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Latest News - June 2011

Judicial review successful on an important matter of principle

A judicial review was brought by G, an African Caribbean male pupil, on an important matter of principle.

It is a tradition in G’s family that males do not cut their hair, and they wear it in cornrows/ braid. This is a hairstyle of ancient African tradition and is therefore directly linked to race and ethnicity. There are many other African Caribbean males for whom this cultural tradition is equally crucial.

In September 2009, G was excluded from St Gregory’s school within minutes of arriving on his first day. He was told that the school did not permit boys to wear their hair in cornrows. However, this was the first time G and his mother were made aware of this because it was not written down in the school’s uniform policy, its rules or its prospectus. G was told to cut his hair if he wished to attend the school but he felt unable to do so due to his cultural beliefs.

Mr. J Collins decided at the outset of the hearing that because G was not seeking to return to St. Gregory’s School, he would not consider whether the school’s action in September 2009 were unlawful. He instead focused on the lawfulness of the current policy which was amended to prohibit cornrows for boys following G’s exclusion.

The principle remains of fundamental importance to G, as policies of this nature continue to affect African Caribbean boys with G’s beliefs and cultural traditions.

The decision is welcomed by G because the judge has found that the school’s current policy is unlawful as it applies to African Caribbean boys with his beliefs. This is because it indirectly discriminates on race grounds and the judge found that this is not justified in law.

The application was brought to clarify the law, and G is satisfied that this has been achieved.

G’s solicitor, Angela Jackman of Maxwell Gillott states:

"This is an important decision as it makes clear that non religious cultural and family practices associated with a particular race fall within the protection of equalities legislation. For G, wearing his hair in cornrows is a fundamental cultural practice which would have had no adverse impact upon the school. His wishes, however, were dismissed by the school without any consideration."

"Whilst schools face the challenges of maintaining good discipline, a community environment and their particular ethos, this case is a reminder that they must do so within the boundaries of the law."

To find out more about how we can help you, please contact Maxwell Gillott Solicitors.