The Supreme Court has ruled that JFS, a faith school, broke race discrimination laws by refusing to admit a boy who the school did not recognise as Jewish.
The Supreme Court has ruled that JFS, a faith school, broke race discrimination laws by refusing to admit a boy who the school did not recognise as Jewish.
In the landmark case of R (on the application of E) v JFS [2009] UKSC 15, the court held by a 5:4 majority that the school’s use of an ethnic-based test in selecting pupils amounted to direct discrimination incompatible with the Race Relations Act 1976.
JFS refused admission because the boy, M, was not recognised as Jewish under Orthodox Jewish law by the school and Chief Rabbi. JFS, a popular school which is over-subscribed, gives priority to children whose mothers are recognised as Jewish by the Chief Rabbi (matrilineal descent). The boy’s parents brought legal action against the school.
All nine Justices emphasised that they did not believe either JFS or the Chief Rabbi were acting in a “racist”
