- READ MORE — Muslim pupil loses High Court challenge against prayer ban
Religious groups were divided today over a High Court ruling dismissing a Muslim student’s challenge against a ban on prayer rituals at her school in London.
Michaela Community School in Brent faced legal action from a pupil who claimed its policy was discriminatory and unlawfully breached her right to religious freedom.
But a judge concluded the ban did not interfere with the student’s rights and was ‘proportionate’ amid the school’s aim to promote inclusivity and social cohesion.
The Church of England’s chief education officer Nigel Genders has backed the ruling, saying headteachers should have the right to ‘address these issues locally’.
However Muslim leaders have blasted the decision as ‘divisive’, claiming it showed a ‘fundamental misunderstanding’ of what it means to be part of the Islamic faith.
Also reacting to yesterday’s ruling were secular campaigners, who said it served as a reminder that claims of religious freedom ‘do not trump all other considerations’.
It comes after headteacher Katharine Birbalsingh – dubbed ‘Britain’s strictest’ – said: ‘If parents do not like what Michaela is, they do not need to send their children to us.’
Michaela Community School headteacher Katharine Birbalsingh, dubbed ‘Britain’s strictest’
The Church of England’s chief education officer Nigel Genders has backed the High Court ruling, saying that headteachers should have the right to ‘address these issues locally’
Serge Cefai, headmaster at St Thomas the Apostle College and Sacred Heart Roman Catholic Secondary School in Southwark, South London, praised Katharine Birbalsingh for ‘standing up’
Stephen Evans, chief executive of the National Secular Society, said the High Court ruling served as a reminder that claims of religious freedom ‘do not trump all other considerations’
Humanists UK chief executive, Andrew Copson called on the Government to develop national guidance on religious practices in schools to address building ‘resentment’ in the system
Mr Genders said: ‘This case does not appear to be about banning prayer in schools but relates to day-to-day decisions of a particular school in its own circumstances.
‘We agree that heads and governing bodies of individual schools are best placed to address these issues locally and would uphold their right to do so.
‘We do not believe this judgment challenges the principle of Freedom of Religion or Belief, or indeed Collective Worship in schools, which we strongly support.’
Locals in the Wembley Park area were divided by the ruling today, with some telling MailOnline it was the school’s ‘right’, while others said ‘people should be able to live by their background’.
Henangi Deru, 29, said: ‘I think it is the school’s right to say no. I mean if you don’t have the rules in place it quickly becomes out of hand, so you have to have those restrictions.
‘When you sign up to the school you have terms and conditions as part of that anyways. It is the school’s choice in what they want to do.
‘You have your rights (religious rights) but that should be out of the school. If you go into any place of business or employment you have rules you have to follow even if you don’t like it. And I think when you are school that does not change.’
And another man, who asked to remain anonymous, backed the decision, said: ‘It is hard because it’s a fine line. But if the High Court has made a decision there is not a lot they can do about it. I bet the parents are up in arms.
‘If our laws have gone for it I don’t see any reason for it to change – that’s my opinion, I am not a Muslim.
‘In my opinion I think it’s a step forward.’
But Shane Chen, 27, said: ‘It is not the right thing to do and more people should pay attention to [what’s happening] with the school and the students.
‘I think the Government needs to take some action and get involved.’
There are 4,630 CofE schools across the country which are attended by around one million children. About 15 million people alive today went to a CofE school.
CofE schools make up a quarter of all primaries and 228 secondary schools, while more than 500 independent schools say they have a CofE in ethos.
This situation is different to in France where a separation between religion and stat means schools cannot promote any religious observance. Religious signs such as headscarves have been banned in schools in the country since 2004.
Serge Cefai, headmaster at St Thomas the Apostle College and Sacred Heart Roman Catholic Secondary School in Southwark, South London, said today that he had been ‘nervous’ about the implications of the High Court ruling for headteachers across Britain.
Praising Ms Birbalsingh and the school’s governing body for ‘standing up’, he told GB News of the ruling: ‘This is absolutely right. For goodness sake. We have school choice in this country. You can apply for whatever school you like. You don’t join a school and then try to change the rules.
