Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor

Z & Aanor, R (On the Application Of) v London Borough of Hackney & Anor

AIHA's allocation policy, which restricts housing to members of the Orthodox Jewish community, is lawful under section 193(1) and 193(2)(b) of the Equality Act 2010 as it is in pursuance of a charitable instrument and for the purpose of preventing or compensating for disadvantage linked to religion. A proportionality assessment is not required under section 193(2)(b). Even if proportionality were required, the Divisional Court's assessment was correct: the disadvantage to non-members is minimal, the needs of the Orthodox Jewish community are compelling, and the arrangements are proportionate. Hackney's nomination policy is also lawful, and there was no breach of section 11 of the Children...

Parties
Appellant: Z and Another; First Respondent: London Borough of Hackney; Second Respondent: Agudas Israel Housing Association Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2019
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Direct Discrimination, Positive Action, Charitable Exemptions, Housing Allocation, Proportionality, Protected Characteristics, Children's Welfare
Equality Law Administrative Law Charity Law Human Rights Direct Discrimination Positive Action Charitable Exemptions Housing Allocation +3 more

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Parties

Z and Another

Appellant

London Borough of Hackney

First Respondent

Agudas Israel Housing Association Limited

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether AIHA's housing allocation policy constitutes unlawful direct discrimination on grounds of religion under the Equality Act 2010
  2. 2 Whether such discrimination is justified under section 158 or section 193 of the Equality Act 2010
  3. 3 Whether Hackney's nomination policy is lawful

Ratio Decidendi

AIHA's allocation policy, which restricts housing to members of the Orthodox Jewish community, is lawful under section 193(1) and 193(2)(b) of the Equality Act 2010 as it is in pursuance of a charitable instrument and for the purpose of preventing or compensating for disadvantage linked to religion. A proportionality assessment is not required under section 193(2)(b). Even if proportionality were required, the Divisional Court's assessment was correct: the disadvantage to non-members is minimal, the needs of the Orthodox Jewish community are compelling, and the arrangements are proportionate. Hackney's nomination policy is also lawful, and there was no breach of section 11 of the Children...

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.