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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that the mother/daughter duo who took Michaela to court should face some natural consequences?

586 replies

KTheGrey · 16/04/2024 15:27

Apparently the mother involved wants to send her younger child to the school she finds so unsatisfactory in September. I don't think this is reasonable. I understand the logic of leaving a child at a school where they are established, but she should be expected to find a school she likes better for a younger sibling, surely.

She also intends to bring another suit, presumably tax payer funded again. I think that she should be expected to pay in full for any further suit she brings against the school. She could apply for costs if she wins.

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Smallyeti · 16/04/2024 19:05

The consequences should be that if the school does’t meet the faith needs of the parent/pupil who brought the case, the child should leave if they’re not happy with the ruling. Other than that I’m not sure what other consequences would be warranted.

I am Jewish but atheist. I know many Jewish parents who are happy to send their kids to non-faith based state schools. The ones who want their kids to have more religious education and practice in school hours, send them to Jewish schools. Same with Catholic and Muslim parents I know. My parents were happy for me to go to the local CofE primary and state comprehensive and to sing hymns in assembly, take part in nativities etc. They felt religion and education don’t belong together. I totally agree. I’d like all faith schools abolished completely.

asterel · 16/04/2024 19:03

FlexIt · 16/04/2024 17:21

I am very surprised indeed that the schools right to set its own rules overrode the individuals right to practice religion. For this reason I hope there is an appeal so the judgement can be analysed more closely.

Edited

The school hasn’t overridden anyone’s individual rights to practice religion.

There’s a big difference between one’s beliefs and practices, and demanding space and accommodation within an institutional setting for every desired religious practice.

Protections under the equality act, for example, require “reasonable adjustment”. So reasonable adjustment in accommodating aspects of religion that are essential aspects of the religion is one thing; but a demand to have all religious desires catered for is not necessarily “reasonable”, and not accommodating all desires is not necessarily discriminatory.

For example, many Muslims have said that it is perfectly permitted to make up prayer times missed at school later in the day, especially in the case of children. Some schools or employers might provide a prayer room as a gesture; but they are not discriminating against Muslim students by not doing so, especially when no religious accommodation is offered to any other students. (FWIW, I’m a governor in a large academy trust of secular schools with many Muslim students, and none of our schools provide prayer rooms either. All the usual dietary, clothing, etc. religious requests are allowed; but there are no prayer spaces for any faith.)

That’s normal in lots of secular state schools across the country; conversely, if one set of students are commanding the playground or any other communal school space to pray in groups publicly, isn’t that also a infringing the rights of other students to a secular OR to a multi-faith communal space? And if you provide indoor prayer rooms for up to half the school, then you’d need to be providing the same for every religion. And secular spaces too. Unworkable in a school setting, no?

I think it’s absolutely right that religious belief may require reasonable adjustments under the law. But the key word here is “reasonable”. That’s why the judgement is as it is: the desired “adjustments” were not considered “reasonable”. In the same way that adjustments for every protected characteristic need to be reasonable. It’s reasonable to require disabled access to a building, for example; but not in each and every circumstance (you can’t destroy a listed historic building to install a ramp, for example). I’m sure you can think of many more examples where everyone’s different rights must be negotiated in order that things are fairer for all.

calligraphee · 16/04/2024 18:59

Polishedshoesalways · 16/04/2024 18:50

I don’t think you did make a mistake.

I think you are referring to everyone that doesn’t follow your religious views. It’s an offensive term for ‘everyone else’ The mob - interesting term. Well The Mob on this occasion decided we are not going to allow our schools to turn into hot beds of coercion and intimidation for any religion. It was a good and well supported decision.

No it wasn't a mistake, I used the word mob on purpose because when we agree with the majority they are a great bunch but when we disagree there is trouble. My point was can you really not see a situation where you might be the one seeking to access justice?

Why do you assume I have any religious views?

I have strong views that it is right the courts are used to determine the answer to questions like this. I do not want decisions made by a 'majprity of taxpayers'. Taxpayers/citizens choose the government, the government makes the laws, the courts pass judgements.

Gonnagetgoingreturnsagain · 16/04/2024 18:59

mids2019 · 16/04/2024 18:47

I think there is a fear from some families that are observant if an erosion of their religion by secular liberal values but het this is the UK and in general we have liberal secular values in general.

