An Islamic faith school's policy of segregating boys from girls is unlawful sex discrimination, Court of Appeal judges have today ruled.

Three Court of Appeal judges in London overturned last year's finding by a High Court judge that Ofsted was wrong to penalise the mixed-sex Al-Hijrah school in Birmingham.

Inspectors had found that separating the pupils - to the extent that they were forced to walk down different corridors - left them 'unprepared for life in modern Britain'.

Ofsted also discovered that the school kept 'offensive' books in the library which advocated wife beating and forced sex – a fact the school was not challenging.

The case means that inspectors will be able to mark down Islamic and other faith schools in future for segregating pupils – a controversial practice which campaigners say makes girls feel inferior.

The state-funded Al-Hijrah School in Birmingham challenged its own critical Ofsted report

In today's test ruling, the Master of the Rolls Sir Terence Etherton, Lady Justice Gloster and Lord Justice Beatson unanimously allowed a challenge by Ofsted's chief inspector Amanda Spielman against Mr Justice Jay's decision.

The appeal judges held that the school's policy of complete segregation from year five caused detriment and less favourable treatment for both male and female pupils by reason of their sex and was contrary to the 2010 Equality Act.

For religious reasons the voluntary-aided school, which has pupils aged between four and 16, believes that separation of the sexes from year five onwards is obligatory.

It has complete segregation of boys and girls from nine to 16 for all lessons, breaks, school clubs and trips.

In a landmark decision, the appeal judges said: 'It is common ground that the school is not the only Islamic school which operates such a policy and that a number of Jewish schools with a particular Orthodox ethos and some Christian faith schools have similar practices.'

Ofsted had made it clear, they said, that if this appeal succeeded 'it will apply a consistent approach to all similarly organised schools'.

The judges said there was 'a strong argument' for the Education Secretary and Ofsted to give the schools affected time to 'put their houses in order' after the ruling that inspectors had 'de facto sanctioned and accepted a state of affairs which is unlawful'.

They added: 'The relevant central government authorities should not pivot in the way they have gone about this without recognising the real difficulties those affected will face as a consequence.'

Ms Spielman said after the ruling: 'Ofsted's job is to make sure that all schools properly prepare children for life in modern Britain. Educational institutions should never treat pupils less favourably because of their sex, or for any other reason.

'The school is teaching boys and girls entirely separately, making them walk down separate corridors, and keeping them apart at all times.

'This is discrimination and is wrong. It places these boys and girls at a disadvantage for life beyond the classroom and the workplace, and fails to prepare them for life in modern Britain.

'This case involves issues of real public interest, and has significant implications for gender equality, Ofsted, government, and the wider education sector. We will be considering the ruling carefully to understand how this will affect future inspections.'

Helen Mountfield QC, representing the watchdog, had said segregating pupils in a mixed sex school was against the Equality Act 2010

Rebecca Hilsenrath, chief executive of the Equality and Human Rights Commission, added: 'Regardless of their gender, every child has the right to an effective education - and one which lets them be themselves and mix with whoever they choose.

'For this reason, we welcome today's confirmation by the Court of Appeal that it is unlawful for a mixed school to segregate girls and boys completely.

'Socialisation is a core part of a good quality education, just as much as formal learning, and without it we're harming children's life chances right from the start.

'The Government's recent race disparity audit highlighted clear attainment gaps and it is important that in addressing those gaps our schools operate in ways that reflect and reinforce the country's values of fair treatment and respect.'

During the appeal hearing, Peter Oldham QC, appearing for the school's interim executive board, said boys and girls at Al-Hijrah, which is maintained by Birmingham City Council, were 'treated entirely equally while segregated' and argued that was lawful.

In today's test ruling at the Court of Appeals in London, pictured, the Master of the Rolls Sir Terence Etherton, Lady Justice Gloster and Lord Justice Beatson unanimously allowed a challenge by Ofsted's chief inspector Amanda Spielman against Mr Justice Jay's decision (stock photo)

He said Ofsted did not claim that separation was discrimination until 2016 and its actions were 'the antithesis of proper public decision-making'.

The judges said they did not accept the school's argument that 'whether looked at from an individual or group perspective, separate but equal treatment by reason of gender cannot be unlawful discrimination, even it it is detrimental'.

Government lawyers had said there were a 'number of schools' that would have to stop segregating, or split into single sex schools if Ofsted won the case.

At a previous hearing, Helen Mountfield QC, representing the watchdog, said that segregating pupils in a mixed sex school was against the Equality Act 2010.

Ofsted chief inspector Amanda Spielman, pictured, said after the ruling: 'Ofsted's job is to make sure that all schools properly prepare children for life in modern Britain'

She told the court: 'If boys and girls in a school which is registered as a mixed-sex school lose the opportunity to work and socialise confidently with members of the opposite sex, as Ofsted says they should do, they will go into the world unprepared for life in modern Britain where they are expected to be able to work and socialise in mixed-sex environments.'

But segregation was particularly detrimental to girls because females were 'part of a group with the minority of power in society', said Ms Mountfield.

Ms Mountfield added that Al-Hijrah was an Islamic voluntary aided school which admits pupils of both sexes between the ages of four and 16.

From year five, however, boys and girls were completely segregated for all lessons, as well as break and lunchtimes and for school trips and all school clubs.

Martin Chamberlain QC, appearing for the Education Secretary, said the High Court had been wrong to hold that the school's policy of complete segregation, which had been adopted for religious reasons, was not direct sex discrimination.

He said: 'Parliament has made no exception permitting segregation by sex of any sort in a co-educational school.'

The Equality and Human Rights Commission also supported Ofsted.

Colin Diamond, corporate director for children and young people at Birmingham City Council, later said: 'We have a strong history of encouraging all schools to practice equality in all its forms and would robustly tackle any discrimination, but the issue here is about schools being inspected against unclear and inconsistent policy and guidelines.

'This is not a case where boys and girls were being treated differently. Ofsted found that boys and girls were treated equally.

Ruling could see schools penalised by Ofsted for segregating girls and boys Schools which continue to completely segregate boys and girls could find themselves penalised by Ofsted following today's ruling. State schools which segregate pupils for all areas of their education, including lessons, breaks, clubs and trips, could now find themselves given a lower rating by the schools watchdog, and in breach of equality laws, if they do not alter their policies. It is understood that there are around 20 mixed-sex state schools in England which may be operating strict segregation policies, and they are likely to now be given time to make changes to these. Today's ruling relates to mixed-sex schools only, and therefore does not impact single-sex schools. Advertisement

'If it is national policy that schools practising gender separation are considered to be discriminating against pupils, then local authorities and the schools themselves clearly need to be told so they know what standards they are being inspected against.

'This wasn't the case here as the DfE does not publish guidelines on gender separation and this has not been an issue at five previous inspections at Al-Hijrah.

'It is set out clearly in its published admission arrangements to which neither the DfE nor Ofsted has ever objected, prior to this case.

'We would only take legal action in extreme circumstances. We made several attempts to resolve this with both the DfE and Ofsted but they refused to engage.

'This is not about one school, one community or one faith but about making sure there is a clear policy applied fairly and consistently.'

He added: 'While this judgment does not directly affect single-sex schools, due to legal exemptions, there is clearly a national debate to be had around their future.'

The National Secular Society's campaigns director Stephen Evans said of the ruling: 'This is excellent news for young British girls from Muslim backgrounds. The court has struck an important blow for gender equality.'