Speaking at a conference on fair access and school admissions, Sir Philip Hunter claimed that many schools operate an unfair and unclear admissions process.
He said some schools still ask parents unreasonable questions about their marital status and occupation, but insisted that schools are not breaching the code deliberately.
Schools are uncertain about the admissions process and break the code because of "administrative" issues, he said.
Hunter is currently conducting a review into the schools admissions process. He revealed his interim findings at the London conference but will unveil his full report next month.
He said: "The Secretary of State correctly identified a series of issues about compliance of the admissions code. He asked me to sort it out."
He added he was "pretty confident" this had been done.
A Department for Children, Schools and Families consultation on proposed revisions to the school admissions code closed two weeks ago. A new code will come into force in 2009.
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