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Faith schools could be stripped of the right to select pupils on the basis of their religion, the Standard has learned.
The Government fears that a landmark court case means 100 state and private Jewish schools are breaking race laws by choosing pupils who conform to their beliefs. Many Christian, Muslim and Sikh schools could also be forced to give equal priority to non-believers or pupils of other faiths.
Lawyers acting for Children's Secretary Ed Balls are urging the highest court in the land to protect the centuries-old tradition of schools educating children on religious lines. The minister's warning comes in a submission to the Supreme Court in the case of JFS, a Jewish school in Brent, which is fighting to overturn a ruling that it broke the Race Relations Act.
If the judges refuse to support JFS, formerly the Jews' Free School, hundreds of other faith schools could be forced to abandon religious selection in its current form. Mr Balls's statement to the Supreme Court, seen by the Standard, says: "The case raises issues of considerable public importance."
State faith schools in London achieve some of the best exam results. Many receive far more applications than they have places and so select pupils from the same religious background.
JFS is oversubscribed and gives priority to children who are deemed by the Chief Rabbi to be Orthodox Jewish. The 2,000-pupil school rejected a 12-year-old boy, known only as M, because his mother had not converted to Judaism in an Orthodox synagogue.
In June, the Court of Appeal said such a decision was "a test of ethnicity which contravenes the Race Relations Act". But the school argues that it is central to whether a child is seen as Jewish. The case goes to the heart of whether being Jewish is a religious or a racial matter.
Mr Balls said the ruling hits admissions policies of 38 Jewish schools. "It is also likely that the admissions arrangements of approximately 60 Jewish independent schools are unlawful," he added.
The Appeal Court ruling suggested JFS's admissions policy indirectly discriminated on racial grounds as most people defined as Jewish by religion were also Jewish in ethnic origin. This was wrong and may have "wide ramifications", Mr Balls said.
Reader views (56)
Ann from NY
I have read some rubbish on this thread but yours just takes the biscuit. This is not about HM Gov. taking a Jewish school to task about it's admission policy but a Jewish women taking taking a Jewish school to court.
Assalamu Alaykum Iftikhar,
Still cutting and pasting the same old rubbish I see.
- Mark, South-East London
It's not a surprise the first schools taken to trial are Jewish. The UK has shown it's true colors and its rampant anti-semitism. I doubt these new standards will be enforced in Muslim or Catholic schools. Europe, and increasingly, the UK, is not safe for Jews.
- Ann Jessup, New York, NY
Excellent news - if it means an end to the State taking money off me via taxation and using it to enable religious indoctrination. We've seen where the faith mindset of Blair and Bush led us in Iraq.
- Matt Mckenzie, London, UK
The JFS problen would seem to be that the admission criteria were based on ancestry, not evidenc of commitment to faith. I wonder how an institution with connections with lots of very heavywieght intellectuals and outstanding lawyers got into this mess?
- Alan Griffiths, Forest Gate, LONDON. UK
Just another excuse to attack schools that deliver better results than the ordinary state sector schools. All must be equal, even if that means dumbing down the better performers.
- Trjs, UK
Is Nick Griffin sitting on the Court of Appeal? we all know that being 'Jew-ish' is a matter of culture and ethnicity, but being a Jew is a matter of religious doctrine, and people who know better than the judges have ruled that the mother of the child in question was not an orthodox Jew.If an over-subscribed Catholic school rejects a child of opportunistic converts, will they be guilty of racial prejudice? There is no difference in principle.
