The High Court has ruled a London coroner's decision not to prioritise the release of bodies for religious reasons is "unlawful and discriminatory."

Lord Justice Singh said the policy set by inner north London coroner Mary Hassell, which was challenged by Jewish and Muslim groups, was discriminatory and must be quashed.

Sitting with Mrs Justice Whipple, he said: "We hope that, with appropriate advice from others, including the chief coroner and perhaps after consultation with relevant bodies in the community, the defendant can draft a new policy which meets the needs of all concerned, including protection of the legal rights of all members of the community.

"With appropriate good will on all sides and what Mr Hough at the hearing called 'applied common sense', we are hopeful that a satisfactory solution can be found in this sensitive area."

The judge added: "The fundamental difficulty with the defendant's policy is that it does not strike a fair balance between the rights concerned at all.

"Rather, as a matter of rigid policy, it requires the coroner and her officers to leave out of account altogether the requirements of Jewish and Muslim people in relation to early consideration of and early release of bodies of their loved ones."

Following the court's ruling, Board of Deputies vice president Marie van der Zyl said: "We welcome this decision, which will help law-abiding Jewish citizens to mourn their loved ones according to their traditions.

"We would particularly like to pay tribute to the Adath Yisroel Burial Society, who have served the entire community by bringing this successful legal action. Senior coroner

Mary Hassell must now consider her position.

"She has previously said that she does not believe that using her discretion to order cases, which she needs to do to uphold the religious freedom of the diverse communities she is meant to serve, is 'fair'.

"If she cannot carry out this basic function of her role, she must vacate her position.

"Whatever the future for the inner north London coroners' service, the issues raised by this case have highlighted the lack of accountability for this public service and the pressing need for reform."

Mayor of London Sadiq Khan said on Twitter: "I welcome this decision by the High Court. It is right and proper the Coroner respects the religious sensitivities of Londoners. Crucial that a plan is now drawn up as soon as possible on how this will be implemented in the Inner North London area."

Following the ruling, London Mayor Sadiq Khan tweeted: "I welcome this decision by the High Court.

"It is right and proper the Coroner respects the religious sensitivities of Londoners.

"Crucial that a plan is now drawn up as soon as possible on how this will be implemented in the Inner North London area."

Stephen Evans, chief executive of the National Secular Society, said: "Despite ruling that this specific policy was too inflexible, the court has rightly recognised that religion isn't a trump card that gives an automatic right to preferential treatment.

"Indeed, the ruling is clear that it would be wrong to give automatic priority to cases for religious reasons.

"Whether to accord one case priority over another is for coroners to determine, and they should be free to make their decisions without harassment from religious communities.

"In Mary Hassell's case it was certainly fair to resist the unreasonable demands which were placed on her office."

Religious groups brought a legal challenge against the policy established which means deaths in her jurisdiction are dealt with on a first-come, first-served basis.

The policy stipulates that no death will be prioritised based on the religion of the deceased or their family by either the coroner or her officers.

But lawyers argued at a hearing last month that it ignores “deeply held beliefs” of certain religious communities which require their dead to be buried as soon as possible.

They said Ms Hassell’s stance is unlawful and breaches the Human Rights Act and the Equality Act.

The court previously heard Ms Hassell’s jurisdiction covers the boroughs of Camden, Islington, Hackney and Tower Hamlets, which between them have “sizeable” Jewish and Muslim minority populations.

Sam Grodzinski QC told the court there was evidence from Jewish and Muslim leaders that the policy has caused “widespread distress” among faith communities.

The barrister, representing the Adath Yisroel Burial Society, told the court his case was not that religious groups must come first, but that religious belief must be “conscientiously taken into account” by a coroner.

Some religious groups require their dead to be buried as soon as possible (PA) +1 Some religious groups require their dead to be buried as soon as possible (PA) He added: “If the coroner’s officer knows that the family has a genuine religious need to hold the funeral of their loved one either later that day or the next day, this religious need cannot lawfully be excluded from the defendant’s consideration.

“And yet, the effect of the policy is that the Jewish or Muslim family must simply take their place in the cab rank queue – regardless of whether others require any urgent decision from the coroner.”

Since first outlining the policy, Ms Hassell has said it is “flexible” and does take into account the wishes of families.

Lawyers representing the Chief Coroner of England and Wales, Judge Mark Lucraft QC, said the policy set out by Ms Hassell was “over-rigid” and “not lawful”.

They said there was “no criticism” of Ms Hassell intended, as her decision may have been motivated by a “genuine intention” to be fair to everyone in her area.

However, they argued it was wrong to “rule out” speeding up the process in relation to deaths where family members had asked for a loved one’s body to be released quickly by reason of their faith.