By Gabriel Princewill-
The Court of Appeal has ruled that a policy adopted by an Islamic faith school of segregating boys and girls, is unlawful sex discrimination.
The case at the Court of Appeal led to an important ruling that the segragion of girls from boys is not legally permissible.
In a case that pitted the convictions of the Islamic leaders of the school against the law of the land, Ofsted emerged triumphant in their challenge of a previous High Court ruling clearing the Al-Hijrah school in Birmingham of discrimination.
The court heard that boys and girls were separated for lessons, trips, breaks and club in an ostensible effort to honour Islamic codes of conduct. Morality ranks high under Islamic teaching. Islamic school leaders therefore aim to restrict the circumstances that could lead to sexual contact between boys and girls. This strict code has advantages, and almost certainly would prevent the type of prermature pregnancies that occur in a number of mainstream schools.
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However, under legal principles, isolating boys from girls and vice versa amounts to discriminating against them on the basis of their gender.
This conclusion is intutitve, and gave ofsted lawyers the shout after they argued that the practise left girls ”unprepared for life in modern Britain”. What constitutes the preparation for modern life was not elaborated upon in the eharing. However,it will be construed to mean that the normal interaction between males and females that enable them to integrate into society properly would be compromised if the practise was not stopped in its tracks.
Appeal judges concured with ofsted, and ruled that the school was discriminating against its pupils contrary to the Equality Act. Judges rejected the argument that girls were more disadvantaged than than boys becaus eof the policy.
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The appeal judges criticised the government and Ofsted for failing to spot the unlawful segregation earlier, and ordered other schools operating similarly to be given time “to put their houses in order”.
About 20 schools – Islamic, Jewish and Christian – are thought to have similar segregation policies.
Al-Al Hijrah school, Bordesley Green
The Court heard boys and girls, aged between 4 and 16 attend the Birmingham City Council-maintained Al-Hijrah school, in Bordesley Green.
However, once the students get to their fifth year, boys and girls are completely separated for lessons, breaks, school trips and school clubs.
In 2016, Ofsted ruled the school was inadequate and it was put in special measures, saying its policy of separating the sexes was discrimination under the 2010 Equality Act.
In November, High Court judge Mr Justice Jay overruled the inspectors, saying that they had taken an “erroneous” view on an issue “of considerable public importance”.
Spielman said the policy failed to prepare pupils for life in modern Britain.
Speaking after the Court of Appeal ruling Amanda Spielman, Her Majesty’s Chief Inspector of Schools, said educational institutions should never treat pupils less favourably because of their sex.
“The school is teaching boys and girls entirely separately, making them walk down separate corridors, and keeping them apart at all times,” she said.
“This is discrimination and is wrong. It places these boys and girls at a disadvantage for life beyond the classroom and the workplace, and fails to prepare them for life in modern Britain,” she said.
In the ruling, the appeal judges said Ofsted had made it clear if the appeal succeeded, “it will apply a consistent approach to all similarly organised schools”.
The ruling means boys and girls in all faith schools practising such segregation will have to abandon their policy with immediate effect. The boys and girls must now be allowed to mix.
The freedom for faith leaders to express their teaching must suffice for them. Children who decide to get sexually close to the other sex despite the teachings they hear must reserve the right to do so, the best responsible faith leaders can do is advice and discourage them form promiscuity.
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