Recent Update On The Agudas Israel Housing Association Case: Application To European Court Of Human Rights Rejected

• Published date: 30 June 2022
• Subject Matter: Corporate/Commercial Law, Government, Public Sector, Litigation, Mediation & Arbitration, Real Estate and Construction, Charities & Non-Profits , Trials & Appeals & Compensation, Human Rights, Landlord & Tenant - Leases
• Law Firm: Withers LLP
• Author: Ms Hannah Brearley

An application to the European Court of Human Rights for review of the Supreme Court ruling in R. (on the application of Z) v Hackney LBC has been declared inadmissible.

The case concerned a single mother of four children (two of whom have autism) who was on the waiting list for social housing in Hackney. She applied for housing via Agudas Israel Housing Association, an Orthodox Jewish charity (the 'Charity'). The Charity, in agreement with the London Borough of Hackney, allocated its available accommodation on the basis of certain criteria, one of which was that potential tenants were members of the Orthodox Jewish Community. This is on the grounds that the Orthodox Jewish Community suffers disadvantages when being allocated social housing (including discrimination on the basis of large families and levels of poverty). The woman's lawyer argued that she had been discriminated against as a result of this policy.

The Supreme Court in R. (on the application of Z) v Hackney LBC held that the arrangement between Hackney Borough and the Charity was objectively and reasonably justified 'in light of the unmet need for social housing for the OJC [Orthodox Jewish Community]'.

The woman therefore applied to the European Court of Human Rights (LF v UK (19839/21)) under Article 14 (prohibition of discrimination) and Article 8 (right to respect for private and family life).

The European Court of Human Rights did not consider that this case fell within the remit of Article 8, as is...