TTT, by her mother and litigation friend UUU, R (on the application of) v Michaela Community Schools Trust

TTT, by her mother and litigation friend UUU, R (on the application of) v Michaela Community Schools Trust

The school's prohibition on ritual prayer did not amount to an interference with the claimant's Article 9 ECHR rights because she and her family voluntarily accepted the school's secular and strict regime, and she could have chosen to attend a different school permitting prayer without undue hardship or inconvenience. Even if there was interference, the policy was justified as a proportionate means of achieving legitimate aims, including preserving the school's ethos, discipline, and logistical feasibility. The PRP did not constitute unlawful indirect discrimination as any disadvantage was justified for the same reasons. The school did not breach the Public Sector Equality Duty, as the...

Parties
Claimant: TTT (by her mother and litigation friend UUU); Defendant: Michaela Community Schools Trust; Interested Party: London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
17 April 2024
Procedural Posture
Judicial Review / Final Judgment After Full Hearing
Outcome
Claim dismissed except for Ground 4(b) (procedural unfairness in second exclusion)
Legal Topics
Freedom of Religion, Indirect Discrimination, School Discipline, Public Sector Equality Duty, Procedural Fairness
Constitutional Law Education Law Human Rights Law Equality and Discrimination Law Freedom of Religion Indirect Discrimination School Discipline Public Sector Equality Duty +1 more

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Parties

TTT (by her mother and litigation friend UUU)

Claimant

Michaela Community Schools Trust

Defendant

London Borough of Brent

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

Legal Issues

  1. 1 Whether the school's prohibition on ritual prayer (PRP) breaches Article 9 ECHR (freedom of religion)
  2. 2 Whether the PRP constitutes indirect discrimination under section 85 of the Equality Act 2010
  3. 3 Whether the school failed to comply with the Public Sector Equality Duty under section 149 of the Equality Act 2010

Ratio Decidendi

The school's prohibition on ritual prayer did not amount to an interference with the claimant's Article 9 ECHR rights because she and her family voluntarily accepted the school's secular and strict regime, and she could have chosen to attend a different school permitting prayer without undue hardship or inconvenience. Even if there was interference, the policy was justified as a proportionate means of achieving legitimate aims, including preserving the school's ethos, discipline, and logistical feasibility. The PRP did not constitute unlawful indirect discrimination as any disadvantage was justified for the same reasons. The school did not breach the Public Sector Equality Duty, as the...

Court Disposition

Claim dismissed except for Ground 4(b) (procedural unfairness in second exclusion)

Orders

  • Grounds 1, 2, 3, and 4(a) dismissed; Ground 4(b) (procedural unfairness in the five-day fixed term exclusion) upheld; relief refused on all other grounds.