A Muslim father is being prosecuted for keeping his son off school for months in a row over teaching LGBT+ equality lessons.

Jabar 'Jay' Hussain, 51, faces a fine and potentially jail for failing to ensure his nine-year-old went to Parkfield Community School in Birmingham.

Mr Hussain has instructed lawyers to seek a judicial review over the issue if Birmingham City Council does not back down.

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Jabar 'Jay' Hussain (pictured), 51, faces a fine and potentially jail for failing to ensure his nine-year-old went to Parkfield Community School in Birmingham

Pictured is the protest outside the primary school over the 'No Outsiders' equality programme

Mr Hussain claimed 'No Outsiders', created by the school's former assistant head Andrew Moffatt (pictured), promoted homosexuality and transgenderism

He claimed the school's 'No Outsiders' equality programme was 'incompatible' with his rights and Muslim faith.

He alleged the lessons posed a 'safeguarding risk' and caused confusion for young pupils about their gender identity and the decision to prosecute him was unlawful and breached his human rights.

His lawyer Paul Conrathe said: 'This prosecution criminalises him for not submitting to teaching in breach of his rights.'

He wrote to Birmingham City Council on Friday saying: 'He [the father] considers the school's approach presents a safeguarding risk to his child.'

Mr Hussain previously said he did not want his son to be told 'it is okay to be gay'.

An estimated 600 Muslim children were pulled out of Parkfield Community School in protest against lessons about homosexuality and gender in March (pictured)

Mr Hussain said in September: 'We have no issue if Mr Moffat wants to put on a dress, or dance around like a ballet dancer, or put on a skirt, we have no issue. We have an issue with teaching that nonsense to our kids'

He claimed 'No Outsiders', created by the school's former assistant head Andrew Moffatt, promoted homosexuality and transgenderism.

During a protest outside the school in September, Mr Hussain told BirminghamLive: 'We are not against anyone expressing their sexuality or being homosexual if that's what they want.

'We have no issue if Mr Moffat wants to put on a dress, or dance around like a ballet dancer, or put on a skirt, we have no issue. We have an issue with teaching that nonsense to our kids.'

In his legal challenge, he also claimed the school 'goes well beyond teaching acceptance for different types of families. For instance, it advocates for children to be whatever they feel they might be (including in relation to gender)...'

The letter to the council also said the programme 'reinforces the message that it is ''good'' to be transgender' and claimed - wrongly according to Mr Hussain - gender identity is a protected characteristic under the Equality Act 2010.

The book 'Introducing Teddy', used as part of the 'No Outsiders' programme in the school, was held up as an example of the content Mr Hussain condemned.

The book is about friendship and features a boy teddy who reveals he would rather be a girl teddy.

The school reportedly responded to Mr Hussain previously to say: 'Whilst Mr Hussain may believe being gay and lesbian as well as transgender are morally wrong, they are protected characteristics under the Equality Act.'

The legal challenge by Mr Hussain is likely to revive the debate between some parents of faith and city primary schools about what should be said to young pupils about LGBT+ families and people.

Protests started at the gates of Parkfield in early 2019, led by Muslim parents who said they did not want their children to be taught it was okay to be gay.

Protests started at the gates of Parkfield in early 2019 (pictured), led by Muslim parents who said they did not want their children to be taught it was okay to be gay

At one point hundreds gathered outside the school, chanting in protest, while 600 Muslim pupils - aged between four and 11 - were withdrawn from classes.

Some demonstrators even said they would rather leave the UK than allow their children to continue attending Parkfield Community School.

The lessons were suspended for consultation over several months - but when the programme was amended and revived in September there were new protests.

This time Mr Hussain was at the forefront.

In a demonstration in front of the school, he urged parents to join a day of withdrawal of children, telling them if they lived by the Qu'ran and their Muslim faith, they would protest.

Ofsted ruled the 'No Outsiders' programme taught at Parkfield was 'age appropriate' and the school has retained its 'outstanding' grading through the protests.

Pupils have five of the lessons a year, covering areas including age, disability, gender reassignment, marriage and civil partnership, pregnancy or maternity, race, religion or belief, sex and sexual orientation.

Some of the protesters at the school in Birmingham have said Islam did not accept homosexuality

The programme was first piloted at the school in 2014 and is now also taught at dozens of other schools in the country.

Mr Moffat, who is in a civil partnership, was made an MBE for services to equality and diversity in education in 2017.

Anderton Park School in Sparkbrook was also the target of regular protests over the LGBT+ issue.

Birmingham City Council successfully won a high court injunction which placed a permanent exclusion zone around the school, prohibiting protests.

In her annual report published last week, Ofsted's chief inspector criticised the government for a lack of action over protests against LGBT+ equality lessons, warning tensions remain 'unresolved'.

Amanda Spielman said national leadership was 'lacking' and there was no swift condemnation from the government during the row over teaching primary school children same-sex families exist.

The Ofsted chief warned 'anxiety and concern' remained in communities ahead of relationships lessons becoming compulsory in all primary schools across England from September.

A parent who fails to ensure their child attends school for long periods is liable to a fine of up to £2,500, a community order or a jail sentence up to three months.

The court would also give a parenting order.

Parkfield Community School has been approached for comment.