High court judge has ruled that it was wrong for the Ofsted inspectors to penalise an Islamic faith school for the "erroneous" view of separating boys and girls that has led to unlawful discrimination. The Judge, however, allowed Ofsted to publish the rest of its inspection report.
MR Judge Jay allowed Ofsted to complete the report that includes placing the school into special measures, especially after inspectors found books in the school library that stands for the approval to domestic violence. Ofsted is the body that regulates schools in England.
The original inspection report was withheld after a school, that cannot be named, won an injunction in dispute that publishing it would lead to irrevocable damage and extensive negative popularity, as reported by Daily Mail. Judge Jay criticized Ofsted's claims towards the segregation by sex in faith schools.
"Given that both girls and boys are denied the same opportunity of interaction with the opposite sex, it would be artificial to hold that each group has been discriminated against, in the sense of receiving treatment less favourable than the other. There is no evidence in this case that segregation particularly disadvantages women," Judge Jay said, as quoted by The Guardian.
Prior to the hearing, there were three other previous Ofsted inspections of the school that failed to find fault over the segregation policy. Ofsted argued in the recent hearing that separation by sex would "reinforce notions of inferiority within the female gender", which Judge Jay did not find a really strong position.
The Court says that placing the school in special measures was justified since books in the school library containing views that are inimical to fundamental British values were allowed to enter. The said books are said to have contents that approve husbands to beat his wife and the wife is not allowed to refuse sex.
Judge Jay told reporters that it is obvious that leaders at the school did not succeed at allowing these books to enter or re-enter the library. He also added that the report's assessment to that effect cannot be impugned.
