A legal challenge has been launched against the government over its decision to encourage schools to adopt a specific definition of antisemitism.
The Good Law Project charity, which is leading the action, said the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism will “restrict teachers’ and students’ freedom to express solidarity with Palestine”.
An independent review looking into antisemitism in schools, led by former chief Ofsted inspector Sir David Bell, was published last month.
The government accepted all in the report, including additional teacher training and guidance on antisemitism, a new safeguarding category and a national curriculum update to incorporate Jewish culture in Britain.
The Department for Education also said it wants all schools to record antisemitic incidents as a separate category or subcategory, rather than grouping them under broader forms of racism.
Contested definition
To do this, it encourages schools to adopt the IHRA’s definition of antisemitism as a practical guide, alongside the government’s definition of anti-Muslim hostility.
The definition is: “Antisemitism is a certain perception of Jews, which may be expressed as hatred toward Jews.
“Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities.”
This definition is accompanied by 11 illustrative examples, seven of which reference criticisms of the state of Israel.
Human rights organisations have criticised this for conflating legitimate political criticism with hate speech.
Jo Maugham, executive director of the Good Law Project, said: “It is not merely important to protect the space to advance vigorous criticisms of Israel’s appalling actions - we think it is necessary in a moral society.”
Concern over ‘restrictions on free speech’
Daniel Kebede, general secretary of the NEU teaching union, previously said calling on schools to adopt this is the “wrong approach” because it “risks deepening the problem rather than tackling it”.
“The very real risk is that children who cannot critically explore issues through classroom discussion will instead seek their answers in online and unsafe groups,” he said.
The Good Law Project added this will have “sweeping restrictions on free speech” over Israel’s actions in Gaza.
The war in Gaza began after Hamas-led militants invaded Israel in October 2023, killing some 1,200 people and taking more than 250 others hostage.
Since then, Israeli forces have killed more than 75,000 people in Gaza, according to the Palestinian Ministry of Health.
The Good Law Project has issued a pre-action protocol letter to the government, initiating the first steps of a legal challenge.
A DfE spokesperson said: “The IHRA definition has been adopted by 47 countries and countless public bodies and can provide a practical framework for teachers and pupils, and help give greater clarity on how to identify and tackle antisemitism wherever it occurs.”
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