Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin) (04 February 2019)

Z & Ors, R (On the Application Of) v Hackney London Borough Council & Anor [2019] EWHC 139 (Admin) (04 February 2019)

AIHA's arrangements for allocating social housing primarily to Orthodox Jews are justified as a proportionate means of achieving a legitimate aim under section 158 of the Equality Act 2010, given the real and substantial disadvantages and different needs faced by the Orthodox Jewish community, including poverty, deprivation, anti-Semitism, and the need for community-based living. The arrangements are not a blanket exclusion and are lawful. Consequently, Hackney's nomination arrangements are also lawful.

Citation
[2019] EWHC 139 (Admin)
Parties
Claimants: Z and others; First Defendant: Hackney London Borough Council; Second Defendant: Agudas Israel Housing Association
Jurisdiction
England and Wales
Judgment Date
04 February 2019
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Indirect Discrimination, Direct Discrimination, Positive Action, Charity Exception, Allocation of Social Housing, Proportionality, Protected Characteristics
Administrative Law Equality Law Housing Law Indirect Discrimination Direct Discrimination Positive Action Charity Exception Allocation of Social Housing +2 more

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Parties

Z and others

Claimants

Hackney London Borough Council

First Defendant

Agudas Israel Housing Association

Second Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether AIHA's arrangements for allocating social housing to Orthodox Jews are lawful under the Equality Act 2010
  2. 2 Whether Hackney's nomination arrangements to AIHA properties are lawful
  3. 3 Whether the arrangements constitute unlawful direct or indirect discrimination on grounds of religion or race

Ratio Decidendi

AIHA's arrangements for allocating social housing primarily to Orthodox Jews are justified as a proportionate means of achieving a legitimate aim under section 158 of the Equality Act 2010, given the real and substantial disadvantages and different needs faced by the Orthodox Jewish community, including poverty, deprivation, anti-Semitism, and the need for community-based living. The arrangements are not a blanket exclusion and are lawful. Consequently, Hackney's nomination arrangements are also lawful.

Court Disposition

Claim dismissed

Orders

  • The claim is dismissed.