The Charity Commission's investigation into whether independent schools provide “public benefits” that justify their tax breaks under charity law is causing angst among head teachers and parents. It shouldn't. It is providing a unique opportunity to bridge the gulf that cleaves our education system in two.

No other country has such a glaring gap between a well-funded independent system that dominates places at top universities and national life, and a state system that, however much it improves, is unable to catch up.

The gulf widened in the last century, principally because of the end of direct grant schools and the abolition of most grammar schools. Brave efforts have taken place in the past few years to build bridges. But the division remains the biggest wasted opportunity in educational advance in Britain today. It must not continue.

Yet that is exactly what will happen if the Charity Commission forces independent schools to offer large number of bursaries to children currently attending state schools. Some independent schools are even saying they will be “needs blind” - offering bursary support up to full fees for every child who passes the entrance test. This is in many ways laudable, and is in tune with the founding spirit of several schools. But it is not the best solution for education as a whole.

What happens when a child is offered a bursary? He or she leaves their state school, changes uniform and joins their new independent school. It gives improved educational opportunities to the child - and significantly boosts the achievement of the independent school, which is why so many want to offer them.

But what effect will it have on the state school? It will deprive it of a strong academic, a key player in the orchestra, the captain of the football or netball team, a real character or a future leader.

Because the children leaving the state schools will not just be ordinary children. They will be the special ones, the ones of rare talent who will inspire other children in that state school, and give the whole school pride and status. What may be good for the individual child will not be good for the school they quit.

While limited bursaries have a role, writ large across the whole country the wholesale removal of gifted children would diminish state schools. It will heighten friction between both sectors. The message state schools would hear is “we are not good enough to educate the most talented”.

It echoes the government-assisted places scheme, initiated by the Conservatives in the 1980s and ended by Labour in 1997. It helped many individual children from humble backgrounds, but was also subject to widespread manipulation by middle-class parents. So too, for all the protestations to the contrary, would widespread bursary schemes.

There is another way, which brings both sectors together, rather than pushes them apart. It will benefit greatly more children than those privileged few who receive bursaries. It is also considerably cheaper than the bursary scheme for independent schools, many of which operate close to the margins and which will face a hard time in the economic downturn.

Many more independent schools could start academies, as Dulwich, Marlborough and Oundle are already doing, as are federations, including the Girls' Day School Trust.

My own school, Wellington College, will be opening an academy in Wiltshire in 2009. These academies are independently run state schools. The capital and running costs are met by government but the inspiration, ethos and the approach to extracurricular activities will come from the founding body. The school we will be opening will have our same house names and mirror many of Wellington's distinctive features. It will cost the school little, but give our whole community much. Ideally, 100 independent schools or federations should start such academies by 2010: they have bipartisan political support, so will be unaffected by whatever party wins the general election. Where independent schools feel unable to start an academy they should be encouraged to form partnerships or federations with state schools. Government should give £200 million annually to facilitate all this - just a quarter of the sum it receives in income tax from fee-paying parents for the state school places they do not claim.

A sea change in attitude needs to occur first. “We have nothing to learn from the other sector” is a cry that is still heard from both sides. This is nonsense, and should be treated as such. Independent schools have much to learn about teaching and learning, as well as assessment, appraisal and staff development. State schools, in turn, could learn more about pastoral care and extramural education. Pupils as well as the teachers would gain from meeting and sharing activities.

At present, partnership activities often involve merely the offering of facilities, the playing of gladiatorial matches or the providing of specialist classes that do little to enhance respect and understanding, and where real communion and sharing is often absent. Few would accept it is beneficial for the genders, races and religions not to meet more. Yet that is exactly what is happening with our education system.

True, many middle-class parents use the state sector, and they dominate the remaining grammar schools. But class remains a key dividing line. Partnership activities will help those from different backgrounds mix more, as will the welcome trend, already begun, and which must continue, for all schools to become independent.

The door is now open. The 21st century could see a vastly improved education for all, with an entirely new spirit of co-operation. If the Charity Commission seizes this opportunity, children from all backgrounds will be the gainers.

Dr Anthony Seldon is Master of Wellington College

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