Islamic faith school's segregation of boys and girls ruled unlawful sex discrimination by Court of Appeal

An Islamic faith school's policy of segregating boys from girls is unlawful sex discrimination, Court of Appeal judges have said in a landmark ruling.

Ofsted placed the mixed-sex Al-Hijrah school in Birmingham into special measures last June after it claimed dividing classes was discriminatory.

But a High Court ruling last year found inspectors were wrong to penalise on the basis of an "erroneous" view that segregation amounted to unlawful discrimination.

Three Court of Appeal judges have now unanimously overturned the previous ruling, finding the complete segregation of classes to be contrary to the 2010 Equality Act.

The judges ruled the segregation caused detriment and less favourable treatment for both male and female pupils by reason of their sex.

"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.

For religious reasons, the voluntary-aided school, which has pupils aged between four and 16, believes that separation of the sexes from year five onwards is obligatory.

It has complete segregation of boys and girls from nine to 16 for all lessons, breaks, school clubs and trips.

Inspectors found the Birmingham school had left pupils "unprepared for life in modern Britain".

The decision is likely to have far-reaching consequences for any schools that have a segregation policy.

The judges said there was "a strong argument" for the Education Secretary and Ofsted "to recognise that, given the history of the matter, their failure (despite their expertise and responsibility for these matters) to identify 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 in the light of our conclusion that this is unlawful sex discrimination".

Speaking after the ruling, Ofsted's chief inspector Amanda Spielman said the ruling would set a precedent for future inspections.

"I am delighted that we have won this appeal," she said.

"Ofsted's job is to make sure that all schools properly prepare children for life in modern Britain. Educational institutions should never treat pupils less favourably because of their sex, or for any other reason.

"The school is teaching boys and girls entirely separately, making them walk down separate corridors, and keeping them apart at all times.

"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 added: "This case involves issues of real public interest, and has significant implications for gender equality, Ofsted, government, and the wider education sector. We will be considering the ruling carefully to understand how this will affect future inspections."

Additional reporting by PA