R(E) v Governing Body of JFS
Encyclopedia
R v Governing Body of JFS [2009] UKSC 15 is a United Kingdom
discrimination case, concerning the Jewish Free School's policy of denying entry to people whom they defined as belonging to a different religion. The United Kingdom Supreme Court held by a majority of five to four that the school had discriminated against pupils, including the claimant, "E", on the basis of race under the Race Relations Act 1976
. Five of their Lordships held that the school had directly discriminated against applicant pupils and two of their Lordships held that the school was indirectly discriminating on grounds of race. The case was the first processed at the newly-established Supreme Court of the United Kingdom
.
movement, could convert under Orthodox auspices for entry to JFS in September 2007. He was advised the process could take several years and that such applications to JFS are very rarely successful given that the school is highly oversubscribed. He applied for his son but did not declare to the school's admissions board the mother's conversion history.
By April 2007, he had not supplied JFS with the requested information, whereupon the school advised him that, being oversubscribed that year, it was unlikely his son could be offered a place. He thereupon unsuccessfully appealed for reconsideration of his application.
In July 2008, the father sought to prosecute JFS on the grounds of alleged racial discrimination, but High Court judge, Mr Justice Munby, ruled contrariwise, holding JFS' selection criteria were not intrinsically different from Christian or Islamic faith schools and their being declared illegal could adversely affect "the admission arrangements in a very large number of faith schools of many different faiths and denominations".
, Lady Hale
, Lord Mance
, Lord Clarke and Lord Kerr held that the school had directly discriminated on grounds of race. Lord Clarke wrote,
Lord Hope
and Lord Walker
held there had been indirect discrimination on grounds of race. Lord Hope wrote that identifying the school's admission criteria as racial, rather than religious, was to confuse the effect of this unequal treatment with the grounds for the treatment; he and Lord Walker said that the school's admission policy nonetheless put certain Jews at a disadvantage.
Lord Rodger
and Lord Brown
dissented. Lord Rodger said that the pupil's mother "could have been as Italian in origin as Sophia Loren
and as Roman Catholic as the Pope" as long as she had converted to Judaism in a manner that satisfied the school governors. Both said that the indirect discrimination found by Lords Hope and Walker was acceptable in the service of the school's objective; Lord Brown criticized the idea of imposing a test for admission based on practice and belief as closer to the Christian definition of members of a faith, when Jewish law defines membership in the religion by birth.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
discrimination case, concerning the Jewish Free School's policy of denying entry to people whom they defined as belonging to a different religion. The United Kingdom Supreme Court held by a majority of five to four that the school had discriminated against pupils, including the claimant, "E", on the basis of race under the Race Relations Act 1976
Race Relations Act 1976
The Race Relations Act 1976 was established by the Parliament of the United Kingdom to prevent discrimination on the grounds of race.Items that are covered include discrimination on the grounds of race, colour, nationality, ethnic and national origin in the fields of employment, the provision of...
. Five of their Lordships held that the school had directly discriminated against applicant pupils and two of their Lordships held that the school was indirectly discriminating on grounds of race. The case was the first processed at the newly-established Supreme Court of the United Kingdom
Supreme Court of the United Kingdom
The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...
.
Facts
In October 2006, a Jewish father made enquiries with the United Synagogue as to whether his son, born to a mother who had been converted to Judaism under the auspices of the MasortiMasorti
The Masorti Movement is the name given to Conservative Judaism in Israel and other countries outside Canada and U.S. Masorti means "traditional" in Hebrew...
movement, could convert under Orthodox auspices for entry to JFS in September 2007. He was advised the process could take several years and that such applications to JFS are very rarely successful given that the school is highly oversubscribed. He applied for his son but did not declare to the school's admissions board the mother's conversion history.
By April 2007, he had not supplied JFS with the requested information, whereupon the school advised him that, being oversubscribed that year, it was unlikely his son could be offered a place. He thereupon unsuccessfully appealed for reconsideration of his application.
