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We had similar, rewire of a council flat and the upstairs lighting was not earthed, but the ceiling was concrete so no way it was getting changed. Wasn't legally required either.
Recently got a EICR to sell the place and the electrician pointed out that the metal conduit was earthed and it was common to use it instead.
cjr
One sparky tested our electrics and said there was no earth on our upstairs lighting main and suggested rewiring the lot for £££
We asked a different sparky and he said it's not uncommon for there to be no earth on older properties and with the correct compliant lights (for bathroom) you wouldn't even need to rewire anyway.
We then got him to put in a new RCD and when he checked the upstairs main he found it was earthed after all...