Key facts of the case - A voluntary aided (i.e. state funded) Catholic school sought to give priority in admission to Catholics, other Christians, and others, in that order. Parents of a Muslim and a Hindu girl applied to be admitted to the school, thus expressing their preference in accordance with the Education Act 1980. The school’s governors refused applications because the girls did not meet any of the admission criteria." This case raises the question to know whether an over-subscribed voluntary-aided school (it had more candidates than it could accommodate) is entitled to deny application on religious grounds and whether this right would prevail over the duty to give effect to parental preference.

Main reasoning of the court - The House of Lords held that the duty to comply with parental preference did not apply where compliance would prejudice the provision of efficient education or the efficient use of resources.