‘If she doesn’t like it, take the child out. I can’t tell you how many times I’ve talked to parents about not this sort of thing, but other things. If you don’t like what’s going on here, take them somewhere else.’
Meanwhile Stephen Evans, chief executive of the National Secular Society, said: ‘Given the disruption experienced by the school, a ruling that the ban on prayer rituals was lawful is welcome.
‘It also serves as a useful reminder that claims of religious freedom do not trump all other considerations. If a school wishes to uphold a secular ethos, it should be entitled to do so.
‘Schools should be environments where everyone feels welcomed and valued, but that doesn’t mean students have untrammelled religious freedom.
‘Where the manifestation of religion is deemed divisive or disruptive, a balance must be struck. We’re pleased the school’s actions have been vindicated.’
Speaking to MailOnline in Wembley Park, Andree Cerrato, 27, agreed, saying: ‘I think they must be able to keep doing what they were doing before.’
In contrast, Anthony Wilkins, 55, said: ‘I am not sure how I feel about it to be honest. I think people should be able to live by their background and where they’re from no matter where they live.
‘My parents came here from Jamaica and we don’t have any sort of particular needs, but I know some people who come here have certain traditions that I do think they should be able to hold onto.
‘If it’s part of their life and their culture I think they should be able to [pray].
‘And if they went to another school they might be told the same thing so something should change in my opinion anyways.’
Muslim faith leader Imam Ajmal Masroor, who is based in London, said he would urge the student’s family to appeal against the judgment ‘so that we can get a more nuanced ruling on this’.
Imam Masroor rejected comments by the judge who said the pupil could perform ‘Qada’ prayers – permitted by Islam to ‘make up’ for missing prayers earlier in the day – ‘to mitigate the failure to pray within the allotted window’.
Meherun Hamid, from the Association of Muslim Schools, told ITV’s Good Morning Britain today: ‘It wasn’t really impinging on anybody else’s rights. She was just exercising her belief’
Nadeine Asbali, a London secondary school teacher who wrote the book ‘Veiled Threat: On Being Visibly Muslim in Britain’, said: ‘I’ve taught in schools where I was the only Muslim and in schools that are almost 100 per cent Muslim, and prayer has never been an issue’
Dr Abdul-Azim Ahmed, who is secretary general of the Muslim Council of Wales, said he was ‘really disappointed that the court hasn’t defended a very well-established British principle’
London-based faith leader Imam Ajmal Masroor said he would urge the student’s family to appeal against the High Court judgment ‘so that we can get a more nuanced ruling on this’
He said: ‘If a child is in secondary school and misses their mid-afternoon prayer for five years, that’s not an exception. That’s been imposed as a rule.’
Imam Masroor said there had been a ‘fundamental misunderstanding’ of what it means to be a Muslim, adding: ‘As a Muslim I have to pray my five daily prayers, there is no compromise. It is my identity.’
Who is ‘Britain’s strictest headteacher’ Katharine Birbalsingh?
Katharine Birbalsingh, who has been commonly described as Britain’s strictest headteacher, is no stranger to controversy.
Ms Birbalsingh, headteacher of Michaela Community School in Brent in North London, has been at the centre of a legal challenge after she decided to ban prayer rituals at the secondary school.
The high-profile school leader has attracted a lot of media attention over the years for her outspoken views on education and ‘woke’ culture.
She first grabbed the headlines at the 2010 Conservative Party conference with a damning speech on the state of England’s schools where she said standards had been ‘so dumbed down that even the teachers know it’ and the education system was broken ‘as it keeps poor children poor’.
A few weeks after her speech to delegates at the Tory conference, Ms Birbalsingh left her post as deputy headteacher of St Michael and All Angels Church of England Academy in south London.
In 2014, she founded Michaela Community School – a free school which has been dubbed the strictest in the country.
Year 7 pupils at Michaela are required to attend a behaviour ‘boot camp’ which teaches them how to walk to lessons quickly in single file, how to sit properly on a chair, and how to concentrate in class.
Students at the school get detentions if they talk in the corridor or if they forget their pencil case or ruler.
The high-achieving school, which has been rated ‘outstanding’ by Ofsted, has been praised by a number of Tory ministers in the past for its academic success, and in 2020 Ms Birbalsingh was made a CBE.
