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Michaela Community School, frequently referred to as 鈥淏ritain鈥檚 strictest鈥�, is facing a High Court challenge from a pupil over a policy banning prayer rituals.

The free school in Wembley, north London, is subject to a judicial review over the policy, brought by an affected Muslim pupil who cannot be named for legal reasons. 

The school can be named after an application to remain anonymous was rejected.

Ban has ‘particular affect’ on Muslim pupils

The court heard that about 30 pupils started praying in the playground over a six-day period in March and used blazers to kneel on after they were 鈥減rohibited鈥� from using prayer mats. 

The school, where around half of its 700 pupils are Muslim, does not have a specific prayer room.

The praying pupils were 鈥渧isible from the street鈥� which sparked uproar among members of the public and led to the school receiving 鈥渁buse and harassment鈥�, the court heard.

Jason Coppel KC, representing the school, said there was a 鈥渃oncerted campaign鈥� on social media including a petition and 鈥渄eath threats鈥�, including a bomb hoax, which led to the outright ban.

The ban decision was made by headteacher Katharine Birbalsingh, the former government social mobility commissioner, on March 27 last year and was later 鈥渞emade鈥� by the school鈥檚 governing body in May.

But Sarah Hannett KC, for the claimant, said 鈥渋t鈥檚 a decision banning prayer rituals which we say has the particular affect of only preventing Muslims鈥� from praying because their prayers have a 鈥渞itualistic quality鈥� and at times required by their religion.

Hannett said 鈥渢he claimant鈥檚 evidence is that if she was permitted to pray in a classroom which was cleaned every day she wouldn鈥檛 need a mat” and added 鈥渉er evidence is that her prayers would take five minutes鈥�. 

Hannett said 鈥渢he discrimination to which (the pupil) says she has been subjected has had a serious adverse adverse affect鈥� on her and 鈥渉er evidence is it鈥檚 fundamentally changed how she feels as a Muslim in this country鈥�.

She said the ban breached equality laws and the pupil’s freedom of religion. The ban was imposed 鈥渨ithout any consultation with pupils, parents or religious authorities鈥�, she added.

Lawyers acting for the claimant also question whether exclusions were lawful without considering her account of the misconduct alleged.

Judge denies anonymity for school

Lawyers for the school had applied for the proceedings to be heard in private. Failing that, they wanted details such as the name of the school and its headteacher – the outspoken Birbalsingh – to be non-reportable.

However, after representations from members of the media, including Schools Week, Mr Justice Linden ruled that the proceedings must be heard in public. 

Coppel had argued that public proceedings and wider publicity around the prayer ban policy 鈥渨ould give rise to a real and immediate risk of harm to the headmistress, school staff, and potentially pupils at the school鈥�.

But Mr Linden said: 鈥淚 do not accept the that the evidence in this case shows a risk to the lives or safety of members of the school staff or its wider community which would justify holding this hearing in private.鈥�

He accepted the application for the claimant – a pupil to be referred to as 鈥淭TT鈥� –  and another person involved in the litigation, to be referred to as “UUU”, but he ruled that the school and the local authority can be named.

Despite this, the judge said he does not 鈥渦nderestimate the unpleasantness of the events of March 2023鈥�. 

School faced ‘disgraceful’ abuse

He said 鈥渢here were numerous and public accusations of islamophobia鈥� and 鈥渧ery unpleasant abuse鈥� was directed at the school and at one staff member, who cannot be named for legal reasons, in particular.

鈥淭he racial and misogynistic abuse directed at her was disgraceful鈥�, he said.

He added: 鈥淭here was hoax email stating that bombs had been planted at the school, although, as I indicated, that was not in fact the case, and there was damage to property in the form of a window of a teacher鈥檚 home being smashed.”

He accepted these factors gave 鈥渞ise to a genuine concern on the part of the school and in particular its headteacher鈥� but noted there was no evidence of any 鈥減hysical confrontation鈥� towards members of staff.

Schools have a to hold a daily act of worship that is “wholly or mainly of a broadly Christian character”, but many have opted out.

Government “schools will not be acting unlawfully if they do not provide an equivalent act of worship for other faiths”.

Michaela regularly tops the national league tables for exam results. It has been dubbed the strictest school in the country, with silent corridors and other controversial policies such as ditching SEND labels and giving detentions for failing to have a pen.

Former home secretary Suella Braverman was founding chair of the free school, which opened in 2014.

Lawyers for the school are due to set out their case tomorrow, when the hearing is also due to conclude.

UPDATE: This piece was updated at 6.20pm with further details from the court hearing.