I could not apply for a place because they would not give me an application form, because I was not Catholic
If a state school refused to allow you to apply it was acting illegally. They can push you to the bottom of the admission criteria but they cannot refuse to consider your application. If they have a vacancy and you are the only person applying they must offer the place to you. They cannot hold the place vacant until someone of the faith applies.
Of course, for the normal admissions round you apply through the LA. The LA will always submit your application to the school for consideration. The school may have an SIF which is needed if you are claiming priority as a Catholic. The SIF generally serves no purpose if you are not a Catholic so is not required for non-Catholic applicants. They must consider your application regardless of whether or not they have received an SIF.
Or, how about if you apply to a faith school under the faith criterion you automatically move to the bottom of any list for any non faith school. That would be fair, surely?
Currently schools are not allowed to know which other schools you have applied for, nor are they allowed to know the order in which you placed your preferences. They cannot take this kind of information into account. If you attempted this a lot of grossly unfair practises would creep in and we would be back to the bad old days of parents having to game their preferences instead of simply putting them in their genuine order of preference. And I really don't think that being high up on the admission criteria for one school should result in you being penalised by other schools. I don't see that as in any way fair.
You would be OK with admissions criteria that selected on the basis of race and skin colour then?
No, but I am happy with admissions criteria that select on the basis of sex - single sex schools. Sex and religion are fairly similar in terms of equality law. Discrimination on both grounds is generally illegal. However:
- single sex clubs can refuse to admit people on sex grounds
- religious organisations can refuse to admit people on faith grounds
- employers can refuse to employ people on sex grounds in limited circumstances
- faith employers can refuse to employ people of faith grounds
- schools can refuse to admit people on sex grounds if the school is single sex
- schools cannot refuse to admit people on faith grounds but they can prioritise on faith grounds if the school is a faith school