criteria.

Four foundation governors were sacked in the summer by the Diocesan Schools Commission (DSC) for supporting the "first preference" rule, which requires parents to put the school first to guarantee a place for their child.

This applies to all prospective pupils, including those from Catholic families, but was challenged this year when a child from Henley was refused entry.

The child's parents put St Benedict's third, behind grammar schools in Alcester and Stratford.

When the child failed to get a place at either, they pushed for admission to St Benedict's.

When the appeal failed, they went to the DSC in Birmingham, which said the first preference rule goes against diocesan guidance.

The case was sent to the Ombudsman, who proposed the governors revise their admissions policy and offer the child a place at the school.

But the governors say the diocese is acting unlawfully by trying to remove their independence and are seeking a judicial review.

They have the support of many parents, including John and Colette Smallbone, who said: "We always understood and agreed that to ensure a Catholic Christian education for our children within the context of our family and community life, then St Benedict's needed to be our first choice of secondary school.

"It is our view St Benedict's has got it right. It is an exceptional school, having high standards which skilfully support every child to achieve their full potential."

Parent Martin Wheatley said: "St Benedict's is a truly exceptional school with fine leadership and outstanding achievements both in its teaching of the Roman Catholic faith and in its ability to nurture and develop each child to their full potential, therefore also achieving the highest of academic standards.

"This in itself totally warrants an admissions procedure that requires a first-choice selection for the school, whether that be from Catholic or non-Catholic families."

Chairman of governors Yvonne Billingsley said: "It is most important parents understand St Benedict's governors are, according to legal opinion, not in breach of the Diocesan Trust Deed.

"We have acted in accordance with the Education Act 2002, which states governors should be independent of their appointing bodies. Legal counsel has advised that in seeking to influence the decision on admissions policy, the diocese is acting unlawfully.

"I am most grateful to the LEA and particularly to Eric Wood and his legal services team for supporting St Benedict's governors and for enabling us to become aware, through advice from counsel of Grays Inn, London, of the correct legal procedure.

"I am also grateful to parents and staff for their support during this very trying time. Our main concern is to maintain the standards of the school and the well-being of the students.

"These high standards can only be achieved and maintained if the pupils have self-respect and belief in themselves and their school."

Headteacher Tim Sara was due to meet Archbishop Vincent Nicholls yesterday to find an amicable compromise.

Fr Marcus Stock, director of schools for the Archdiocese of Birmingham, said: "The commission is confident the action it has taken to ensure the school is conducted in accordance with its trust deed is procedurally and legally correct and its legal representatives will be responding to the correspondence by September 17."