A flagship Epsom secondary school cannot adopt an admission policy which would give places to Epsom children over those from Sutton, an adjudicator has ruled.

The judgement has added a new twist to the admissions row which erupted after revelations that 18 children in Sutton are still without a secondary school place.

Blenheim High a mixed school one and a half miles over the borough border in Longmead Road wanted to give preference to 11 year olds from Epsom because local parents had fought a long campaign to get it built.

It also reasoned it should be allowed to give places to children from Stoneleigh and parts of Worcester Park, who live further from the school than many potential Sutton pupils.

But Sutton Council attacked the proposal as unfair and called for the final decision to be made by an independent adjudicator.

Dr Alan Billings partially upheld Suttons objection, saying: What the school was proposing would discriminate heavily in favour of children from Epsom and Ewell to the disadvantage of those who live nearby in Sutton.

The case as with the schools place crisis reported in last weeks Comet has again brought the Greenwich Judgement under scrutiny. This is a ruling which stops admissions authorities from giving priority to children living in the same borough as the school.

In a statement, Sutton Council said Blenheim Highs proposals contravened the Greenwich Judgement.

Sutton felt this was unfair to children in this area as it excluded Sutton addresses, which include those in Worcester Park, a spokesperson said.

This reaction comes at a poignant time when parents of the 18 children without a school may face legal action.

The council offered places to the youngsters at Stanley Park School or out of the borough but parents argue they were within their rights to refuse them. Now in a stand-off, parents are begging the council to squeeze their children into local schools, which now are all full.

Education director Ian Birnbaum said: Given the Greenwich Judgement, it inevitably means some parents do not get the school of their choice. Unless and until the law is changed, it means some parents have to take up places in schools in neighbouring boroughs.

Blenheim School was opened five years ago in response to protests by Epsom parents that there were not enough secondary school places in the borough. It is considered by some parents to be a flagship school in Surrey.