The summary judgement which Peter kindly provided is interesting. Firstly, the background in the summary clearly states that this is not the same as considering the education that Danny and I received (which was in essentially separate schools):
“This appeal considers whether it amounts to discrimination for a mixed-sex school to have a complete segregation of male and female pupils over a certain age. Section 85 of the Equality Act 2010 (“EA 2010”) prohibits discrimination by a school against a pupil in the way it provides education for the pupil and in the way it affords the pupil access to a benefit, facility or service. Section 13 of the EA 2010 defines discrimination as including where a person is treated less favourably because of their sex than those who are not of that sex.”
The earlier rounds of the appeal process show (to me) some startling revelations in philosophies:
“Ofsted did not express any opinion that girls were receiving a different or qualitatively poorer level of education than boys but it assessed that the segregation limited the pupils’ social development and the extent to which they were prepared for interaction with the opposite sex when they left school, and in that way they suffered educationally from the segregation.”
So basically, mixing with the opposite sex is essential preparation for life after school. No comment is made on how pupils in single-sex schools obtain that essential element.
But then there’s this:
“The High Court allowed the School’s claim. Mr Justice Jay recognised that denying pupils the educational benefits which might flow from interaction with the opposite sex could be detrimental to them….As the treatment of both groups was of equivalent nature with equivalent consequences, it could not be said that one group was being treated less favourably than the other, and there was therefore no discrimination.”
So, as long as both sexes are disadvantaged to the same degree, it’s OK!
The Court of Appeal dismissed this finding (and the reasons are interesting but too lengthy to go into here). But the Court made it clear that it was not concerned about the reason why the pupils were segregated (which was, on the school’s own admission, to satisfy religious requirements). It seems it is going to take many of these costly legal procedures before it is finally accepted that Islam is not compatible with the framework of UK law and is not suited to be practised here.