- Mdj E10, london uk
Pupils can perform better academically even if they are on free school meals or their parents are un-educated or they do not take interest in their children education. State schools have become exam factories, interested only in A to C Grades. They do not educate children. Education does not only mean high grades. The number of Pakistani children is in majority. They leave school without learning Urdu as their social and emotional language and Arabic as their religious language. They are unable to enjoy the beauty of their literature and poetry. They find themselves cut off from their cultural roots. They feel ashamed to talk in Urdu in front of others. The result is that they lack self-confidence and self-esteem. They suffer form identity crises. OFSTED with non-Muslim monolingual Inspectors is not in aposition to inspect Muslim or Pakistani children's achievements. State schools with non-Muslim monolingual teachers are not role models for Muslim children during their developmental periods. British Muslims are bilingual. They need state funded Muslim schools with bilingual Muslim teachers as role models during their developmental periods. There is no place for a non-Muslim child or a teacher in a Muslim school. Bilingual Muslim children need to learn and be well versed in standard English, and go for higher studies and research to serve humanity. At the same time, they need to learn and be well versed in Arabic, Urdu and other community languages
- Iftikhar, London
One thing the French have got right - and they are (or were) more of a religious monoculture than we are. I'd say, if the State pays - it must be secular. For private choice, if you want to pay (including home-school) there must be a vetted non-politicised minimal curriculum. No exceptions, unless you'd rather go abroad. Feel free.
- Steve, London, England
There are only about 260,000 Jewish people in the UK,a vast majority of which are nowhere near Orthodox, and go to ordinary schools. How many Jewish state schools can there be? And what do they teach? Ain't no brainwashed, hate-filled youths coming out of any of them. Just decent citizens, like most of us. (I am not Jewish.)
- Chris, London UK
Our only hope of an integrated and peaceful society is to mix our children at school - that is the best way to foster tolerance and understanding. Segregating children on the lines of religion, as in Northern Ireland, is divisive and potentially destructive.
- Derek, London
In the present multifaith society it would be prudent to keep religious education out of schools,& keep solely to keep to a curriculum of acedemic studies.There should be plenty of opportunity for religous studies to be carried out in after school hours.As for differing religous festivals & holidays,there would have to be some compromise,after all common sense should prevail.
- Ronald Whitten, Chesterfield England
If everyone attended the saame local school years latter its very difficult to blow up someone you have laughed with - Alan Green, England
...and who was it killing and raping and destroying communities in Bosnia, where they WERE all integrated? Their neighbours! Sorry mate, history doesn't agree with you. Wishful thinking does not, and never has worked.
- Rogan, Irving
Coming from a christian school(Notre Dame Academy), I find this admission on the basis of religion totally fascist and discriminatory. Does this mean that a british child who is not catholic would be discriminated against non - british child who is catholic? Saying that exam results of faith schools are very good totally drowns the main purpose of learning. Education should not be just about results but teaching people to co-exist and respect each other.Discriminating one innocent child against the other on basis of religion certainly creates hatred, discontent and segregated citizens leading to extremism.
- Sanjivini Sharma, Esher; Uk
Kerry - "If the religious want to practice their faith, do it in your own time, and not at my or my childrens expense."
The only trouble with your diatribe is that they want to do it AWAY from your kids. I'm not pro or anti Jewish - I'm just pro intelligent thinking. Some of the arguments against the idea of Faith Based schools being expressed here are frankly dumb.
Ok - the kids in these schools appear to come out better educated than those who do not - so of course everyone wants their kids to benefit. Sounds reasonable?
Consider, please, the moral of the story in "The goose that laid the golden egg". (If you can't figure that out, see my comment about intelligent thinking)
- Rogan, Irving
They won't though, as they'll have to fund them properly
- Peter, Chelmsford UK.
The sheer and utter anti labour bile coming out of your mouth every day 'whatever the topic' is becoming tedious in the extreme. Rather than the usual repetitive slogans, how about addressing the issues for once.
Frank,Home Counties, England take note.
- James, Manchester England
The matrilineal definition of Judaism adopted by Orthodox Jews and the Chief Rabbi is based on genetics but NOT race. As such, although it causes pain to those whose link to a Jewish heritage is through the father, it should not be in breach of laws which forbid discrimination based on race. If the Supreme Court accepts the Court of Appeal's proposition, it will be illegal for schools to select students on virtually any basis. There is already, it seems, most unfortunately, a national consensus that it is unfair to select on the basis of the most obvious and the most relevant factor, which is academic ability. If the fairly arbitrary basis for selection which the JFS employs is prohibited, too, what basis for selection will remain? First come, first serve?
