Muslim pupil loses High Court challenge against school's prayer "ban"
The pupil, who cannot be named, took legal action against Michaela Community School in Brent
Last updated 16th Apr 2024
A Muslim pupil has lost a High Court challenge against a ban on prayer rituals at a high-achieving north London school previously dubbed Britain's strictest.
The student, who cannot be named, took legal action against Michaela Community School in Brent, claiming the policy was discriminatory and "uniquely" affected her faith due to its ritualised nature.
She argued the school's stance on prayer - one of the five pillars of Islam - unlawfully breached her right to religious freedom and was "the kind of discrimination which makes religious minorities feel alienated from society".
The school, founded and led by headteacher Katharine Birbalsingh, a former government social mobility tsar, argued its prayer policy was justified after it faced death and bomb threats linked to religious observance on site.
"rational connection between the aim of promoting the team ethos of the school, inclusivity, social cohesion etc and the prayer ritual policy"
In a written ruling on Tuesday, Mr Justice Linden dismissed the pupil's arguments against the prayer rituals ban.
The judge said there was a "a rational connection between the aim of promoting the team ethos of the school, inclusivity, social cohesion etc and the prayer ritual policy".
He said: "The disadvantage to Muslim pupils at the school caused by the prayer ritual policy is in my view outweighed by the aims which it seeks to promote in the interests of the school community as a whole, including Muslim pupils."
The judge upheld the student's challenge to a decision to temporarily exclude her from the school.
Statement from Michaela Community School's headteacher
The head of Michaela Community School said Muslim pupils last year had been put under pressure "to pray, to drop out of the choir, to wear a hijab" while teachers faced abuse and intimidation.
In a statement on X, formerly known as Twitter, Katharine Birbalsingh said: "In 2014, 30% of our intake was Muslim. It is now 50%. We are oversubscribed.
"If our families did not like the school, they would not repeatedly choose to send their children to Michaela."
Reflecting on previous events at the school, Ms Birbalsingh said: "Last year, we watched our Muslim pupils put under pressure by a tiny number of others to fast, to pray, to drop out of the choir, to wear a hijab.
"I watched one of my black teachers racially abused and intimidated, another teacher who had her personal home nearly broken into, and another with a brick thrown through her window."
She added: "There is a false narrative that some try to paint about Muslims being an oppressed minority at our school. They are, in fact, the largest group.
"Those who are most at risk are other minorities and Muslim children who are less observant."
Dan Rosenberg, a lawyer at law firm Simpson Millar who represented the pupil, said the judge had noted the case raised "issues of genuine public interest in circumstances where the school's approach has come into conflict with the religious perspective of an important section of society".
He added: "Obviously, the result was not a result that our client wanted but given the strength of her feelings, she did not feel it was right to merely accept the situation without seeking to challenge it.
"I respect our client's mother for supporting her in this."
Statement from the Education Secretary
In response the ruling, the Education Secretary Gillian Keegan said: “The Michaela Community School is an outstanding school with a history in excelling in its outcomes for all pupils, many of whom are from some of the most disadvantaged parts of London.
“The government has always been clear that heads are best placed to take decisions on what is permitted in their school on these matters, to balance the rights of all with the ethos of the school community – including in relation to whether and how to accommodate prayer. This judgment confirms this.
“This should give all school leaders confidence in making the right decision for their school, while prioritising tolerance and respect between those of different faiths and none.”
Praying outside contributed to "concerted campaign"
Lawyers for the pupil told the judge at a hearing in January that she was making a "modest" request to be allowed to pray for around five minutes at lunch time, on dates when faith rules required it, but not during lessons.
The school's legal team told the court in London that students seen praying outside contributed to a "concerted campaign" on social media over the free school's approach to religion, with there also being a since-removed online petition attracting thousands of signatures.
They added that the governors and headteacher at the school of some 700 pupils, about half of whom are Muslim, had "a margin of latitude, discretion or judgment" over its policies.
Posting on X, formerly known as Twitter, she said the school decided "to stop prayer rituals when some pupils started them, against a backdrop of events including violence, intimidation and appalling racial harassment of our teachers".
The court was told that Ms Birbalsingh, a former government social mobility tsar, first introduced the policy in March last year, with it being backed by the governing body in May - allegedly "on the basis of misinformation and errors".
In March 2023, up to 30 students began praying in the school's yard, using blazers to kneel on.
Lawyers for the school said students seen praying outside contributed to a "concerted campaign" on social media over the school's approach to religion, with there also being a since-removed online petition attracting thousands of signatures.
The court heard the school was targeted with death threats, abuse, "false" allegations of Islamophobia, and a "bomb hoax".
Reversing the school's "emergency" ban would again expose it to "an unacceptable risk of threats", its lawyers said, adding that it avoided "the logistical disruption and detriments to other school activities".
The court was told "Muslim children were observed to be applying peer pressure to other Muslim children to act in certain ways", with the school claiming that allowing prayer rituals risked "undermining inclusion and social cohesion between pupils".
Following the hearing, Ms Birbalsingh told The Sunday Times the legal process was "taking a massive toll" and argued the school should "be allowed to be secular".
She told the paper the school will "definitely appeal if we lose", adding: "I will not divide children according to race and religion; it will not happen under my watch."