In July 2008, the father sought to prosecute JFS on the grounds of alleged racial discrimination, but High Court judge, Mr Justice Munby, ruled contrariwise, holding JFS' selection criteria were not intrinsically different from Christian or Islamic faith schools and their being declared illegal could adversely affect "the admission arrangements in a very large number of faith schools of many different faiths and denominations".
Judgment
Lord PhillipsNicholas Phillips, Baron Phillips of Worth Matravers
Nicholas Addison Phillips, Baron Phillips of Worth Matravers, KG PC is the President of the Supreme Court of the United Kingdom. Before 1 October 2009 his title was Senior Lord of Appeal in Ordinary. He was Master of the Rolls from 2000 to 2005 and Lord Chief Justice of England and Wales from 2005...
, Lady Hale
Brenda Hale, Baroness Hale of Richmond
Brenda Marjorie Hale, Baroness Hale of Richmond, DBE, QC, PC, FBA is a British legal academic, barrister, judge and a Justice of the Supreme Court of the United Kingdom....
, Lord Mance
Jonathan Mance, Baron Mance
Jonathan Hugh Mance, Baron Mance, PC is a Justice of the Supreme Court of the United Kingdom.-Early life:Mance was born on 6 June 1943, one of four children of Sir Henry Mance, an important figure in Lloyd's Register. Like his father, he attended Charterhouse, a boarding school in Godalming, Surrey...
, Lord Clarke and Lord Kerr held that the school had directly discriminated on grounds of race. Lord Clarke wrote,
"I do not accept they were not considering M’s ethnic origins or making a decision on ethnic grounds....As I see it, once it is accepted...that the reason M is not a member of the Jewish religion is that his forbears in the matrilineal line were not Orthodox Jews and that, in that sense his less favourable treatment is determined by his descent, it follows that he is discriminated against on ethnic grounds....The question is, in my opinion...whether it is discrimination on ethnic grounds to discriminate against all those who are not descended from Jewish women."
Lord Hope
David Hope, Baron Hope of Craighead
James Arthur David Hope, Baron Hope of Craighead, is a Scottish judge and Deputy President of the Supreme Court of the United Kingdom, having previously been the Second Senior Lord of Appeal in Ordinary.-Early life:...
and Lord Walker
Robert Walker, Baron Walker of Gestingthorpe
Robert Walker, Baron Walker of Gestingthorpe, PC, QC is an English barrister and Justice of the Supreme Court of the United Kingdom...
held there had been indirect discrimination on grounds of race. Lord Hope wrote that identifying the school's admission criteria as racial, rather than religious, was to confuse the effect of this unequal treatment with the grounds for the treatment; he and Lord Walker said that the school's admission policy nonetheless put certain Jews at a disadvantage.
Lord Rodger
Alan Rodger, Baron Rodger of Earlsferry
Alan Ferguson Rodger, Baron Rodger of Earlsferry, FRSE, FBA, PC was a Scottish lawyer and Justice of the Supreme Court of the United Kingdom....
and Lord Brown
Simon Brown, Baron Brown of Eaton-under-Heywood
Simon Denis Brown, Baron Brown of Eaton-under-Heywood, PC, is a British lawyer and Justice of the Supreme Court of the United Kingdom.-Early life:...
dissented. Lord Rodger said that the pupil's mother "could have been as Italian in origin as Sophia Loren
Sophia Loren
Sophia Loren, OMRI is an Italian actress.In 1962, Loren won the Academy Award for Best Actress for her role in Two Women, along with 21 awards, becoming the first actress to win an Academy Award for a non-English-speaking performance...
and as Roman Catholic as the Pope" as long as she had converted to Judaism in a manner that satisfied the school governors. Both said that the indirect discrimination found by Lords Hope and Walker was acceptable in the service of the school's objective; Lord Brown criticized the idea of imposing a test for admission based on practice and belief as closer to the Christian definition of members of a faith, when Jewish law defines membership in the religion by birth.