- Bloke, Lambeth
How dare Faith Schools be better than 'bog-standard' comprehensives! It's so divisive. They should be closed down so we can all be dumbed down together.
- Jane, London
Nice one Jane! Nice one.
- Steve, Brentford
Here we go yet again. Multiculturalism is great except for one thing. Most religions say they are right and everyone else is a non believer.
No one has ever, or will, put it better than Voltaire.
"Religion is the source of all imaginable follies and disturbances; it is the parent of fanaticism and civil discord; it is the enemy of mankind"
- Macdangler, Wimbledon SW19
I went to a Catholic primary school and today my sister's child also goes to the same school and it has a good record of teaching compared to non religious schools in the same area, hence it is always oversubscribed. It teaches certain values that non-religious schools seem not to teach. You can tell the difference. Non religious schools do not give a damn about education, most of the kids who go to non-religious schools want to grow up to be pop stars and pole dancers and lack ambition, confidence & values. There are some middle eastern schools who are teaching certain values that are very different to the values in Christian Europe and this is a problem.
- Frank, Copenhagen, Denmark
Christian schools have long accepted that they must accept students of all religeons and have services which allow for the faiths of all.
- Terry, Hennebont France
At last some commonsense. Faith schools are divisive, sectarian, deeply flawed, (beacause of their delusions, they can't all be right). Secular/humanist/pagan schools are not allowed to select this way, or receive state funding to brainwash their pupils. faith schools are inherently evil because of their intolerance.
There should be only secular state schools with absolutely no religious content whatsoever. If the religious want to practice their faith, do it in your own time, and not at my or my childrens expense.
- Kerry, Purley
All this standing up for faith schools is all very well. (I went to Catholic schools). -But where will we be when the demand is for Muslim schools with some visiting mullahs promoting unacceptable doctrines? (Like violence and intolerance towards non-believers)-Maybe now that our society has become more multi-cultural, is the time to decree that all schools become secular? Surely we should look for more cohesion and less diversification?( I also wonder how much sooner the troubles in Ireland could have been sorted out with forced integration of schools?) Those who would have their children brought up in various faiths surely have plenty of time for religious education other than during 'school-time' ? -And didn't Christ say 'Render unto Caesar that which is Caesar's etc., therefore defining a separation between Church and State?
- Huggy, cumbernauld Scotland
I sent my children to a Jewish school here in Milan because it was the only place where my children could receive a Jewish education.
What would a catholic gain by sending his or her child/ren to a jewish school,I beleive they would feel out of place,the same if I sent my children to a muslim or catholic school.
If on the other hand you are not religious,it makes no differance what school you send your children to.
- David Nigel Braham, Milan Italy
If Jewish people want their own school then let them have one. Why shouldn't they have their own exclusively Jewish school?
- Neil, London, London UK
Faith schools should be abolished full stop. Faith should be kept entirely separate from state education. The indoctrination of young people should not be supported by government.
- Tw, London
We must follow the USA on this one and take religion out of State schools. Only private schools should be faith orientated, and if people wnat it that badly, they will pay for it, however, they must be monitored and follow State ciricilum and guidlines as many Muslim schools have hard line stances, some bordering extremism.
- Porkie Pies, Land of make Believe, UK
Ha, ha, ha! This country is turning into a basket case day by day. Thanks to our wonderful nuliebour govt!
- Jules_London, london
Faith schools are an absolute disgrace! This country preaches multiculturalism and tolerance but we all know
this is not the reality. Faith schools segregate children at an early age on the basis of their parent suppositions.
Hopefully this ruling will be the first step in relinquishing religions grip on our school and children.
- Paul., London
My four children went to a catholic primary school and then a state secondary school. Locally, we also have another catholic primary school and a Church of England primary school. Those schools are supposedly envied by some of those who sent their children to state primary schools because the education they received was "perceived" to be better. May be it was or may be not. One of those schools underperformed and was subject to restrictuons imposed by the DoE but it has come out of theat regimen.
