CKT v Twyford: Court of Appeal upholds Church of England school admissions criteria

The Court of Appeal has dismissed challenges to Twyford Church of England High School’s faith-based admissions criteria, finding that an additional point for families whose main place of worship is a Church of England church could indirectly disadvantage some racial and ethnic groups, but was justified as a proportionate means of preserving the school’s Anglican character and ethos.

In R (on the application of CKT and DGT) v Twyford Church of England Academies Trust and others [2026] EWCA Civ 1364, the court also upheld the finding that the trust had complied with its public sector equality duty under section 149 of the Equality Act 2010.

The appeals arose after a pupil was refused a place for the 2024-25 academic year. Twyford reserved 150 foundation places for Christian applicants. Its criteria awarded 20 points where a child and parent or carer regularly attended a Christian place of worship, with an additional point where the family’s main place of worship was a Church of England church.

The pupil received 20 points because he and his mother regularly attended an Eritrean Orthodox church. As that church was not in communion with the Church of England, he did not receive the additional point. Applicants generally needed 21 points to secure a place.

Following an unsuccessful admissions appeal, the mother challenged the trust’s decision by judicial review. She also objected to the school’s materially similar 2025-26 admissions arrangements before the Office of the Schools Adjudicator (OSA). Both challenges were dismissed by the High Court, prompting the appeals.

The appellants argued that the extra point amounted to indirect race discrimination under sections 19 and 85 of the Equality Act. They also contended that the trust had failed to discharge its public sector equality duty.

The Court of Appeal rejected the argument that paragraph 5 of Schedule 11 to the 2010 Act prevented a claim of indirect race discrimination arising from faith-based admissions criteria. The court held that the provision did not bar the appellants from bringing such a claim.

It also upheld the finding that the criterion placed people who were not white or of English ethnicity, including the appellants, at a particular disadvantage. However, that disadvantage did not determine the outcome: under section 19, a discriminatory provision, criterion or practice may be lawful where it is a proportionate means of achieving a legitimate aim.

The court agreed that preserving Twyford’s Anglican character and ethos was a legitimate aim and that the additional point was proportionate to that aim. It therefore found no basis to overturn the High Court’s conclusion that the admissions criterion was justified.

The appellants also challenged the assessment of the trust’s compliance with section 149. The Court of Appeal upheld the finding that the relevant bodies had discharged their duties. The statutory obligation required the trust to have due regard to equality considerations when making admission arrangements; the court found the judge was entitled to conclude that the duty had been met on the evidence.

The appeal concerning the OSA’s decision on the 2025-26 arrangements was also dismissed, with no established legal error in its determination.

The Court of Appeal accordingly dismissed both appeals, leaving the High Court’s decisions in place.