Protecting equal access to education for all pupils

Was the segregation of pupils unlawful sex discrimination?

The school is a voluntary aided faith school for boys and girls aged between 4 and 16. It has an Islamic ethos and, for religious reasons, believes that separation of boys and girls is mandated, from Year 5 onwards. It brought a judicial review to challenge an OFSTED report rating it inadequate. The school’s policy of segregating pupils was central to that rating. The school argued that segregation was not unlawful sex discrimination as the male and female pupils were receiving parallel but equal education provision. OFSTED argued that the segregation was itself less favourable treatment of both boys and girls.

We work to make sure the education system promotes good relations with others and respect for equality and human rights.

We intervened using our powers under s30 Equality Act 2006.

The Court of Appeal confirmed that completely segregating girls and boys at a school is unlawful sex discrimination. The decision reflected the position set out in our intervention submissions.

The case confirms that complete segregation of girls and boys in schools is only allowed when schools comply with the single sex schools provisions in the Equality Act.