A PLAN to close a footpath through the grounds of a York public school were again being debated today - after it emerged the proposal councilors who threw them out last month had been given incorrect information.

The controversial proposal to shut the path, which runs past St Peter's School in Clifton, was jettisoned by City of York Council's east area planning and transport committee.

The decision went against one made last November by members of the council's urgency committee, which decided to go ahead with an order to close the footpath to protect staff and pupils from possible attacks or harassment.

The area committee said the school had not produced enough evidence to show crimes committed in the vicinity of the school were a result of the footpath being kept open, and abandoned the order. The council had received objections from the Ramblers' Association and Cyclists' Touring Club, more than 180 letters of protest from the public, and two petitions opposing closure, along with nine letters of support for the closure.

The school said then it remained convinced the closure was essential to improving the safety and security of pupils and staff at St Peter's - a view supported by North Yorkshire Police - and it was consulting advisers over a possible appeal against the decision.

Now the issue was set to come back this afternoon to the urgency committee after it emerged that incorrect information was included in an officer's report to the area meeting, which may have influenced councilors in reaching their decision.

Councillors were told last month that, if they abandoned making the order, the school would have the right to appeal against the decision.

But officers say now that, shortly after that decision was made, officers discovered that legislation giving the school the right of appeal had not yet been brought into force by the Secretary of State. "The option of appeal by the applicant was therefore not available."

Officers say the decision could be subject to challenge, and could be considered maladministration by the authority.

The committee was this afternoon being given two options - to abandon the order or to press ahead with it and send it to the Secretary of State for determination.

Richard Smyth, head teacher of St Peter's, declined to comment before the meeting.

But Jim Begley, of the Clifton Path Action Group, which has campaigned to keep the path open, said: "We are very disappointed it has been referred back to the urgency committee."

He said he intended attending the meeting, where he would argue that the area committee had been much more representative of the views of the public in deciding to keep the path open than the urgency committee, which had wanted to shut it.

Updated: 10:24 Tuesday, May 24, 2005