Judges rule children cannot be separated by gender in school

SCHOOLS will no longer be allowed to separate children by sex after the High Court ruled a Muslim school broke the law by segregating boys and girls.

Three Court of Appeal judges ruled the Birmingham school’s policy of separating pupils by gender is unlawful sex discrimination.

Ofsted, which brought the challenge against the mixed-sex Al-hijrah school, had previously made it clear that if the appeal succeeded “it will apply a consistent approach to all similarly organised schools”.

It means state schools which segregate pupils for all areas of their education – including lessons, breaks, clubs and trips – could find themselves given a lower rating by the schools watchdog and in breach of equality laws, if they do not alter their policies.

It is understood there are around 20 mixed-sex state schools in England which may be operating strict segregation policies and they are likely to now be given time to make changes to these.

The appeal judges said: “It is common ground that the school is not the only Islamic school which operates such a policy and that a number of Jewish schools with a particular Orthodox ethos and some Christian faith schools have similar practices.”

They said there was “a strong argument” for Justine Greening, the Education Secretary, and Ofsted “to recognise that, given the history of the matter, their failure (despite their expertise an responsibility for these matters) to identify

‘The school makes boys and girls walk down separate corridors and is keeping them apart at all times’

the problem and the fact that they have de facto sanctioned and accepted a state of affairs which is unlawful, the schools affected should be given time to put their houses in order”.

The ruling does not include singlesex schools.

Amanda Spielman, Ofsted chief inpector, said: “The school is teaching boys and girls entirely separately, making them walk down separate corridors and keeping them apart at all times.”