Birmingham City Council v Afsar & Ors (Rev 2) [2019] EWHC 3217 (QB) (26 November 2019)

Birmingham City Council v Afsar & Ors (Rev 2) [2019] EWHC 3217 (QB) (26 November 2019)

The Council had statutory power to seek, and the court to grant, injunctions restricting the manner of protests and abuse where necessary and proportionate to prevent disorder and protect the rights of others. The Equality Act 2010 does not apply to the content of the curriculum, and the teaching at issue was lawful and not discriminatory. Restrictions on street protests were justified, but not on social media statements. Injunctions could be clearly framed and granted against the first three defendants and Persons Unknown who had been served.

Citation
[2019] EWHC 3217 (QB)
Parties
Claimant: Birmingham City Council; First Defendant: Mr Shakeel Afsar; Second Defendant: Ms Rosina Afsar; Third Defendant: Mr Amir Ahmed; Fourth Defendant: Persons Unknown seeking to express opinions about the teaching at Anderton Park Primary School; Fifth Defendant: John William Allman
Jurisdiction
England and Wales
Judgment Date
26 November 2019
Procedural Posture
Claim for Injunctions (civil) / Final Judgment After Trial
Outcome
Injunctions granted in part
Legal Topics
Injunctions, Freedom of Expression, Freedom of Assembly, Equality Act 2010, Anti Social Behaviour, Public Nuisance, Obstruction of Highway, Discrimination (race/religion), Curriculum Content Exception
Public Law Education Law Human Rights Law Equality Law Injunctions Freedom of Expression Freedom of Assembly Equality Act 2010 +5 more

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Parties

Birmingham City Council

Claimant

Mr Shakeel Afsar

First Defendant

Ms Rosina Afsar

Second Defendant

Mr Amir Ahmed

Third Defendant

Persons Unknown seeking to express opinions about the teaching at Anderton Park Primary School

Fourth Defendant

John William Allman

Fifth Defendant

Procedural Posture

Claim for Injunctions (civil) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the Council has statutory power to seek injunctions restricting protests and online abuse about school teaching of LGBT issues
  2. 2 Whether the teaching or school conduct amounts to unlawful discrimination under the Equality Act 2010
  3. 3 Whether the restrictions sought are necessary and proportionate interferences with rights under Articles 8, 9, 10, 11 ECHR

Ratio Decidendi

The Council had statutory power to seek, and the court to grant, injunctions restricting the manner of protests and abuse where necessary and proportionate to prevent disorder and protect the rights of others. The Equality Act 2010 does not apply to the content of the curriculum, and the teaching at issue was lawful and not discriminatory. Restrictions on street protests were justified, but not on social media statements. Injunctions could be clearly framed and granted against the first three defendants and Persons Unknown who had been served.

Court Disposition

Injunctions granted in part

Orders

  • Final injunctions granted against the first three defendants and Persons Unknown restricting the manner of street protests near the school.
  • No injunction continued against Mr Allman or in respect of abusive statements on social media.