There may be Muslims that wish to become less devour as many Christians have become over the decades and maybe showing that prayer doesn't need to be enforced and doesn't lead to personal ostracism is a good thing ?

Some Muslims are naturally less devout and more private in the way they practice their religion.

I know of at least one female Muslim friend who if you met her in the street, she could pass for Mediterranean in her looks. I worked with her a long time ago. If I ever asked her questions, e.g. about Eid, she'd tell me about it, but say "oh it's a bit like Christmas really, we eat delicious food for Eid, there are lots of sparkling lights like fairy lights and we exchange presents". We all really liked to go out into the community where we worked which was Spitalfields, and at Diwali time we'd see the Diwali lights and celebrations as the area is predominantly Bangladeshi and we all ate at the Brick Lane curry houses, it was so pretty and you saw the whole community come together to celebrate. There was another Muslim colleague at our workplace at the time who would constantly criticise her, saying things like 'she wasn't being a good Muslim, she'd come to a bad end with her behaviour' (drinking and dating other men) and things along those lines. The other Muslim colleague wasn't as attractive as the first one was, so I think there was some sort of jealousy there and luckily she wasn't loudly vocal about it, but she would say these comments to anyone who wanted to listen and considered herself to be a devout Muslim but didn't wear hijab.

The first colleague and her friends did all the things Muslims shouldn't really do, drink alcohol, married a non Muslim man, had an affair away from her DH, wore clothes which were very Westernised. The second colleague finally got married and we were all surprised to hear that she was marrying a white, non religious man as opposed to a Muslim man, obviously this was her choice.

Polishedshoesalways · 16/04/2024 18:58

EarringsandLipstick · 16/04/2024 18:54

Why should it be made? It’s a school, not a Mosque.

I'm really shocked by the comments on this thread.

You are really saying you have an issue with religions where praying at set times of the day is required being allowed to express their faith?

How, practically speaking, would someone get to a mosque in the working day / school day in order to fulfil their religious requirements?

They don’t need to pray in school to fulfill religious requirements! They can catch up perfectly well either side of the school day as thousands of children have done for years.

Polishedshoesalways · 16/04/2024 18:57

calligraphee · 16/04/2024 18:54

We actually have very little access to justice now, used to have far more and it was much better for all citizens when we did.

It is vital courts hear cases and make judgements - it protects us all to have general access to justice.

It’s a shame Sharia law is still so prevalent in certain communities. Almost as if the usual judicial process is only relevant on occasion.

PlumDeer · 16/04/2024 18:56

Boomer55 · Today 15:55
We should be like France. No faith schools, any faith, ,and all education to be secular.

This

Bigmove25 · 16/04/2024 18:55

Boomer55 · 16/04/2024 15:55

We should be like France. No faith schools, any faith, ,and all education to be secular.

France do have faith schools. They are private but they are very cheap to attend should you wish.

EarringsandLipstick · 16/04/2024 18:54

Why should it be made? It’s a school, not a Mosque.

I'm really shocked by the comments on this thread.

You are really saying you have an issue with religions where praying at set times of the day is required being allowed to express their faith?

How, practically speaking, would someone get to a mosque in the working day / school day in order to fulfil their religious requirements?

Polishedshoesalways · 16/04/2024 18:54

And what if the ruling had been different. All of the school children would be disrupted up to five times a day to accommodate this in a secular school of all places. And this would have been replicated countrywide. I am very glad common sense has prevailed with this ruling.

calligraphee · 16/04/2024 18:54

kirbykirby · 16/04/2024 18:50

It's an absolute disgrace that taxpayer funded legal aid was used to push this claim. What a waste of money!

We actually have very little access to justice now, used to have far more and it was much better for all citizens when we did.

It is vital courts hear cases and make judgements - it protects us all to have general access to justice.

