R (E) v Governing Body of JFS
R (E) v Governing Body of JFS [2009] UKSC 15 is a landmark decision of the UK Supreme Court concerning religious discrimination in school admissions. The case centered on the admissions policy of the Jewish Free School (JFS), an Orthodox Jewish school in London. The school’s policy gave priority to applicants who were Jewish according to the matrilineal descent rule of Orthodox Judaism (meaning their mother was Jewish) or who had converted to Orthodox Judaism.
The claimant, known as "E" for privacy reasons, was a child who was refused admission to JFS because while her father was Jewish, her mother had converted to Judaism through a non-Orthodox conversion. E argued that this admissions policy was discriminatory on the grounds of race, contrary to the Race Relations Act 1976.
The Supreme Court ultimately ruled in favor of E, holding that the school's admission policy did constitute racial discrimination. The Court reasoned that the definition of "Jewish" in the school's policy, which relied on matrilineal descent or Orthodox conversion, effectively discriminated based on ethnic or national origin, aligning it with the statutory definition of "racial group" under the Race Relations Act.
The decision had significant implications for faith schools in the UK, prompting them to review their admissions policies to ensure compliance with anti-discrimination laws. It clarified the extent to which religious criteria can be used in admissions without infringing on legal protections against racial discrimination. It remains a key legal precedent in the area of religious discrimination and educational policy.