E v The Governing Body of JFS & Anor

E v The Governing Body of JFS & Anor

JFS's admissions policy, which gives preference to children recognised as Jewish by the Office of the Chief Rabbi (OCR) or enrolled on an OCR-approved conversion course, is based on religious status as defined by Orthodox Jewish law, not on ethnic origin. The policy does not constitute direct race discrimination under the Race Relations Act 1976. While the policy may have an indirect discriminatory effect, it is a proportionate means of achieving a legitimate aim—maintaining the school's Orthodox Jewish ethos—and is justified. The delegation to the OCR for determining Jewish status is lawful and consistent with practice in faith schools. The Governing Body failed to comply with its duty...

Parties
Claimant: R (E); Defendant: The Governing Body of JFS; Defendant: The Admissions Panel of JFS; Interested Party: The Secretary of State for Children, Families and Schools; Interested Party: The London Borough of Brent; Interested Party/defendant: Office of the Schools Adjudicator; Intervener: The United Synagogue; Intervener: The British Humanist Association; Interested Party: Mrs L; Interested Party: Mr L
Jurisdiction
England and Wales
Judgment Date
03 July 2008
Procedural Posture
Judicial Review / Judgment After Full Hearing
Outcome
Claim for judicial review dismissed except for a declaration of breach of section 71 Race Relations Act 1976
Legal Topics
Race Discrimination in School Admissions, Faith Schools and Admissions Criteria, Delegation of Public Law Powers, Section 71 Race Relations Act 1976 Duty, Interpretation of 'ethnic Origin' Under Mandla, Compliance With School Admissions Code
Administrative Law Education Law Equality and Discrimination Law Human Rights Law Race Discrimination in School Admissions Faith Schools and Admissions Criteria Delegation of Public Law Powers Section 71 Race Relations Act 1976 Duty +2 more

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Parties

R (E)

Claimant

The Governing Body of JFS

Defendant

The Admissions Panel of JFS

Defendant

The Secretary of State for Children, Families and Schools

Interested Party

The London Borough of Brent

Interested Party

Office of the Schools Adjudicator

Interested Party/defendant

The United Synagogue

Intervener

The British Humanist Association

Intervener

Mrs L

Interested Party

Mr L

Interested Party

Procedural Posture

Judicial Review / Judgment After Full Hearing

Legal Issues

  1. 1 Whether JFS's admissions policy constitutes direct or indirect race discrimination under the Race Relations Act 1976
  2. 2 Whether the admissions policy unlawfully delegates decision-making to the Office of the Chief Rabbi
  3. 3 Whether the admissions policy fails to reflect the school's designated religious character

Ratio Decidendi

JFS's admissions policy, which gives preference to children recognised as Jewish by the Office of the Chief Rabbi (OCR) or enrolled on an OCR-approved conversion course, is based on religious status as defined by Orthodox Jewish law, not on ethnic origin. The policy does not constitute direct race discrimination under the Race Relations Act 1976. While the policy may have an indirect discriminatory effect, it is a proportionate means of achieving a legitimate aim—maintaining the school's Orthodox Jewish ethos—and is justified. The delegation to the OCR for determining Jewish status is lawful and consistent with practice in faith schools. The Governing Body failed to comply with its duty...

Court Disposition

Claim for judicial review dismissed except for a declaration of breach of section 71 Race Relations Act 1976

Orders

  • Declaration that the Governing Body of JFS failed to comply with section 71 of the Race Relations Act 1976
  • All other relief refused