lifting the veil: new school uniform case

Following the publicity last year after the House of Lords decision in the case of a school pupil who wanted to wear a jilbab (long coat-like garment) to school (R(Begum v. Governors of Denbigh High School) this new case reported today was a similar challenge concerning the wearing of the niqab (full veil over the face).

The facts of the case were slightly different from Begum in that the pupil alleged that her sisters, who had now left the school, had been able to wear the veil when they had attended the schooland the pupil had a legitimate expectation that she would be permitted to do the same.

As in the Begum case the pupil argued that the her Art 9 rights (freedom of religion) had been infringed when the head teacher refused her request to wear the veil. Following the House of Lords decision the High Court rejected this argument saying that as the pupil could have chosen to go to another school, ie, a school where should could have worn the niqab, it could not be be said that her Art 9 rights had been infringed. However, the Court did go onto to say that even if there had been an interference with her rights, they were justified.

The Court also rejected the legitimate expectation argument, stating that it was only this pupil’s sisters who had worn the veil and since then there had been revisions to the school uniform policy and there had been a change of head teacher. Accordingly, the school had not adopted a practice of allowing the wearing of the niqab such that she was entitled to.

Case reference: R(X) v. The Head Teacher and Governors of Y School (2006).