The Court of Appeal has handed down judgment in two joined cases of CKT & Anor, R (On the Application Of) v Twyford Church of England Academies Trust & Ors [2026] EWCA Civ 1364 (22 October 2026).
The two claims concerned whether a faith-based oversubscription criteria within the admission arrangements of Twyford Church of England High School was indirectly discriminatory on grounds of race contrary to sections 19 and 85 of the Equality Act 2010 (“2010 Act”) and whether the Twyford Church of England Academies Trust had complied with its duty under section 149 of the 2010 Act.
The religious criterion in question involved the award of an additional one point (above the 20 points awarded to those of the Christian faith) to applicants where the family’s main place of worship was at a Church of England church or Churches in Communion with the Church of England (the “Anglican point”). It was said by the Claimants that this Anglican point placed the Claimants who were Eritrean, and while Christian, did not attend an Anglican Church, worshiping at an Eritrean Orthodox church, at a particular disadvantage, as compared to Christians who were white, and this discriminatory effect had not been justified by the Trust.
The claim against the Trust also alleged a continuing breach of the public sector equality duty (“PSED”) under section 149 of the EA by the Trust in adopting, maintaining and applying the allegedly impugned criterion (the Anglican point).
Both appeals were dismissed.
Tracey Eldridge-Hinmers, Legal Director at Winckworth Sherwood was instructed by the Second Interested Party, the London Diocesan Board for Schools, at both first instance and in the Court of Appeal, as the Diocesan Board responsible for providing advice and guidance on admissions to schools across London, and in this case Twyford Church of England Academies Trust specifically.
Andrea Squires, Partner at Winckworth Sherwood, was instructed by the Church of England’s National Society for Education and the Catholic Education Service to advise on the progress of the claim through the Courts and the broader implications of any judgement or judicial comment for schools with a religious character.