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Posts Tagged ‘Discrimination’

The UK Supreme Court Dismisses the Jewish Free School Appeal

December 16, 2009 5 comments

A nine-judge panel of the United Kingdom Supreme Court today delivered what the Guardian is describing as ‘the most controversial ruling since the supreme court [sic] was created’. Whilst the Court, in the words of its President Lord Phillips (at [8]), ‘has not welcomed being required to resolve this dispute’, it ruled, in a 259 paragraph judgment, that the Jewish Free School’s (JFS) admissions policy amounted to direct discrimination on the basis of race. Whilst further commentary will undoubtedly follow over the next few days, there follows a brief summary of this decision. Mairead Enright blogged on the Court of Appeal’s decision on this case when the Supreme Court heard the case in October (here and here).

At issue was whether part of the JFS’s policy for choosing between potential pupils in the event of oversubscription (and, as Lord Phillips noted at [5], ‘JFS is an outstanding school. For many years far more children have wished to go there than there have been places in the school’) which gave priority to applicants regarded as “Jewish by birth”. M, a child who applied to the JFS, was denied a place at the school because, in the determination of the Office of the Chief Rabbi of the United Kingdom, M’s mother was not Jewish at the time of M’s birth as her conversion to Judaism had not taken place in an Orthodox synagogue. Read more…

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