In October 2021, Ms Birbalsingh was appointed as chairwoman of the Government’s Social Mobility Commission (SMC).
Liz Truss, who was equalities minister at the time, celebrated the headteacher for ‘expecting high standards and not indulging the soft bigotry of low expectations’.
But Ms Birbalsingh, who describes herself on social media as having ‘small c conservative values’, faced criticism for comments she made as the Government’s social mobility tsar.
In April 2022, she found herself in hot water over comments to a Government committee which implied girls do not choose to study A-level physics because they dislike ‘hard maths’.
In her inaugural speech as the SMC chairwoman, Ms Birbalsingh, an Oxford University graduate, said understanding of social mobility needed to move beyond a ‘rags to riches’, ‘Dick Whittington’ approach where there is a ‘focus on big-leap-upward mobility from the bottom to the top in one generation’.
She quit her role as the Government’s social mobility tsar in January 2023, citing the fact that she came with ‘too much baggage’ and was doing ‘more harm than good’. She added that some of her ‘controversial’ statements had put the commission in ‘jeopardy’.
Just four months later, Ms Birbalsingh made headlines again when she told the National Conservatism conference that parents should be willing to take their children out of schools if they are ‘too woke’.
Ms Birbalsingh is not afraid to speak her mind – especially on social media – and the recent events surrounding her school are no exception. In January, in a post on X, Ms Birbalsingh defended the school’s policy on prayers as she said it came amid a backdrop of violence, intimidation and racial harassment of teachers.
In the same week that the case against the school was heard in the High Court, Education Secretary Gillian Keegan hailed Ms Birbalsingh’s leadership of Michaela School as ‘incredible’ on social media.
The imam branded comments by equalities minister Kemi Badenoch that the ruling is ‘a victory against activists trying to subvert our public institutions’ as ‘divisive’.
Calling into question what he perceived as different approaches when it comes to Christianity, he said: ‘If we are going to be creating a secular space in a school, should we cancel Easter break? Because that’s inspired by Christianity. Should we cancel Christmas break? Because that’s inspired by Christianity.
‘Should we cancel singing the national anthem which says God Save the King? The mention of God is at the forefront of this very anthem.
‘Where do we draw the line? Or is it that it’s only for Islam and the Muslims that Badenoch and others suddenly scream foul but stay silent when it’s Christianity? It’s a double standard and hypocrisy, I’m afraid.’
However, after Imam Masroor spoke out, Ms Badenoch accused critics of Michaela Community School of attacking it because it is ‘the flagship school for the Conservative Government’s free school programme’.
In a phone-in with LBC Radio, she welcomed the ruling and said: ‘I found this particular incident quite fishy right from the get go. And it was clear that a lot of the statements that the young person had written had not been written by her but by professionals.
‘The Michaela school is constantly attacked, constantly got at and I think it’s because it is the flagship school for the Conservative Government’s free school programme.’
But Dr Abdul-Azim Ahmed, who is secretary general of the Muslim Council of Wales, said he was ‘really disappointed that the court hasn’t defended a very well-established British principle of freedom of religion’.
He added: ‘It’s not looking for preferential treatment, it’s looking for fairness in schools. It’s looking for the basic religious freedoms which have long been a part of the British public sphere.’
Commenting on Ms Badenoch’s statement, he said: ‘I think unfortunately the minister’s comments are sensationalising this case and playing into a culture war and a rhetoric which doesn’t reflect the reality of what’s happening on the ground.’
Also today, Meherun Hamid, from the Association of Muslim Schools, told ITV’s Good Morning Britain: ‘Whether it’s a school or a work, nobody’s asking that you need to stop your work or stop your class to do it.
‘You can do it during the lunchtime. This student decided that they were going to do it during their lunchtime. It wasn’t really impinging on anybody else’s rights. She was just exercising her belief.’
Muslim Engagement and Development (Mend) – a group currently being assessed as to whether it meets the Government’s new definition of extremism – also criticised the ruling.
In a statement on its website, the organisation said: ‘The High Court verdict is an absolute travesty of justice and all who care about preserving the tolerance and diversity of our multicultural nation should condemn this outcome.
