Miss Singh challenged her school’s policy which operated to prevent her wearing while at school a steel bangle, a Kara. She said this was part of her religion as a Sikh.
Held: Earlier comparable applications had been made under human rights law, but this was under the 1976 Act. The evidence established that the Sikh religion required adherents to show the five outward signs of Sikhism which included the Kara. The court had to establish was ‘whether the claimant is placed under a great ‘disadvantage’ or has suffered a ‘detriment’ because she was unable to wear the Kara which she regarded as a manifestation of her religion and race of exceptional importance. ‘In this case it was too high to only accept a requirement that she shoud wear the kara.’ The court had ‘little doubt that the claimant genuinely and honestly attaches exceptional importance to wearing her Kara and thereby satisfies the subjective requirement.’ The evidence also suggested that the bangle was of sufficient significance to Sikhs. The claimant therefore suffered the detriment required. In setting the policy, the school did not consider its duties under its own anti-discrimination policy and expressly excluded consideration of it. The claim succeeded.
In judicial review proceedings, the court: ‘must proceed on the factual basis put forward by the defendant or resolve any disputes of fact in the defendant’s favour. This principle has been frequently applied.’
Judges:
Silber J
Citations:
[2008] EWHC 1865 (Admin), [2008] ELR 561, [2008] FCR 203
Links:
Statutes:
Race Relations Act 1976 1(1A), Council Directive 2000/43/EC of 29 June 2000, International Covenant on the Elimination of All Forms of Racial Discrimination
Jurisdiction:
England and Wales
Citing:
Cited – Begum (otherwise SB), Regina (on the Application of) v Denbigh High School HL 22-Mar-2006
The student, a Muslim wished to wear a full Islamic dress, the jilbab, but this was not consistent with the school’s uniform policy. She complained that this interfered with her right to express her religion.
Held: The school’s appeal . .
Cited – Mandla (Sewa Singh) v Dowell Lee HL 24-Mar-1982
A private school had refused to admit the claimant, a sikh, because he would be unable to wear the school uniform. He claimed racial discrimination. The school denied that being a Sikh was a membership of a racial or ethnic group.
Held: Sikhs . .
Cited – Playfoot (A Minor), Regina (on the Application of) v Millais School Admn 16-Jul-2007
The claimant sought to be allowed to wear a purity ring at school. The ring infringed the school’s uniform code. She said that the ring expressed her desire religious to remain pure before marriage.
Held: The wearing of the ring was not . .
Cited – E v The Governing Body of JFS and Another Admn 16-Jul-2008
Application for leave to appeal. . .
Cited – X, Regina (on the Application of) v Y School Admn 21-Feb-2007
The court was asked whether a school was entitled to refuse to allow a Muslim girl to wear the niqab full face veil at school. The reasons were ‘first educational factors resulting from a teacher being unable to see the face of the girl with a . .
Cited – Shamoon v Chief Constable of the Royal Ulster Constabulary HL 27-Feb-2003
The applicant was a chief inspector of police. She had been prevented from carrying out appraisals of other senior staff, and complained of sex discrimination.
Held: The claimant’s appeal failed. The tribunal had taken a two stage approach. It . .
Cited – British Medical Association v Chaudhary CA 27-Jul-2007
. .
Cited – MEC for Education: KwazuluNatal and Others v Pillay 5-Oct-2007
(Constitutional Court of South Africa) A rule which prevented a Tamil-Hindu girl from wearing a nose stud which was central to her cultural and religious identity was discriminatory on religious and cultural grounds. The court rejected an argument . .
Cited – Regina v Secretary of State for Education and Employment and others ex parte Williamson and others HL 24-Feb-2005
The appellants were teachers in Christian schools who said that the blanket ban on corporal punishment interfered with their religious freedom. They saw moderate physical discipline as an essential part of educating children in a Christian manner. . .
Cited – DH v Czech Repiublic ECHR 7-Feb-2006
The claimants, 18 Roma children complained, saying that they had automatically been placed in schools for children with special needs by virtue of their racial origin. . .
Cited – Hampson v Department of Education and Science CA 1989
Balcombe LJ said: ‘In my judgment ‘justifiable’ requires an objective balance between the discriminatory effect of the condition and the reasonable needs of the party who applies the condition.’ The task of the Tribunal hearing such a complaint is . .
Cited – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Cited – Secretary of State for Defence v Elias CA 10-Oct-2006
The claimant said that a scheme drawn by the defendant for compensating British civilians interned by the Japanese during the second world war was indirectly discriminatory on racial grounds by requiring a national origin link with the UK. She had . .
Cited – Regina v Camden London Borough Council Ex Parte Cran and Others QBD 25-Jan-1995
A designation of an area as a controlled parking area was vitiated by the failure of the Local Authority to consult locally. The court expanded on the principles for consultation set out in Gunning: ‘What kind and amount of consultation is required . .
Cited – Baker and Others, Regina (on the Application of) v Secretary of State for Communities and Local Government and Others CA 28-Feb-2008
Dyson LJ considered the interaction between race relations law and planning permission in the context of gypsy encampments. He looked at section 71 of the 1976 Act and said: ‘In my judgment, it is important to emphasise that the section 71(1) duty . .
Cited – BAPIO Action Ltd and Another, Regina (on the Application of) v Secretary of State for the Home Department and Another CA 9-Nov-2007
The action group appealed against refusal of a judicial review of guidelines as to the employment of non-EU doctors, saying that they were in effect immigration rules and issuable only under the 1971 Act. The court had said that since the guidance . .
Cited – Serif v Greece ECHR 14-Dec-1999
Hudoc Judgment (Merits and just satisfaction) Violation of Art. 9; Not necessary to examine Art. 10; Pecuniary damage – financial award; Non-pecuniary damage – financial award . .
Cited – Carson, Regina (on the Application of) v Secretary of State for Work and Pensions; Reynolds v Same HL 26-May-2005
One claimant said that as a foreign resident pensioner, she had been excluded from the annual uprating of state retirement pension, and that this was an infringement of her human rights. Another complained at the lower levels of job-seeker’s . .
Cited by:
Cited – National Secular Society and Another, Regina (on The Application of) v Bideford Town Council Admn 10-Feb-2012
The claimant challenged the placing of a prayer on the agenda of the respondent’s meetings.
Held: The claim succeeded. The placing of such elements on the Agenda was outside the powers given to the Council, and the action was ultra vires: . .
Cited – Robson and Another, Regina (on The Application of) v Salford City Council CA 20-Jan-2015
The appellants, all severely disabled appealed against the refusal of their judicial review of the substantial withdrawal by the Council of a service providing them with transport to local day care facilities. They said that the council had failed . .
Lists of cited by and citing cases may be incomplete.
Education, Discrimination, Judicial Review
Updated: 22 September 2022; Ref: scu.271236