HM Chief Inspector of Education, Children’s Services and Skills (Appellant) v The Interim Executive Board of Al-Hijrah School (Respondent) [2017]

Posted In: Case Law
  • Case Reference
    EWCA Civ 1426
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Discrimination, Policies and Procedures
Issues covered: Discrimination; Sex Discrimination; Segregation in Schools

The respondent, a voluntary faith school for girls and boys aged between 4 and 16, believed that separation of the sexes was obligatory based on the school’s Islamic ethos.

In a June 2016 an Ofsted Inspection Report assessed the school as “inadequate” in “effectiveness of leadership and management”. A factor in this assessment was the policy pertaining to the segregation of pupils. The regulator noted that the segregation limited social development and the degree to which students were prepared for interaction with the opposite sex upon leaving school. To that extent Ofsted considered that students suffered educationally from the segregation.

Ofsted concluded that this practice constituted

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This article is correct at 19/10/2017

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John Taggart BL

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