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Muslim father gets legal aid to fight school over veil ban
Last updated at 00:07am on 23.01.07
A woman wearing the niqab, the full face veil
A school may be forced to allow a 12-year-old Muslim to wear a full-face veil because its local council is refusing to fund a court battle against the child's fundamentalist father.
The school told the girl it was not acceptable for her to wear the niqab – which covers all of her face except her eyes – because teachers believe it will make communication and learning difficult.
Call to tackle 'segregated' schools
But the child's Pakistan-born father is seeking a judicial review of the decision in the High Court in London.
He argues that the ban amounts to an infringement of his daughter's human rights and is understood to be receiving legal aid for his case.
A court order bans identification of the girl, her father and the Buckinghamshire school involved.
Its governors are meeting tonight and may vote for a climbdown because of the council's refusal to support them, fearing costs for contesting the action could climb to £500,000.
Last year the Law Lords ruled that a Luton school was justified in barring Muslim schoolgirl Shabina Begum from wearing a jilbab, a long loose gown, to classes – but it took a long and expensive legal fight.
Even though court costs are currently low, neighbouring Buckinghamshire County Council fears the bill could rocket if its case drags on.
Many of the school's 1,000-plus pupils are Muslim girls, and they are allowed to wear headscarves.
The girl is the only pupil demanding the right to wear the full-face veil. Her three elder sisters, who attended in the past, were allowed to wear the niqab when a different head was in charge.
A source at the Conservative-led council said: "With 250 other schools in the area and severe cuts to the social care budget, it would be inappropriate to spend taxpayers' money on this.
"The council backs the right of the head to enforce her uniform policy, but is not commenting about its stand on the veil."
The girl is understood to have come to school with her face covered in September and the head and governors tried to reach a compromise with her parents to no avail.
She has not been excluded, but has been out of school since early October.
A source close to the school said: "The school feels it would be inappropriate to allow the veil because it could bring difficulties interacting with the girl, especially in lessons like drama.
"The teachers are also concerned they would not be able to see whether or not she has understood something if they cannot see her face."
Local Islamic community leader Mohammed Khaliel said: "Muslims should be able to practise whatever they want within the constraints of the law – but within the large Muslim community in the town, nearly 20,000 people, there is surprise about this.
"The father involved is well-respected, and is a good Muslim, but his is the only family that wants their daughter to wear this veil to school.
"I do know, however, that he believes it is right for his children. The girl wants to wear it too, she is not being forced."
Conservative MP Paul Goodman said: "I believe that the Department for Education and Buckinghamshire County Council should support the school in principle, and should work together to help fund this court case.
"I've written to the Secretary of State seeking an urgent meeting."
The Muslim Council of Britain said the school's policy of allowing the 'hijab' headscarf is "quite sufficient to meet Islamic requirements".
Reader views (13)
Here's a sample of the latest views published.
It's an absolute disgrace that an exorbitant amount of taxpayers money could be used on the legal costs of what should not be taking place in today's society! It seems that political correctness has gone AWOL at the expence of the taxpayers in this country and it just reflects the sheer lack of integration in Britain today. I believe that whilst at school, children should only wear the uniform as required by that particular school, regardless of their gender, age, religion or ethnicity.
- Sam, Newcastle
Simple! Let her attend school and park her in a corner with a pile of books and let her get on with it. Teachers too have human rights and if they cannot operate within a teaching environment due to the pupil's stance, do the next best thing.
- Roy Gilbert, Solihull, England
How about every other parent withdraw their children from this school to mark the perceived infringement of THEIR Human Rights - each and every one of them applying for legal aid, too, while they're at it?
- Ted, Shetland Isles
In the interests of this girl having at least a small chance of a normal life at school she should be spared this public grandstanding. Segregation should not be encouraged in any form, especially in schools.
- Ag, London
If her father does not like the school's policy on uniform then he should find another school for her to attend. He should also bear in mind that in this country we show our faces - he needs to deal with that.
- Karen, Paddington, London
Like Anna, I had a uniform. If you did nnot wear it in the manner required then you had detention. A uniform is there for a very good reason - to make everyone equal, so that children are not taunted about what they wear or do have or don't have. If you can't agree with the school policy - find a school that does have the suitable policy or have private tuition.
- Joe, London
The UK's wholesale adoption of the European Human Rights Convention has led to this pathetic state of affairs. Let's get some commonsense back into the UK!
- Phil Jones, London UK
When I was at school, I had to always tie my hair back, not wear earrings larger than a stud and a stupid short skirt for PE instead of shorts. However, they were the rules, and therefore they were adhered to by all. Rules are rules, uniforms are uniforms and there are good reasons for both and should be respected by both pupils and parents. This is not a religious issue, just a uniform one. If her father wants to be the one to decide what she wears, then he should put her in a school where he can do that, or tutor her at home. If you want to go to a school in Britain, then you adhere to the uniform rules of that school.
- Anna, London, UK
Another example of abuse of the Human Rights Act, if people want to pursue these ridiculous claims let them pay for them out of their own pocket.
- James Sibley, London, England
Uniform is a matter for the School, not the County Council.
Some costs to delegated Schools budgets, like maternity leave and cover of sickness absence are covered on an insurance basis.
Any County or Borough could do something similar for legal costs.
- Alan Griffiths, Forest Gate
Why are we so timid? Weasel words like "...because teachers believe it will make communication and learning difficult." are a nonsense.
Why can the school not take a principled stand and say that it is a disgrace in an English school that a 12 year old girl is subjected to such cultural oppression and subjugation? THAT is what this is really about and it's about time we all openly dealt with it.
Covering a 12-year old from head-to-toe may be acceptable in Pakistan (although that does not make it any less wrong) but it is not acceptable in the UK. Let's say it out loud and deal with it.
- Shaun, France
The veil/niqab is a political statement rather than a required religious dress and should NOT be allowed in any school in this country.
Precedent has already been set by other authorities on this matter so why is this man being allowed to waste so much PUBLIC money?
What was that phrase the government came up with... *Just say NO!*
- Mg, North Wales
These people should adapt their lives to the customs of the country in which they live or leave it. A western woman in an Islamic country is forced to wear the clothing which that culture demands so an Islamic woman should be required to do likewise when living in England.
- Syd, Los Angeles USA
