School Appeal - School asking for preference order on appeal form

[SunburstsOrMarbleHalls]

Asking on behalf of a friend.

She wished to appeal on behalf of her DD to an academy school which is its own admission authority but co ordinates with the LEA for admissions although conducts its own appeals separately.

School has quite a complicated admission policy due to having automatic admission from attached junior school and then remaining places allocated as follows: 10% allocated to students demonstrating high musical ability then all remaining sit an entry test that is used to implement a banding system 1 - 5 (20% in each group) to ensure the school has a balanced mix of abilities.

Friend has just downloaded the notice of appeal form that must be submitted directly to the school. The form is asking for "School preferences as placed on the preference form" and then numbers 1 - 3 to enter the information.

I though I would query this as I'm not sure why the school require this information due to the equal preference system that should be applied. Friend is worried that as she put this school 2nd on preference form it may be viewed that it wasn't her top choice and therefore it may weaken her case.

Does anyone know if this is usual?

What's the grounds for the appeal?

I am tagging @prh47bridge who is the expert around here for anything to do with School Appeals

There is nothing that says they can't ask for this. Indeed, I have known LAs include the original application form in appeals for community schools, which will, therefore, include the preferences. An appeal panel should ignore this. As you say, it shouldn't make any difference to the outcome of the case.

I've not seen many forms where schools have managed their own appeals so I can't really say whether or not it is unusual. In all honesty, if I were your friend I would be tempted to leave that blank on the grounds that it isn't relevant.

Note that the school won't get the full preference list from the LA. If someone chooses to lie on the form I doubt the school would know.

Whilst I agree with PRH that the school can ask anything they want, I think that the school are potentially breaking the law. If by asking what preference you put down, they are then giving any consideration of that at the appeal, then they are going against one of the specific cannot do's in paragraph 1.9C -give extra priority to children whose parents rank preferred schools in a particular order, including first preference first arrangements.
I would not answer the question.

The more I've thought about it, the more certain I am that I simply wouldn't answer the question. As I say, if it is answered the appeal panel should ignore it. Of course, that is no guarantee that they will. I know of cases where appeal panels do appear to have sought out this information and used it as part of their decision making process.

Many thanks for the quick responses.

After allocation day the LEA provide individual schools with numbers (not names) regarding how many people placed them as a preference on on the original form for their records. I therefore cannot think of any justification why this school are asking appellants this specific question unless it is to try to influence the appeal process.

I will pass on the recommendations to not answer the question.