E, R (on the application of) v Governing Body of JFS & Ors

E, R (on the application of) v Governing Body of JFS & Ors

JFS's admissions policy, by requiring a child’s mother to be recognised as Jewish by the OCR, applies a test of ethnicity and constitutes direct racial discrimination under the Race Relations Act 1976. The policy cannot be justified by religious motivation or school ethos. If the discrimination were indirect, it would still lack a legitimate aim as it is explicitly based on ethnicity.

Parties
Appellant: E (on behalf of M); Respondent: The Governing Body of JFS; Respondent: The Admissions Appeal Panel of JFS; Interested Party: The Secretary of State for Education; Interested Party: The London Borough of Brent; Interested Party/respondent: The Office of the Schools Adjudicator; Intervener: The United Synagogue; Interested Party: David Lightman; Interested Party: Kate Lightman; Intervener: The British Humanist Association
Jurisdiction
England and Wales
Judgment Date
25 June 2009
Procedural Posture
Judicial Review (appeal) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Race Discrimination in School Admissions, Faith Schools and Admissions Policy, Direct and Indirect Discrimination, Interpretation of Race Relations Act 1976
Constitutional Law Education Law Equality and Discrimination Law Race Discrimination in School Admissions Faith Schools and Admissions Policy Direct and Indirect Discrimination Interpretation of Race Relations Act 1976

Case Brief

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Parties

E (on behalf of M)

Appellant

The Governing Body of JFS

Respondent

The Admissions Appeal Panel of JFS

Respondent

The Secretary of State for Education

Interested Party

The London Borough of Brent

Interested Party

The Office of the Schools Adjudicator

Interested Party/respondent

The United Synagogue

Intervener

David Lightman

Interested Party

Kate Lightman

Interested Party

The British Humanist Association

Intervener

Procedural Posture

Judicial Review (appeal) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether JFS's admissions policy constitutes direct or indirect racial discrimination under the Race Relations Act 1976
  2. 2 Whether the criterion of Jewish status as defined by the Office of the Chief Rabbi is a religious or ethnic test
  3. 3 Whether any indirect discrimination can be justified as a proportionate means of achieving a legitimate aim

Ratio Decidendi

JFS's admissions policy, by requiring a child’s mother to be recognised as Jewish by the OCR, applies a test of ethnicity and constitutes direct racial discrimination under the Race Relations Act 1976. The policy cannot be justified by religious motivation or school ethos. If the discrimination were indirect, it would still lack a legitimate aim as it is explicitly based on ethnicity.

Court Disposition

Appeal allowed

Orders

  • The appeals succeed to the extent indicated in the judgment; further orders to be formulated with counsel's assistance.