A Jewish school was found to have discriminated against a student when he was not offered a place at the school because his mother was not recognised as Jewish by the Office of the Chief Rabbi ("OCR").

At times when the school was oversubscribed, it was policy to admit children recognised by the OCR first, for example a child whose mother had converted to Judaism before the birth of the child in a manner recognised by the OCR. In this instance, the mother of the student concerned had not converted in such a manner.

The Supreme Court held that the reason for the student's rejection by the school was his inability to fulfil the criteria of the OCR and that once this had been established it was necessary to show that the OCR criteria was a test based on ethnicity. Deciding that this was the case, it was found that the student had been directly discriminated against on the grounds of race.

R (on the application of E) v Governing Body of JFS and the Admissions Appeal Panel of JFS and others