A Jewish housing association did not unlawfully discriminate against non-Jewish applicants by allocating social housing only to Orthodox Jews, the High Court has held.
In R (on the application of Z and others) v Hackney London Borough Council and another [2019] EWHC 139 (Admin), the court rejected an application for judicial review brought by a non-Jewish mother who sought an Agudas Israel Housing Association (AIHA) home in London’s Stamford Hill area, but was not allowed to bid. Z, the mother, has four children, two of whom are disabled, and has been given the highest possible priority rating for rehousing.
Giving their judgment, Lord Justice Lindblom and Sir Kenneth Parker, said: ‘AIHA’s arrangements are justified as proportionate… the disadvantages and needs of the Orthodox Jewish community are many and compelling. They are also in many instances very closely related to the matter of housing accommodation.’
They recognised that the Orthodox way of life requires members to live in a community; that they tend to have large families; and that recorded incidents of anti-Semitic abuse have increased, including vandalism, verbal abuse and harassment, common assault and tampering with cars.
AIHA says it has more than 1,000 Orthodox families on its waiting list.
Elliot Lister, partner at Asserson, which represented AIHA, said: ‘The Divisional Court has endorsed the critical work of a charity established to fight anti-Semitism and discrimination in the face of allegations that it itself discriminates.
‘The Jewish community and even more so the obviously Orthodox Jewish community, faces an ongoing battle against anti-Semitism, recognised by their Lordships as widespread and increasing and overt. The court has confirmed that the disadvantages can be legitimately addressed by a charity founded for that purpose, without fear of censure for discrimination.
‘For an organisation that was established to counter discrimination and has that as its mission, this is a particularly important judgment.’
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