WATFORD'S two grammar schools have claimed their cultures of academic excellence are threatened by a Government-appointed adjudicator and took their case to the High Court on Wednesday.

The girls and boys grammar schools, in Lady's Close and Rickmansworth Rpad, Watford, have achieved top exam results for more than 300 years, but they say all that could change because of the Adjudicator for Schools.

In July Dr Philip Hunter insisted each school reduce the number of pupils they are allowed to select on academic ability from 35 per cent to 25 per cent.

He also banned places being given to musically gifted children – despite a long-standing tradition of doing so – but that decision was later reversed.

Barrister Philip Engelman, for the grammar schools, told Mr Justice Maurice Kay the adjudicator had received complaints from rival non-selective schools that the best pupils in the Watford area were being "creamed off".

Westfield Technical College in Tolpits Lane and Greenfields Junior School in South Oxhey, also alleged local children were being denied places and the selection procedures ran contrary to the Schools Standards and Framework Act 1998.

Mr Engelman said that, even though Dr Hunter did not uphold the objections, he still ruled the academic selection of pupils at the two grammar schools be reduced.

Describing Dr Hunter's decision as "irrational, unlawful and beyond his powers", Dr Engelman said the grammar schools had done nothing wrong.

And after listening to an hour of legal argument, Mr Justice Kay ruled the schools had an "arguable" case Dr Hunter was wrong and granted the schools permission to launch a challenge for a judicial review.

Outside court Mr Percy McCloskey, Chairman of the Governors at the girls' school, welcomed Mr Justice Kay's decision and said a number of other schools inn the country had faced similar situations – but hadn't had the finances to go to court.

He added that the grammar schools consistently appear at the top of the league tables, but said he was worried standards would slip should the number of academically selected children be reduced.

"The Governors' sole concern in seeking this judicial review is to maintain the character and ethos of these two highly successful schools," Mr McCloskey said, explaining that 77 per cent of pupils live within a two mile radius.

"Neither partial selection nor selection by aptitude is precluded by the relevant Acts and therefore we believe wholeheartedly that we have the right to maintain these two essential elements of our admissions criteria."

No date was set for the full judicial review challenge, but it is likely to be heard before the end of the month.