Religion: Pupil takes school to court over alleged prayer ban

A student claims the decision to "ban prayer rituals" at the school breaches her right to freedom of religion

A school led by former government social mobility tsar Katharine Birbalsingh is being challenged in the High Court over a policy allegedly amounting to a "prayer ban".

Michaela School in Brent, north London, introduced a policy in March 2023 "banning prayer rituals".

A Muslim student at the school told the High Court on Tuesday the policy is discriminatory.

The school will set out its defence in court on Wednesday.

The hearing was told that the school's stance was first introduced in March last year by its founder and headteacher Katharine Birbalsingh and later "re-made" by its governing body in May.

The High Court heard Ms Birbalsingh was concerned coverage of the case would cause a "serious risk" of "physical danger"

In the legal action against the free school's governing body, the Michaela Community Schools Trust, the student claimed the decision breached her right to freedom of religion.

The pupil, who cannot be named for legal reasons, told the court the rule had "fundamentally changed" how she feels "about being a Muslim in this country".

She described the ban as "like somebody saying they don't feel like I properly belong here", the hearing was told.

'Only prevents Muslims praying'

Representing the student, Sarah Hannett KC told the court about half of the schools roughly 700 pupils were Muslim and the policy had the "practical effect of only preventing Muslims from praying, because their prayer by nature has a ritualised nature rather than being internal".

She said Muslim prayer requires "prostration and for the worshipper to face a particular direction", adding there was no evidence the ban affected other faiths in the school, for example "a Christian child sitting quietly in the corner of the playground" praying.

The girl's lawyer said she was seeking a "compromise", arguing Muslim pupils should be allowed to pray for around five minutes at lunch time on dates when faith rules required it, but not during lessons.

Ms Hannett told the court the pupil "feels guilty and unhappy, in her words, it 'messes up her day'".

School faced 'threats and bomb hoax'

The school, opposite Wembley Park station, has been referred to as one of Britain's strictest with Ms Birbalsingh's controversial comments and teaching methods making headlines in the past.

Lawyers for the school, which is opposing the legal challenge, had argued proceedings should be held in private due to concerns over past harassment, which saw it face threats and a "bomb hoax".

Representing the school trust, Jason Coppel KC argued reporting of the case could "give rise to a real and immediate risk of harm" to staff and "potentially pupils at the school".

The court heard the school was targeted with "threats of violence", abuse and "false" allegations of Islamophobia.

Mr Coppel said Ms Birbalsingh was also concerned coverage of the hearing would cause "serious risk" of "physical danger to our school community".

But following arguments by the media, Mr Justice Linden ruled that the hearing should be held in public and said the school and headteacher could be identified.

He concluded: "I do not accept that the evidence in this case establishes a risk to the lives or safety of members of the school staff or the school community that would justify holding the hearing in private."

Mr Coppel is due to set out the school's defence to the case on Wednesday, when the hearing is due to conclude.

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