Interim Executive Board of X School v Her Majesty's Chief Inspector of Education, Children's Services and Skills

Education – School. The Administrative Court, in allowing the claimant school's judicial review application in part, held that the segregation of its students, on the grounds of sex, did not constitute discrimination, under ss 13, 23, 85 of the Equality Act 2010, because the defendant Chief Inspector of Education, Children's Services and Skills had not established that the school: (i) discriminated against its male and female pupils by denying them opportunities to interact with or learn from the opposite sex; and (ii) discriminated against its female pupils by treating them as inferior. The claimant's school was a voluntary aided school with an Islamic ethos. The court held that segregation of the students for religious reasons was not, without more, discriminatory and there was no evidence of discrimination, and that, in the present case, there was no unlawful discrimination where both sexes were being denied the opportunity to interact, socialise or learn with or from the opposite sex. Accordingly, the defendant's Ofsted report, which had assessed the school as 'inadequate' on the basis that the segregation amounted to unlawful discrimination, could not stand.

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