Quality | 2009.06.26
Faith school loses admissions battle
Jewish school\'s refusal to admit boy whose mother converted to Judaism ruled unlawful
A Jewish school that prioritised applications from children with Jewish mothers discriminated on grounds of race, the Court of Appeal ruled today, in a landmark decision on the admissions criteria used by faith schools.
The ruling follows an appeal brought on behalf of a 12-year-old boy known as M, who was refused admission to JFS, previously known as the Jews\' Free School, in Brent, London.
M, a practising Jew who regularly attends a progressive synagogue, was told he could not be admitted to the school because his mother had converted to Judaism in a procedure not recognised by the Chief Rabbi.
Overturning a previous judgment in favour of the school, the Court of Appeal ruled that a policy determining eligibility based on a person\'s descent, rather than religious practice, amounted to racial discrimination.
"It appears clear to us… that Jews constitute a racial group defined principally by ethnic origin and additionally by conversion," Lord Justice Sedley said. "To discriminate against a person on the ground that he or someone else either is or is not Jewish is therefore to discriminate against him on racial grounds."
The controversial ruling comes after both the government and the United Synagogue strongly contested the claim that the school\'s admissions policy was discriminatory, arguing that the criterion was a purely religious and not racial one.
Faith schools are exempted from the law prohibiting discrimination on grounds of religion or belief, to enable them to provide education in line with their religious beliefs.
"Once [a faith school] is oversubscribed, it can lawfully restrict entry to children whom – or whose parents – it regards as sharing the school\'s faith," the court said. "No school, however, is permitted to discriminate in its admissions policy on racial grounds."
M\'s legal team applauded the judgment. "We welcome the strong statement by the Court of Appeal that the fundamental right to equality before the law regardless of race applies to the admissions criteria of a faith school," said John Halford, a solicitor at Bindmans who represented M\'s father, referred to as E.
"It is unlawful for a child\'s ethnic origins to be used as the criterion for entry to a school. Such a practice is even more unacceptable in the case of a comprehensive school funded by the taxpayer," Halford added.
The ruling was also welcomed by groups supporting the opening up of faith schools. "Anything that prevents discrimination and encourages faith schools to widen the range of pupils they admit is good news," said Rabbi Dr Jonathan Romain, chair of the Accord Coalition, which campaigns on reforming the law on faith schools.
However, some Jewish groups, along with the Chief Rabbi Sir Jonathan Sacks, condemned the ruling, saying that the principles underlying membership of the Jewish faith had "nothing to do with race and everything to do with religion".
"Ethnicity is irrelevant to Jewish identity, according to Jewish law," said Sacks. "I have advised the leadership of JFS, the United Synagogue and the Board of Deputies on behalf of our community that they have my full personal support and encouragement to use the necessary avenues available to them to maintain our historic rights to be true to our faith and a blessing to others regardless of their faith."
The United Synagogue, which provides religious guidance to JFS, warned the ruling would have a "very serious effect on all Jewish schools". JFS said it was "very disappointed" with the court\'s decision, claiming it would "seriously undermine the Jewish ethos of the school". It confirmed it would seek leave to appeal.
For more information, please visit
http://www.guardian.co.uk/education/2009[...]missions-policy-discriminatory
