The UK Divisional Court has ruled that the practices undertaken by a London city council and related housing association, wherein certain properties are allocated solely to people of the Orthodox Jewish community, are lawful and justified given hardships that face the minority group.
A legal challenge was brought against the Hackney London Borough Council and the Agundas Israel Housing Association (AIHA) in relation to social housing allocation policies for properties owned or operated by AIHA. It claimed that the policies precluded people who were not members of the Orthodox Jewish community from becoming tenants in such properties, which the plaintiff believed was discrimination as per the Equality Act 2010.
It was acknowledged by the Court that AIHA were in fact discriminating against persons who were not members of the Orthodox Jewish community, but the Association argued that this discrimination was lawful under the 2010 Act. This was by virtue section 158 which permits any ‘positive action’ taken to overcome or minimise a disadvantage arising amongst persons who share a protected characteristic, and section 193 which does not prevent provision of benefits being restricted to persons who share a protected characteristic in certain circumstances such as in the implementation of charitable instruments.
The Court noted there are real and substantial disadvantages that affect the Jewish Orthodox community which are connected to their status as a minority religious group, stating that there is a strong correlation between the poverty and deprivation suffered and the religion, especially in areas such as education and employment.
It was observed that the Jewish Orthodox community can also experience discrimination when attempting to find or rent accommodation, and that AHIA allows for them to access housing without being subjected to such discrimination and avoid disadvantages.
While the plaintiff was assessed as being in the greatest need of housing, it was ruled by the Court that the housing policies of AHIA addressed the many and compelling disadvantages and needs of the Orthodox Jewish community in a manner that outweighed the disadvantage of individual non-community members.
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