Can a secondary school prioritise first choice applications

[Runoutofideas]

I have just seen a draft of the admissions procedure and policy for a new secondary school which a group of people are trying to open close to my house. The process gives priority to people who have put them as first choice on the form co-ordinated by the council. This would accept first choice children over and above special needs, siblings and distance. The school would be a free school, but even so, is this allowed? I thought that, certainly for primary school applications, the first/second/third choice made no difference to whether a place would be offered. Any experts know? Thanks

No that isn't the same thing. It is possible their funding agreement will allow this. If not it is possibly in breach of the ban on giving priority based on parents giving practical or financial support to the school. If this is still in their final admission arrangements you can refer it to the Schools Adjudicator for a ruling.