How dare anyone tell me or anyone else how to bring up their children. I don't tell you, so why tell me because that is what some of you are doing. The only issue in this matter is how religous schools are funded; do they take money away from other schools or should they be fee-paying, and so on.
From my experience, the division more comes from those children who previously went to state primary schools who consider those who went to religous schools somehow "different"! Those of you who have no direct experience of religous schools, well, you may need to be better informed than you appear to have been.
By the way, the reference to catholic children being attacked [by Protestants] in Northern Ireland [the Holy Cross School]is irrelevant having regard to the circumstances in that country where religous hatred and bigotry have existed for hundreds of years and continues. It's hardly comparable to the situation in this country, now is it!
- Captain Black Of The Mysterons, Broxbourne
About time too!!! why should faith schools be able to select pupils when they are largely of not totally state funded?
- Mr Opinion, London
I'm glad. Thank you EU.
- Guni, London
Our local Catholic school in Lisson Grove, has lots of Muslim children attending it.
This is because it is a very good school, and local Muslims like it better than the State Schools in the area.
It makes you think, is it the religion or the education that matters to parents, at the end of the day?
- Mickinlondon, london
I think it is quite right that such schools should be forced to admit pupils of different religions.
- Mike Burns, Manchester
Andy London,
My sons go to or have attended a Catholic School in East Dulwich and it is far more multi-racial than most primary schools in inner London. A quick glimpse around the playground would confirm that fact. The fact is that many inner London State schools are dominated by one racial/ethnic group or another and are far less inclusive than many faith schools.
- Mark, South-East London
The hard line Islamic schools which are a growing phenomena are disastrous for the country. Their anti Britons, anti Britain, anti Western teachings slants leaves some students in inner city clusters poorly equipped and unemployable. Mental and psychological damage results in those taught to despise and reject the land they are born in, especially if they have roots elsewhere. How can they view and perceive others, but than alien to their teachings and way of life? School leavers have it tough already. Hard line segregationists, religious, political and cultural, are unable to integrate successfully. They become virtually unemployable. The resulting economic disaster burdens us all with a new sector of benefits culture claimants - and worse. Socially it's a timebomb and very divisive for mainstream Britain. In economic failure, a self-serving tag of racism can be reverted to and projected when sectors of the unemployable fail to gain employment.
Faith schools have managed to co-exist in England until now. In recent years however, some are actually forming and moulding citizens who have an inbuilt inability of fitting into and living here with others. A few new arrivals have hijacked and destroyed the viability of faith schools. Some have become too dangerously a divisive factor for them to remain without causing more social mayhem. Better they all go before they present further opportunity for distortion.
- P. Bryce, Aylesbury
For those on this site who are not entirely aware, the Race Relations Act was passed in 1976. It outlawed discrimination on the basis of ethnicity so you could no longer deny people a job, housing etc based on colour of skin or nationality. This was rightly introduced under a Labour government 30 years ago. The idea it is 'Nulabour' invention shows people's lack of knowledge of their own laws and history.
The courts many years ago interpreted 'Jewishness' as being an ethnicity as well as a religion. This is not the case with Christianity or Islam and therefore it is unlikely that any judgement would effect other faiths - sadly.
- Stg, Peckham
How dare Faith Schools be better than 'bog-standard' comprehensives! It's so divisive. They should be closed down so we can all be dumbed down together.
- Jane, London
Old Fabians change agents wearing sheeps clothing in the shape of Ed Balls.
Gradually of course!!
- Sally, Doncaster, England
Of course the fact that most faith schools produce considerably better educational results and outcomes than state schools do, and thereby help to put the lie to Labour's false claim to have improved our children's education, would have nothing to do with this at all.
- Matt, London, UK
Dear Jim, sorry I haven't made myself clear. What I mean is that there is no tradition of state-provided religiously SEGREGATED schooling in this country. I agree that schools and uni's have always taught religion, but the idea that the state paying for schools which select pupils by their religion is a tradition is of course a nonsense...
