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Hello for clarification what makes you think its racial discrimination?
It is necessary to look at the cause and effect. In this case, whilst it isn't direct discrimination because they are not deliberately targeting English or Scottish, it could be in direct discrimination if the effect is that it discriminated against one nationality rather than another
I can see exactly where you’re coming from and I cannot disagree with you but this is more of a political debate than a legal question. What are you trying to achieve and how you want to go about it?
There is no definitive answer to that and it would be for a judge to decide. There is very often not a definitive answer to many legal questions as if there was, nothing would ever go to court. I can give you one opinion and another more you may give another opinion. Litigation needs at least 2 parties and neither goes to court expecting to lose but nonetheless, one of them does even though they’ve been told by their respective legal advisers that they have a good chance of success.
I think that if you were to take this to court, they would find it wasn’t discrimination on the grounds of “public interest” and “fear of opening the floodgates” which are two well used legal doctrines particularly in respect of claims against the government.
I am glad to help.