Segregation on the ground of sex in school does not constitute discrimination under the Equality Act 2010


Re: X School v Ofsted [2016] EWHC 2813 (Admin)

Whether a mixed school unlawfully discriminates against its male and/or female pupils by making “parallel arrangements” for their education in the same building or by applying a regime of “complete segregation.”  Held: segregation on the ground of sex does not constitute direct discrimination under sections 13 and 85 of the Equality Act 2010. The court held that segregation was not discriminatory on the ground that defendant had not established that the School treated either boys or girls less favourably by denying both male and female pupils opportunities to interact with or learn from the opposite sex, or (ii) the expressive harm caused by the necessary implication that girls are inferior to boys.

Helen Mountfield QC and Sarah Hannett were involved in this case.