Summary
Article 9 does not confer an absolute right to manifest religion at any chosen time and place. Where a pupil has accepted a school’s regime and has a genuine choice to attend a suitable alternative school, or can manifest the belief in a modified way, interference may not be established. If it is, proportionality requires the four-stage Bank Mellat test, with appropriate weight given to the school’s expertise and predictive judgments. The prayer ritual policy was proportionate. Under the Equality Act 2010, particular disadvantage is relative disadvantage, not an additional serious threshold, and detriment is a low threshold assessed objectively from the claimant’s perspective. The indirect discrimination claim nevertheless failed on justification. The public sector equality duty is distinct from proportionality. A fixed-term exclusion normally requires a fair opportunity to respond; failure to hear the pupil made the second exclusion unlawful.
Factual background
The claimant, a Muslim pupil, challenged a secular school’s prohibition on ritual prayer during the school day and two fixed-term exclusions. She alleged breaches of Article 9 of the European Convention on Human Rights, indirect religious discrimination under sections 85 and 19 of the Equality Act 2010, breach of the public sector equality duty under section 149, and procedural unfairness.
The court found that the prayer policy did not interfere with Article 9 rights and was proportionate in any event. It also rejected the indirect discrimination and public sector equality duty challenges. The first exclusion was procedurally fair, but the second was not. The central issues were whether the policy restricted protected religious observance, whether it was justified, and whether the second exclusion had been imposed without a fair opportunity to respond.
Held
- Article 9. A court may inquire whether a professed belief is genuine and sufficiently serious, intelligible and compatible with human dignity, but must not assess its objective validity by reference to religious orthodoxy. Performing an act pursuant to a perceived religious obligation is, in principle, a manifestation of belief. However, under the domestic approach in R (SB) v Governors of Denbigh High School [2006] UKHL 15, interference is not established where an individual has accepted an institution’s regime and has a genuine choice to manifest the belief elsewhere without undue hardship or inconvenience. A modified form of observance may also be sufficient.
- Proportionality. Applying the four-stage test in Bank Mellat v HM Treasury (No 2) [2013] UKSC 38, the policy pursued legitimate aims connected with the school’s ethos, discipline, social cohesion, logistics and educational activities. No less intrusive workable measure was established. The adverse impact on Muslim pupils was outweighed by those aims. The court could give appropriate weight to the governing body’s and headteacher’s expertise and predictive judgments. The policy was proportionate under both Article 9(2) and section 19(2)(d) of the Equality Act 2010.
- Equality Act claims. Particular disadvantage means relative disadvantage, not a separate requirement of serious or exceptional impact. Detriment is assessed from the claimant’s perspective, subject to an objective standard of reasonableness. The claimant was subjected to a detriment, but the policy was justified. The public sector equality duty is substantive, non-delegable and continuing, but it does not require a particular outcome or impose an automatic monitoring obligation. The governing body had due regard to the statutory needs. Any procedural defect would in any event have been highly unlikely to affect the outcome.
- Exclusions. The statutory guidance and the school’s policy applied to fixed-term as well as permanent exclusions. The first two-day exclusion was not unfair in its urgent context and, alternatively, relief would have been refused under section 31(2A) of the Senior Courts Act 1981. The second five-day exclusion followed an investigation which interviewed other pupils but not the claimant, despite conflicts of evidence and a serious sanction. The claimant was entitled to respond. Ground 4(b) was upheld, and the statutory no-difference test was not satisfied.
- Open justice. The evidence did not establish a sufficiently real and immediate risk to justify a private hearing. The school and headteacher could be identified, while anonymity was retained for the claimant, her mother, staff and pupils.
The court’s approach to earlier authorities
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Appellate history
First-instance judicial review. Permission was granted on the papers by Lang J on 4 July 2023. No appeal is stated in the judgment.
Key cases cited
The 30 most senior of 38 authorities cited.
- Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38
- Essop and others v Home Office [2017] UKSC 27
- In the matter of an application by Denise Brewster for Judicial Review (Northern Ireland) [2017] UKSC 8
- Hotak v Southwark London Borough Council [2015] UKSC 30
- Bank Mellat v Her Majesty's Treasury (No 1) [2013] UKSC 38
- In re Officer L (Respondent) (Northern Ireland) [2007] UKHL 36
- St Helens Borough Council (Respondents) v. Derbyshire and others (Appellants) [2007] UKHL 16
- Belfast City Council (Appellants) v. Miss Behavin' Limited (Respondents) (Northern Ireland) [2007] UKHL 19
- R (on the application of Begum (by her litigation friend, Rahman)) (Respondent) v. Headteacher and Governors of Denbigh High School (Appellants) [2006] UKHL 15
- Regina v. Secretary of State for Education and Employment and others (Respondents) ex parte Williamson (Appellant) and others [2005] UKHL 15
- Michael Clifford v Millicom Services UK Limited & Ors. [2023] EWCA Civ 50
- JB (Ghana), R (on the application of) v The Secretary of State for the Home Department [2022] EWCA Civ 1392
- Bridges, R (On the Application Of) v South Wales Police [2020] EWCA Civ 1058
- McNeil & Ors v Revenue And Customs [2019] EWCA Civ 1112
- Talpada, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 841
- Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345
- Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 141
- F v Surrey County Council [2023] EWHC 980 (Admin)
- THE QUEEN (on the application of (1) GOOD LAW PROJECT LIMITED (2) RUNNYMEDE TRUST) v THE PRIME MINISTER [2022] EWHC 298 (Admin)
- Imam, R (On the Application Of) v The London Borough of Croydon [2021] EWHC 736 (Admin)
- R (Cava Bien) v Milton Keynes Council [2021] EWHC (Admin)
- DMA, R, (on the application of) v The Secretary of State for the Home Department (Rev 1) [2020] EWHC 3416 (Admin)
- Haq, R (On the Application Of) v Walsall Metropolitan Borough Council [2019] EWHC 70 (Admin)
- The Law Society, R (On the Application Of) v The Lord Chancellor [2018] EWHC 2094 (Admin)
- Hurley and Moore, R (on the application of) v Secretary of State for Business Innovation & Skills [2012] EWHC 201 (Admin)
- Brown, R (on the application of) v Secretary of State for Work and Pensions [2008] EWHC 3158 (Admin)
- Watkins-Singh, R (on the application of) v Aberdare Girls' High School & Anor [2008] EWHC 1865 (Admin)
- Playfoot (a minor), R (on the application of) v Millais School [2007] EWHC 1698 (Admin)
- R (X) v Head Teacher and Governors of Y School [2007] EWHC 298
- Daniel Matovu v 2 Temple Gardens Chambers & Ors [2023] EAT 58
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Cases citing this case
7 later cases · 3 positive · 3 neutral · 1 caution
Most senior citing decisions:
- Brenda Hughes, R (on the application of) v Kirklees Council [2026] EWCA Civ 308 applied
- Safe Passage International & Ors, R (on the application of) v The Secretary of State for the Home Department [2026] EWHC 1705 (Admin) considered
- CKT & Anor, R (on the application of) v Twyford Church of England Academies Trust & Anor [2025] EWHC 2396 (Admin) explained
- EBB & Ors, R (on the application of) v The Gorse Academies Trust [2025] EWHC 1983 (Admin)
- Treal Care (UK) Ltd, R (on the application of) v Secretary of State for the Home Department [2025] EWHC 1797 (Admin)
- R (TJ Trading Express Limited) v Secretary of State for the Home Department [2025] EWHC 1274 (Admin)
- Ahmad Zarrin Ghadam, R (on the application of) v Secretary Of State For The Home Department [2024] UKUT 281 (IAC)
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