- Alan, London
If parents are so passionate about indoctrinating their children with religion they should send them to a Saturday or Sunday school. Education should be completely secularised where religion is treated as a comparative academic subject like politics or philosophy.
- Ian, London
I can only hope that faith schools will be closed/converted to state schools. They are divisive and increase community and racial segregation/tension and generally speaking the vast majority of their intake are affluent and middle class children (parents often move areas and convert to the necessary faith just to get their children admitted) thus increasing social division. If these schools are so superior they should be open to all regardless of faith/family income/racial background - failure to do this should mean that all state funding and the removal of charitable status should be withdrawn.
- Andy, london
Whilst I rather suspect that Balls is exagerating to try to scare the court into the decision he wants to see, this would truly be wonderful news if it were so.
Then once schools have stopped selecting on the basis of the parents' religion, there will be a clear route to getting these divisive, undemocratic, bigotted and ignorant organisations out of our (state) schools for good.
- John Dale, Sunderland
This is the best news since the 1944 Education Act for education and society. You may recall the obscene demos as Catholics Primary kids tried to make their way to school through a gauntlet of abusive Protestant parents. That should never happen again. Secular State Education should be the norm in the UK.
- Dhan Raj, Basildon
Time to boot these bums out and ditch the EU claptrap regulations.
- James Macleod Ritchie, Oyster Bay Cove
Alan of London. Think about being a Catholic in the UK 150 years ago if you believe there were no religious differences. Catholics had and (have) their own schools. Somehow it never caused any problems - the same for Jewish schools. There was never any talk about this being "divisive" - Catholics and Jews took their places in English life as they always had done and saw themselves as British. Suddenly having "faith" schools is a problem. Why? And what has suddenly made us all divided from one another. Could it be this insistance on multi culturalism instead of integration?
- Jentry, London UK
go one better: dismantle faith schools entirely. all schools sould be community schools aimed at bringing children and parents from all backgrounds together instead of creating divisions. if parents wish to send a child to a school run by their faith, let them do so but let them pay for the privilege. faith schools should be private and our taxes should not be spent on schools which promote segregation and discrimination.
- Bandora Etrog, london
Dear Alan, It's you who needs the history lesson prior to state controlled education in this country all (and I mean 100%) schools were religious in nature as were all Universities.
- Jim, London
I don't think this ruling will have a great impact. People will not choose an Islamic School etc unless they have some connection.
It's a bit like the ruling requiring the BNP to accept all comers, noone will join unless they wish to be marked as a odd character.
- Paul, London
Here we go again, bloody EU nonsense incorporated into UK law interfering with our rights to live as we choose. I'm not french, german or any other european nationality . . . I am Irish and want to live free from interference by these foreigners.
- Eoin Mcgreeghan, Derry, NI
Good. Faith schools are devisive.
- Steve, Brentford
This is good news indeed...
- Amir, Lonodn
Brilliant idea. The teaching of any religion, atheist would say indoctrination, should have been banned years ago. Death and destruction is the norm throughout the world because of religion. Once one becomes adult is the time to consider what one believes
The first thing my son said to me forty years ago on attending the local school was,'there is going to be a punch up with the catholics on the green'. Today every religion has its own school so children different backgrounds do not grow up together. If everyone attended the saame local school years latter its very difficult to blow up someone you have laughed with .
- Alan Green, England. The forgotten country.
Dear Keith,
Hundreds of years of tradition, am I missing something here? Have there been Jewish, Muslim and Sikh schools in Britain for hundreds of years? Universal education only began in Britain about 150 years ago, and back in those days there were no religious differentiations. What a surprise, someone spouting spurious opinions without having even a basic understanding of the facts more like - sounds like you need to get back to school yourself for a history lesson...
- Alan, London
What a surprise; hundreds of years of British tradition to be flushed down the toilet of NuLiebour incompetence, because their own ill-conceived legislation has come back to bite them on the backside.
- Keith Lonsdale, Doncaster
