JFS (school) - Controversy Over Admissions Criteria

Controversy Over Admissions Criteria

In October 2006, a Jewish father made enquiries with the United Synagogue as to whether his son, born to a mother who had been converted to Judaism under the auspices of the Masorti movement, could convert under Orthodox auspices for entry to JFS in September 2007. He was advised the process could take several years and that such applications to JFS are very rarely successful given that the school is highly oversubscribed. He applied for his son but did not declare to the school's admissions board the mother's conversion history.

By April 2007, he had not supplied JFS with the requested information, whereupon the school advised him that, being oversubscribed that year, it was unlikely his son could be offered a place. He thereupon unsuccessfully appealed for reconsideration of his application.

In July 2008, the father sought to prosecute JFS on the grounds of racial discrimination, but High Court judge, Mr Justice Munby, ruled contrariwise, holding JFS' selection criteria were not intrinsically different from Christian or Islamic faith schools and their being declared illegal could adversely affect "the admission arrangements in a very large number of faith schools of many different faiths and denominations".

The Court of Appeal, however, in June 2009 declared that JFS, under the Race Relations Act 1976, had illegally discriminated against the child on grounds of race. They ruled that the mother's religious status, and thus her child's religious status, had been determined using a racial criterion rather than a religious criterion. The school subsequently issued revised admissions criteria based on religious practice including synagogue attendance, formal Jewish education and volunteering. JFS and the United Synagogue appealled to the Supreme Court, with the support of chief rabbi Jonathan Sacks. On 16 December 2009, the UK Supreme Court upheld the Court of Appeal's ruling.