Court of Appeal hears dispute over faith-based oversubscription criteria

In September 2025 the High Court (Mr Justice Bourne) rejected two joined claims for judicial review concerning the question of whether a faith-based oversubscription criterion within the admission arrangements of a Church of England school was “indirectly discriminatory” in relation to the protected characteristic of race.

The appellants’ family worshipped at a church linked to their ethnic background and culture rather than a Church of England church.

The first claim was against an academies trust, all four of whose schools are oversubscribed, and its admissions appeal panel and arose from a decision not to admit the eldest son. This claim also alleged a breach of the public sector equality duty.

The effect of the oversubscription criterion was that a family which, like the claimants, did not worship at a Church of England Church or a church in communion with the Church of England could not obtain more than 20 points out of the maximum 21.

The second claim was brought against the Office of the Schools Adjudicator over its decision to reject an objection by the claimant parent to the same criterion in the 2025/26 admission arrangements.

The case is being heard by Lord Justice Baker, Lord Justice Lewis and Lord Justice Butcher.

See also: Faith-based oversubscription criteria - Laura Berman and Michael Brotherton analyse the High Court’s ruling (November 2025).