A government insider says: “The department knows it’s not watertight legally. They know it’s going to be subject to judicial review. My soundings suggest that they think they have, say, a 60% chance of winning. Essentially the decision is political.”
If who can open a school of what kind and where is something decided by politicians then of course any such decision is political:
Establishing a new selective school is prohibited under an act passed by Labour in 1998.
If you don’t want politics in this then just stick a voucher on the back of every child and let the non-political process sort it out.