Criticism has been directed towards the Isle of Wight Council's proposal to close six schools - as it has been revealed that academy run schools could never be considered unless they themselves agreed to it.
It has led to claims that there was not a level playing field when it came to choosing which schools would be considered for closure.
The Isle of Wight Council confirmed this week that as a local authority it does not have the legal ability to propose the closure of an academy or amend their admission numbers.
A spokesperson said: “On July 18 the cabinet considered the new draft school place planning strategy for the Island.
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"This was a product of extensive engagement with a wide range of stakeholders, including schools, over several months.
“At that meeting cabinet provided approval to undertake a review of the level of surplus places and increases to special educational needs provision on the Island, to support improved education standards within the context of the emerging Education Strategy."
The planning stage included discussions with Northwood Primary School and the Diocese of Chichester Academy Trust.
However, due to the council not having legal ability to propose the closure of an academy, it couldn't consider certain schools, for example Lanesend Primary School and Northwood Primary School, so they were not included in the proposals published by the council on September 4.
Northwood Primary School Academy Trust has expressed concerns over the exclusion of academies from the proposals.
In a statement it said: "Island parents, staff and unions have all expressed concerns regarding the exclusion of academies from consideration of closure as part of the council’s proposals, particularly in light of assurances given throughout the council’s public engagement process that the review would be a level playing field for all primary schools, irrespective of type.
"We agree with these concerns; the proposals are unfair and are not what was promised.
"Contrary to Department of Education guidance, the council did not engage collaboratively and constructively with the trust, choosing instead to maintain strict confidentiality surrounding its proposals, sharing them only partially (and also in the strictest confidence) with the headteacher and chair of governors on August 21.
"Until the publication of the proposals on September 4, the trust didn’t know if Northwood Primary would be included or not.
"This seems to be a similar experience to that voiced by the Church of England Diocese of Portsmouth, regarding the proposals to close Church of England schools.
"Due to the lack of engagement by the council, it was impossible for the trust to say whether or not it would support a proposal to close Northwood Primary School as part of the reduction of surplus primary places, prior to the publication of the proposal."
The Isle of Wight Green Party also "expressed deep concern" about the impact of the proposed closures, and is calling for the consultation to be broadened so as not be restricted to only local authority schools.
A statement said: "Six schools have been recommended for possible closure as a result of the falling number of school-aged children on the Island.
"None of the schools on the list are academies, which operate independently from local councils and get their funding directly from the government.
"The process looks to have only considered the closure of non-academy schools, thus limiting the scope and strength and reliability of the recommendations in the report.
"Green Party policy has consistently been against the academisation of schools, believing that this takes away power from the local community to influence decisions."
Vix Lowthion, local teacher and national Education spokesperson for the Green Party, described it as a "scandal" that six schools are threatened with closure, while others have been excluded from consideration because of their academy status.
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