‘The ruling sets a dangerous precedent and could risk encouraging a wave of bans on religious expressionism in schools, and perhaps even beyond into other areas of the public sector.’
Mend said it was therefore calling on the school to reconsider its prayer ban ‘in light of the inalienable human right of all to manifest their beliefs without fear of discrimination, including Muslims’.
Ms Birbalsingh, the high-achieving school’s founder and headteacher, said yesterday that the ruling was a ‘victory for all schools’.
But this view was not shared by Nadeine Asbali, a London secondary school teacher whose book ‘Veiled Threat: On Being Visibly Muslim in Britain’ was released in January.
She wrote in the Guardian: ‘I’ve taught in schools where I was the only Muslim and in schools that are almost 100 per cent Muslim, and prayer has never been an issue.
‘While Birbalsingh describes an atmosphere of fear and intimidation in which students became divided along the lines of faith, I’ve only ever seen the opposite: intricate questions about theology coming from the panini-stuffed mouths of 12-year-olds; kids pausing a football game while their mate quickly prays; young people learning how to get along with people different from themselves.
‘The alternative is growing up in a system where that difference is banned, hidden away.’
Tom Rogers, a history teacher and founder of Teachers Talk Radio, told The Times that a quote from Ms Birbalsingh summarised the struggle of headteachers when faced with ‘social media fuelled angst, anger and complaint directed against teachers and schools.’
It comes after Ms Birbalsingh said in a statement yesterday: ‘A school should be free to do what is right for the pupils it serves. The court’s decision is therefore a victory for all schools.
‘Schools should not be forced by one child and her mother to change its approach simply because they have decided they don’t like something at the school.’
She said the school of some 700 pupils, about half of whom are Muslim, embraces ‘traditional values’ where ‘children are happy and are friends with each other across racial and religious divides’.
Ms Birbalsingh said people are informed about its strict rules before pupils join, adding: ‘If parents do not like what Michaela is, they do not need to send their children to us.’
Michaela Community School in Brent, North London, is pictured yesterday after the ruling
Education Secretary Gillian Keegan said: ‘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.’
What are the unique practices at ‘Britain’s strictest school’?
Lunchtime poetry chanting, national anthem singing, restrictions on socialising, silent corridors and constant supervision form part of the ‘unique ethos’ of a school dubbed Britain’s strictest, a judge was told.
The high-achieving Michaela Community School in Brent, Morth London, hit the headlines after a Muslim pupil brought a High Court challenge against its allegedly discriminatory ban on prayer rituals.
The school defended against the claim, arguing it had the discretion to adopt the stance amid death and bomb threats linked to religious observance on site. A ruling was issued today in favour of the school.
Details of Michaela’s practices and its ‘ultra-strict enforcement’ of behaviour rules were revealed by lawyers during the hearing of the student’s legal challenge. They include:
– ‘Family lunch’, poetry chanting and singing the national anthem
At lunchtime, children cannot choose where they sit in the school’s halls but are allocated to tables of six depending on their year and form.
The first stand behind their chairs and chant poetry from memory and a teacher sets a mandatory topic of conversation for pupils to discuss. The aim is to ‘develop the skill of conversing at a meal table’.
Children also have set roles, such as collecting food or cleaning tables. Only vegetarian food is served to avoid division on racial or religious lines.
Students also have to sing the national anthem twice a week.
– The Michaela ‘full stop’
Pupils must end every interaction with teachers with ‘Sir’ or ‘Miss’.
– ‘Tracking’ in lessons and ‘constant supervision’
Under the tracking system, pupils ‘must pay constant attention’ to the teacher during lessons. There is no time in during classes where children may socialise with others.
Teachers are specifically placed on corridors, staircases and at the door of the toilet to supervise children during breaks.
– Silence in corridors
Students move around the school’s narrow corridors in single file and in silence and can only acknowledge staff.
– The ‘Rule of four, no more’
Groups of more than four pupils are not allowed, including when in the school yard.
The aim is to prevent social exclusion, with the school claiming that ‘bullying is virtually unheard of’.
Efforts to ‘aggressively promote integration’ include teachers actively intervening in school yard conversations and games to ensure pupils do not feel left out.
