Key facts of the case - In the case at hand, the issue was the admission policy of a faith school (JFS), which gave priority to pupils regarded as ‘Jewish by birth’. A child was refused admission to this school after a Rabbi decided he could not be regarded as Jewish. Despite his Jewish Faith and practice, his mother was not born Jewish.

Main reasoning of the court - The UK Supreme Court, by a majority of 5-4, decided that the admission policy of the school in question, JFS, was a breach of the Race Relations Act 1976, constituting discrimination on grounds of a person’s racial group because the admission policy was dependent on a test of Jewishness based on descent through a Jewish mother.

Comment - This school was state funded although it had a religious ethos. It is believed however that the same principles would apply to schools with a religious character which are totally independent of the state.

See the decision: 2009-12-16 - Supreme Court, R (on the application of E) v The Governing Body of JFS and the Admissions Appeal Panel of JFS and others [2009] UKSC 15.