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An Islamic faith school's policy of completely segregating boys and girls from the age of nine is unlawful sex discrimination, leading judges have decided in a landmark ruling.

Three Court of Appeal judges overturned a High Court finding that Ofsted inspectors were wrong to penalise the mixed-sex Al-Hijrah school in Bordesley Green on the basis of an "erroneous" view that the segregation amounted to discrimination.

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 from nine to 16 for all lessons, breaks, school clubs and trips.

Ruling on the test case in London on Friday, 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 last year's lower court decision.

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."

She said the ruling will be carefully considered to "understand how this will affect future inspections".

As a result of the successful appeal, schools which continue to completely segregate boys and girls could find themselves penalised by Ofsted.

The schools watchdog has previously made it clear that if the court ruled in its favour it would "apply a consistent approach to all similarly organised schools".

It is understood there are around 20 mixed-sex state schools in England which may be operating strict segregation policies, and they are likely to be given time to make changes.

The judges held that Al-Hijrah's segregation policy 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.

They said there was "a strong argument" for the Education Secretary and Ofsted "to recognise that, given the history of the matter, their failure (despite their expertise and responsibility for these matters) to identify the problem and the fact that they have de facto sanctioned and accepted a state of affairs which is unlawful, the schools affected should be given time to put their houses in order in the light of our conclusion that this is unlawful sex discrimination".

The judges 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."

The interim executive board of the school, which is maintained by Birmingham City Council, opposed the appeal, saying that boys and girls were "treated entirely equally while segregated" and that was lawful.

Birmingham City Council's corporate director of children and young people, Colin Diamond, said in a statement: "We have a strong history of encouraging all schools to practise 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."

He added: "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."