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

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

But Mr Hussain has instructed lawyers to seek a judicial review over the issue if Birmingham City Council did not back down, claiming 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 that the decision to prosecute him was unlawful and breached his human rights.

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

He wrote to Birmingham City Council on Friday, stating: "He (the father) considers the school’s approach presents a safeguarding risk to his child."

(Image: Birmingham Live)

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

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)..."

What is the No Outsiders programme? The No Outsiders programme was created in 2014 by Andrew Moffat, then the assistant head teacher at Parkfield Community School in Birmingham. The programme aims to teach children about the characteristics protected by the Equality Act 2010 and seeks to deliver a curriculum which enables children to understand the benefits of a diverse society that is celebrated and prepares them for modern Britain, including issues such as sexual orientation and religion. Through a progressive range of 35 picture books, all children from Nursery up to Year 6 are taught about diversity. Books used in programme include stories about a dog that doesn't feel like it fits in, two male penguins that raise a chick together and a boy who likes to dress up like a mermaid. But some parents at Parkfield Community School in Birmingham say lessons featuring books depicting same-sex relationships are not age-appropriate and that the programme was introduced without adequate consultation. Ofsted has independently ruled the No Outsiders material used is age appropriate and have confirmed the school's 'outstanding' grading - but that did not stop some parents removing their children from the school, claiming the school has ridden roughshod over their concerns. A new version of the programme was introduced at Parkfield in September 2019, called "No Outsiders in a Faith Community", which aimed to consider some of the concerns raised. The school has since held regular workshops in school with parents about the programme's contents.

The letter to the council also stated the programme "reinforces the message that it is 'good' to be transgender" and claimed - wrongly according to Mr Hussain - that 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 that Mr Hussain condemned as unpalatable.

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

(Image: Birmingham Live)

The school reportedly responded to Mr Hussain previously to state: "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 and should not be said to young pupils about LGBT+ families and people.

(Image: Darren Quinton/Birmingham Live)

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. At one point hundreds gathered outside the school, chanting in protest.

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

(Image: Birmingham Live)

This time Mr Hussain was at the forefront. In a demonstration in front of the school, he urged fellow parents to join a day of withdrawal of children, telling them that, if they genuinely lived by the Qu'ran and their Muslim faith, they would join the protest.

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

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 that 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 that 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 ultimately 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 asked for a statement.