R (Z and anor) v Hackney LBC and anor

08 Jun 2019


In R(Z & anor) v (1) LB Hackney (2) Agudas Israel Housing Association [2019] EWCA Civ 1099 the Court of Appeal heard an appeal from a judgment of the Divisional Court in February 2019 (the case review is here) and found that a housing association had not unlawfully discriminated against other applicants by allocating social housing only to members of the Orthodox Jewish community. Matt Hutchings QC acted for the successful authority.

Lord Justice Lewison concluded at para. 87:

“In short, I consider that the Divisional Court answered the questions posed by Coll:
i) The disadvantage to non-members of the Orthodox Jewish community was the withdrawal of 1 per cent of the potentially available units of accommodation.
ii) The scale of that disadvantage was minuscule.
iii) The needs of the Orthodox Jewish community linked to the relevant protected characteristic were many and compelling.
iv) The allocation of properties to non-members of the Orthodox Jewish community would fundamentally undermine AIHA’s charitable objectives. Thus there was no more limited way of achieving the legitimate aim.
v) Weighing these factors together, AIHA’s allocation policy was proportionate.”

See the judgment HERE