Court rules faith school can disadvantage black children

The Court of Appeal has ruled that a Church of England school in London can keep an admissions policy that puts a black family at a disadvantage because of their race, because the policy was judged to protect the school’s religious character. Humanists UK says the ruling shows how religious selection in state schools divides children along racial lines. It will call on the UK Government to end religious selection through its review of the School Admissions Code.

Last year, a black Eritrean family lost their High Court challenge to the admissions policy at Twyford Church of England High School in Ealing. The Court accepted that the policy put them at a disadvantage because of their race and ethnic origin, but found this was a proportionate way to preserve the school’s Anglican character and ethos. The Court of Appeal has now upheld that ruling.

The Court said Parliament’s decision to let faith schools select by religion shows a high public interest in preserving them. It also said courts are not well placed to judge what a school’s religious ethos requires.

The family’s son was refused a place at Twyford. The family attends an Eritrean Orthodox church. Twyford gives 150 of its 190 places by religion. Families get up to 20 points for regular attendance at a range of Christian churches, and one extra point if their main church is Church of England or in communion with it. In practice, children need all 21 points to get in. The boy scored 20 and missed out. His mother argued that the extra Anglican point was indirect race discrimination, because Church of England congregations are much whiter than those of most other Christian denominations.

The Secretary of State for Education intervened in the case and argued that faith school admissions should be exempt from race discrimination claims altogether. The Court rejected this, so families can still bring such claims. But the judgment will make them much harder to win.

Richy Thompson, Director of Human Rights and Advocacy, said:

‘A boy was turned away from the school he can see from his home in a system that the court accepts puts black and minority ethnic families at a disadvantage. That this is lawful in state schools paid for by all of us should shame ministers into action.

‘Religious selection doesn’t only discriminate on religion. It divides children by race. And the Government’s own lawyers tried to shut the door on families challenging it. The Admissions Code review is the chance to end religious selection for good, and ministers must take it.’