Half of England's schools have flaws in their policies governing which pupils they admit, a survey suggests.
Half of England's schools which control who they admit have been breaking the law on admissions, a survey suggests.
The study was carried out for the Schools Adjudicator, which regulates the admissions system.
Checks were carried out for the Schools Adjudicator, which regulates the admissions system in England.
Chief adjudicator Sir Philip Hunter said many schools were still asking unfair questions on application forms such as parents' occupation.
Of 3,500 faith, grammar and foundation schools and Academies checked, half were breaking a new admissions code.
A new code was brought in earlier this year to make the admissions system fairer and more transparent.
Chief adjudicator Sir Philip Hunter said many schools were asking unfair questions on application forms such as parents' occupation.
Sir Philip was asked by the government to compile a report on school admissions after it found examples of schools in three areas breaching the code, for example by asking for donations or to see copies of parents' marriage certificates.
The new code was brought in earlier this year to make the admissions system fairer and more transparent.
Sir Philip was asked by the government to compile a report on school admissions after it found examples of a handful of faith schools in three areas breaching the code, for example by asking for donations or to see copies of parents' marriage certificates.
He revealed his interim findings at a conference on admissions in London, saying in total half of admissions authorities - which include local authorities and schools which set their own rules were breaching the new code.
He revealed his interim findings at a conference on admissions in London, saying in total half of admissions authorities - which include local authorities and schools which set their own rules were breaching the new code.
The revelation comes as tens of thousands of parents in England apply for secondary school places.
The revelation comes as tens of thousands of parents in England apply for secondary school places.
"The Secretary of State correctly identified a series of issues about compliance of the admissions code. He asked me to sort it out," said Sir Philip.
"The Secretary of State correctly identified a series of issues about compliance of the admissions code. He asked me to sort it out," said Sir Philip.
He was "pretty confident" this had been done.
He was "pretty confident" this had been done.
Administrative
Administrative
A survey of all local authorities' policies had been carried out, as well as checks on 25 schools in each authority.
A survey of all local authorities' policies had been carried out, as well as checks on about 3,500 schools which control their own admissions - mainly faith schools, foundation schools and Academies.
Sir Philip said most of the breaches of the code which had been uncovered in the survey were administrative, rather than intentional on the part of the schools.
Sir Philip said most of the breaches of the code which had been uncovered in the survey were administrative, rather than intentional on the part of the schools.
"Actually what most of them were about was a whole lot of problems about definitions such as schools failing to define distance," he said.
"Actually what most of them were about was a whole lot of problems about definitions such as schools failing to define distance," he said.
"There were also issues about supplementary information forms and schools asking things they shouldn't ask."
"There were also issues about supplementary information forms and schools asking things they shouldn't ask."
Cases where schools are asking questions about a pupil's background are totally unacceptable David Laws, Liberal Democrat spokesman
Cases where schools are asking questions about a pupil's background are totally unacceptable David Laws, Liberal Democrat spokesman
He said the schools had not used the answers, but that they had been asking for information they were not allowed to - such as the occupation of the candidate's parents.
He said the schools had not used the answers, but that they had been asking for information they were not allowed to - such as the occupation of the candidate's parents.
"Simply nobody was realising that supplementary forms were part of the admissions procedure, but now they know," he added.
"Simply nobody was realising that supplementary forms were part of the admissions procedure, but now they know," he added.
The watchdog is due to publish its report in full in the next few weeks.
The watchdog is due to publish its report in full in the next few weeks.
Liberal Democrat schools spokesman David Laws said the adjudicator's findings were "shocking."
Liberal Democrat schools spokesman David Laws said the adjudicator's findings were "shocking."
He said: "Cases where schools are asking questions about a pupil's background are totally unacceptable.
He said: "Cases where schools are asking questions about a pupil's background are totally unacceptable.
"It is parents who should be choosing schools and not schools cherry-picking children.
"It is parents who should be choosing schools and not schools cherry-picking children.
"Any administrative problems need to be urgently resolved so that parents know exactly where they stand when choosing schools for next year."
"Any administrative problems need to be urgently resolved so that parents know exactly where they stand when choosing schools for next year."
Sir Philip was speaking at a conference attended by council and education officers involved in school admissions, organised by a think-tank which is part of the Local Government Information Unit, which advises local authorities.
Sir Philip was speaking at a conference attended by council and education officers involved in school admissions, organised by a think-tank which is part of the Local Government Information Unit, which advises local authorities.
The body - the Children's Services Network (CSN) - told delegates more schools should use lotteries or random allocation to decide who to admit.
The body - the Children's Services Network (CSN) - told delegates more schools should use lotteries or random allocation to decide who to admit.
And it said restrictions should be placed on schools regarding the awarding of places to pupils who have brothers or sisters at a school.
And it said restrictions should be placed on schools regarding the awarding of places to pupils who have brothers or sisters at a school.
For example, if a family moved out of a catchment area once their eldest child had been given a place at a school, their other children should not be admitted automatically.
For example, if a family moved out of a catchment area once their eldest child had been given a place at a school, their other children should not be admitted automatically.
And more use, it says, should be made of "fair banding". This is where prospective pupils sit tests and are then grouped into bands by ability or aptitude - and a school then admits a proportion from each group.
And more use, it says, should be made of "fair banding". This is where prospective pupils sit tests and are then grouped into bands by ability or aptitude - and a school then admits a proportion from each group.
Local authorities have a statutory duty to promote fair access to education. Martin Rogers, CSN policy consultant, said: "In many areas, there is a significant degree of segregation in school intakes, arising largely from admissions criteria that give priority to siblings of children already at the school and to children who live in close proximity to the school.
Local authorities have a statutory duty to promote fair access to education. Martin Rogers, CSN policy consultant, said: "In many areas, there is a significant degree of segregation in school intakes, arising largely from admissions criteria that give priority to siblings of children already at the school and to children who live in close proximity to the school.
"We hope admission authorities will more actively consider the use of alternatives such as banding or random allocation to improve the position."
"We hope admission authorities will more actively consider the use of alternatives such as banding or random allocation to improve the position."