– A strict uniform policy
There is a mandatory blazer, tie, and navy-blue bag carrying the school’s logo. Jewellery and make-up are banned and hairstyles must be ‘appropriate’.
All of the children have identical transparent plastic cases to carry their things in and a branded water bottle. Certain religious dress is allowed, such as headscarves.
Only certain items can be carried by students, with all others banned. Phones seen or heard are confiscated until the end of half term.
According to the pupil’s lawyers, students are not allowed to wear coats, even in winter when they have to go outside in the cold.
The student, who cannot be named, said after the ruling that her school was ‘very well run’, had good teachers and that being involved in the case ‘has not been easy for me’.
‘Even though I lost, I still feel that I did the right thing in seeking to challenge the ban. I tried my best and was true to myself and my religion,’ she said.
Her mother, who supported the challenge, said: ‘The case was rooted in the understanding that prayer isn’t just a desirable act for us – it’s an essential element that shapes our lives as Muslims.
‘In our faith, prayer holds undeniable importance, guiding us through each challenge with strength and faith.’
She continued: ‘My daughter’s impassioned stance compelled me to support her and I stand firm in that decision.
‘Her courage in pursuing this matter fills me with pride and I’m confident she’s gained invaluable lessons from the experience.’
At a hearing in January, the court was told that Ms Birbalsingh, a former government social mobility tsar, introduced the policy in March last year, with it being backed by the governing body in May.
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’.
The student’s lawyers argued the ban on prayer rituals on the premises ‘uniquely’ affected her faith due to its ritualised nature.
The pupil alleged the school’s stance on prayer – one of the five pillars of Islam – was ‘the kind of discrimination which makes religious minorities feel alienated from society’.
Her legal team said 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 argued its policy was justified as it risked ‘undermining inclusion and social cohesion’ between pupils, would again expose it to ‘an unacceptable risk of threats’ and that it avoided ‘logistical disruption’.
Mr Justice Linden concluded there was ‘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.’
He said the student had ‘at the very least impliedly accepted’ that she would be ‘subject to restrictions on her ability to manifest her religion’ when joining the secular school.
The judge said the pupil could also perform ‘Qada’ prayers – permitted by Islam to ‘make up’ for missing prayers earlier in the day – ‘to mitigate the failure to pray within the allotted window’.
He accepted the prayer policy caused the pupil a ‘detriment’ but concluded it was ‘a proportionate means of achieving a legitimate aim’, adding that the school was justified in deciding that there were practical difficulties in allowing indoor Muslim prayer during the school day.
Mr Justice Linden said of the student: ‘I do not doubt that she has strong feelings, but she says that they are based on the whole of the events which have led to this claim … and on her views that she has been treated differently because she is a Muslim, that she is the victim of discrimination, and that she has effectively been told that she does not ‘properly belong here’, none of which is in fact the case.’
Evidence showed that since the prayer rituals ban was introduced ‘good relations within the school community have been restored’, the judge said.
He upheld the student’s challenge to a decision to temporarily exclude her from the school as a breach of its duty ‘to act fairly’.
Former home secretary Suella Braverman, who co-founded the Michaela Community School, said she was ‘delighted’ by the judgment.
The pupil took legal action against Michaela Community School in Brent, North London
Mr Justice Linden dismissed the pupil’s arguments against the prayer rituals ban at the school
She said: ‘Michaela has always been a school which prioritises high achievement.
‘And I know how hard Katharine (Birbalsingh) has worked to make it a success right from the early days when I was involved in helping to set up the school as chairman of governors.
‘This is a victory for the children and their parents who want them to live happy and fulfilled lives.’
Also in the wake of the ruling, Humanists UK called on the Government to develop national guidance on religious practices in schools to address building ‘resentment’ in the system.
The charity’s chief executive, Andrew Copson, said: ‘In the absence of national guidance on religious practices in schools and of a serious national discussion about existing laws, cases like this will continue to be brought. Schools shouldn’t be left alone to deal with this.
‘Today’s High Court judgment requires serious thinking from the Government about how to protect the child’s freedom of religion or belief while also making sure our education system is fair and inclusive to all.’