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Schoolgirl loses veil legal case Schoolgirl loses veil legal case
(20 minutes later)
A 12-year-old schoolgirl has failed in an attempted legal challenge to her school's ban on a full-face veil.A 12-year-old schoolgirl has failed in an attempted legal challenge to her school's ban on a full-face veil.
Mr Justice Silber had been told that the girl's three older sisters had attended the same school and had worn the niqab with no problems.Mr Justice Silber had been told that the girl's three older sisters had attended the same school and had worn the niqab with no problems.
But the school, in Buckinghamshire, had told the girl it was not acceptable because teachers believed it would make communication and learning difficult.But the school, in Buckinghamshire, had told the girl it was not acceptable because teachers believed it would make communication and learning difficult.
The judge has now rejected her lawyers' arguments for a judicial review.The judge has now rejected her lawyers' arguments for a judicial review.
They said after the judgment that the family were "bitterly disappointed". Our new uniform guidance, due out shortly, will take into account the decision made in this case Andrew Adonis Schools Minister They said after the judgment that the family were "bitterly disappointed".
They are considering making an appeal, but would have to make a separate application for this as the judge refused them permission to do so.They are considering making an appeal, but would have to make a separate application for this as the judge refused them permission to do so.
For legal reasons the girl and the school have not been identified publicly.For legal reasons the girl and the school have not been identified publicly.
'Religious tolerance''Religious tolerance'
It is understood she has been taught at home after falling foul of the uniform policy last autumn.It is understood she has been taught at home after falling foul of the uniform policy last autumn.
Our new uniform guidance, due out shortly, will take into account the decision made in this case Andrew Adonis Schools Minister About 120 of the school's 1,300-plus pupils are Muslims. About half of them wear the hijab headscarf, which is permitted. About 120 of the school's 1,300-plus pupils are Muslims. About half of them wear the hijab headscarf, which is permitted.
In his judgment, Mr Justice Silber stressed that he was dealing with one particular case - not the wider issue of whether the niqab should be worn, in schools or anywhere else. In his judgement, Mr Justice Silber stressed that he was dealing with one particular case - not the wider issue of whether the niqab should be worn, in schools or anywhere else.
He said the ban was "proportionate" in the light of certain factors:He said the ban was "proportionate" in the light of certain factors:
  • the veil prevented teachers from seeing a pupil's facial expressions - a key element in effective classroom interaction
  • the necessity to enforce a school uniform policy under which girls of different faiths would have a sense of equality and identity
  • security - the head teacher had said an unwelcome visitor could move around the school incognito
  • the need to avoid peer pressure on girls to take up wearing the veil.
The girl's solicitor, Shah Qureshi, said: "We believe there are a number of errors in the decision that have led to Mr Justice Silber reaching the wrong conclusions.
  • the veil prevented teachers from seeing facial expressions - a key element in effective classroom interaction
  • the necessity to enforce a school uniform policy under which girls of different faiths would have a sense of equality and identity
  • security - the head teacher had said an unwelcome visitor could move around the school incognito
  • the need to avoid peer pressure on girls to take up wearing the veil
The girl's solicitor, Shah Qureshi, said: "We believe there are a number of errors in the decision that have led to Mr Justice Silber reaching the wrong conclusions.
"It is surprising that he decided that the school had not infringed my client's freedom to manifest her religion given the fact that she entered the school on the understanding that the wearing of the veil was allowed when being taught by male teachers.""It is surprising that he decided that the school had not infringed my client's freedom to manifest her religion given the fact that she entered the school on the understanding that the wearing of the veil was allowed when being taught by male teachers."
Costs New guidance
He added: "My client and her family are not the extremists that they have been portrayed as by some elements of the press.
"All she wants is to be able to practise her deeply held beliefs whilst getting on with her daily life."
Schools Minister Andrew Adonis said: "We welcome this judgement. Decisions about uniforms and appropriate dress are rightly matters for individual schools to decide in consultation with parents.Schools Minister Andrew Adonis said: "We welcome this judgement. Decisions about uniforms and appropriate dress are rightly matters for individual schools to decide in consultation with parents.
"Our new uniform guidance, due out shortly, will take into account the decision made in this case.""Our new uniform guidance, due out shortly, will take into account the decision made in this case."
There was no immediate reaction to the ruling from the school, which is referring enquiries to the local authority. The school's head teacher said it welcomed the court ruling.
A spokesperson for Buckinghamshire County Council said it would be responding once it had had time to consider the full ruling. "We want to focus now on supporting our student. We hope that she will return to school and resume her education as part of our community."
The county council had supported the school but not backed its case, saying it had to consider the possible burden on its resources of an expensive court battle. The school had a long tradition of serving that community, she said, and was proud to welcome pupils from all faiths and religions with a view to helping them achieve their potential in a supportive learning environment.
The judge awarded costs against the girl's parents, who had funded her case themselves. Bucks County Council's cabinet member for schools, Marion Clayton, said its prime concern had been that the pupil should be in school receiving an appropriate education.
Last year, the Law Lords ruled that a Luton school was justified in banning the jilbab, a long gown. "To that end we have worked with the school and family to seek a resolution. It is unfortunate that this could not be done without recourse to a judicial review. "We hope that this pupil will now return to full-time education."
Government guidance says schools can decide their own uniform code in consultation with the community. Costs in the case were awarded against the family.