Manchester council breached orthodox Jewish teen's human rights, court rules

Flip_flop_politics
Published on Mar 6, 2021
A disabled orthodox Jewish teenagerâ€™s human rights were breached by Manchester council after he was offered respite care at a non-Jewish residential home, a judge has ruled. Â The teenager's family, who live in a strict orthodox Haredi Jewish community, argued he would not be able to follow kosher dietary laws or observe the Sabbath and other religious festivals during his proposed 12-week placement. Â They had hoped he would be placed in a more appropriate orthodox Jewish residential home in London, which would have allowed him to continue following his religious practices. Â Manchester council had prepared a care plan for the boy at the local care home, which would have allowed him to â€˜manifest their faith as far as was considered practicableâ€™. Â Staff would also help the boy - identified in court only as â€˜Aâ€™ - who functions at a much younger primary school age than his true age, prepare kosher meals and celebrate Jewish festivals. Â But Judge Stephen Davies found the council's proposals for the boy to spend all 12 weeks at the home - including during Sabbath and Passover - apart from Sunday visits to be unlawful. Â By staying at the home, the boy would not be allowed to â€˜manifest his religion in worship, practice of observanceâ€™ which would breach his human rights to respect for family life and religious freedom, said Judge Davies. Â During judicial review proceedings, the court heard Manchester council had already sent the child on a short placement at the London home last year. Â Concerns had been raised about the familyâ€™s ability to look after their children, with solicitors employed by the family saying that they â€˜would likely reach breaking pointâ€™ unless longer respite care could be provided at the culturally appropriate residential home. Â Manchester council had not objected to the London placement on cost grounds, but felt that it would mean A would have only limited contact with his family â€˜which could prejudice his chance of staying with his family long termâ€™. Â The local authority proposed a 12-week placement in Manchester and suggested that a kosher diet would be provided for A. Â But the family insisted their sonâ€™s placement should take place in London and claimed that the catering facilities would not comply with dietary laws. Â The Manchester home was also opposed to allowing a mashgiach - an adviser who ensures food is produced to kosher requirements - to supervise each of the boyâ€™s evening meals. Â Under the homeâ€™s care plan, the mashgiach would only be allowed to attend to prepare Aâ€™s Sabbath Friday evening meal and the Sabbath Saturday lunchtime meal. Â The council claimed the need to change the mashgiach each weekend in order to comply with religious requirements would be â€˜unsettlingâ€™ for other children staying at the home. Get our free M.E.N. Court newsletter Â Manchester's courts are some of the busiest in the country with a vast array of cases heard every week. Â To keep up to date with how justice is being served across Greater Ma