Foxesandsquirrels · 16/04/2024 18:52

ForestFawn · 16/04/2024 18:45

School policy changed after they joined. They brought a very reasonable legal challenge to that. Why on earth would that make you a racist? Unless you think reasonable legal challenges should be limited to those who are white and Christian, in which case I suspect you were already a racist…

It didn't. The rule that a prayer room won't be available was always in place. This girl and her chums decided to take it into their own hands. They disobeyed the rules, started a whole bullying tactic, took over the playground (this school has no playground is a car park) picking on other Muslim kids who wouldn't join them in their prayers on the playground, making them look like lesser Muslims. Spread dangerous misinformation in the community. Put tons of people at risk. The school banned what they were doing. They didn't need to before because kids obeyed the general rule that there's no prayer room. This girl had no issue with this before and didn't just quietly go and pray. She literally caused chaos. If anything, should've been asked to leave but wasn't. But anyway cause this lot didn't, the school had to introduce an additional policy specifically banning what they were doing as the general policy of no prayer room clearly wasn't working anymore. That's like case law when statute law isn't enough.

kirbykirby · 16/04/2024 18:50

It's an absolute disgrace that taxpayer funded legal aid was used to push this claim. What a waste of money!

Polishedshoesalways · 16/04/2024 18:50

calligraphee · 16/04/2024 18:38

In that paragraph I meant 'the populace'.

I don’t think you did make a mistake.

I think you are referring to everyone that doesn’t follow your religious views. It’s an offensive term for ‘everyone else’ The mob - interesting term. Well The Mob on this occasion decided we are not going to allow our schools to turn into hot beds of coercion and intimidation for any religion. It was a good and well supported decision.

mids2019 · 16/04/2024 18:47

I think there is a fear from some families that are observant if an erosion of their religion by secular liberal values but het this is the UK and in general we have liberal secular values in general.

There may be Muslims that wish to become less devour as many Christians have become over the decades and maybe showing that prayer doesn't need to be enforced and doesn't lead to personal ostracism is a good thing ?

calligraphee · 16/04/2024 18:47

downwiththatsortof · 16/04/2024 18:44

@calligraphee The problem is, in this case, they are the mob.

I think you misunderstood my point - it is irrelevant whether 'the majority of taxpayers' support a case. The majority could be right or wrong. That is why it goes to court.

Gonnagetgoingreturnsagain · 16/04/2024 18:46

Burpie · 16/04/2024 18:44

The other child might not be as religious.
And how would 'punishing' her make any sense. She's not her parents 'sins'.

I think the probability of the other child also being religious is quite high, don't you?

And if the mother bullies and intimidates other pupils and teachers at the school, god knows how she behaves as a mother towards her other child, I can well guess.

By punishing the other child, do you mean not allowing her to attend the school or to obey the rules, which are no praying in public spaces there? Of course the other child is not the sin of it's parents, but it can be influenced by their belief system around religion and culture.

calligraphee · 16/04/2024 18:45

Polishedshoesalways · 16/04/2024 18:39

Yes that is reflected in our history - you can look it up, but the school did not make regular prayer time for ANY religion CoE or otherwise.

Edited

The UK doesn't have a secular system, including in education, unlike France.

Regardless of what this specific school states its religious ethos to be (secular or any religion) the question asked was a legitimate one - did this rule change breach pupils' rights.

That question was answered by the courts. If there is an appeal, it will be re-answered.

Ohyoudodoyou · 16/04/2024 18:45

BareGrylls · 16/04/2024 16:59

This was never about prayer it was about disruption and bullying by a group of Muslim students who wanted to impose prayer and religious compliance on other pupils. The new rule was brought in to deal with that. Teachers were threatened as well as children.

This is my view too. It's a sensible ruling aimed at stopping further division.

ForestFawn · 16/04/2024 18:45

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

School policy changed after they joined. They brought a very reasonable legal challenge to that. Why on earth would that make you a racist? Unless you think reasonable legal challenges should be limited to those who are white and Christian, in which case I suspect you were already a racist…

downwiththatsortof · 16/04/2024 18:44

@calligraphee The problem is, in this case, they are the mob.

Polishedshoesalways · 16/04/2024 18:44

Gonners · 16/04/2024 18:41

@KTheGrey ... And teaching Macbeth with witches which upsets the Jehovah's Witnesses.

Arf! Not all bad then. This (from the BBC article) is telling:

Dismissing the student's case, Mr Justice Linden said: "She knew that the school is secular and her own evidence is that her mother wished her to go there because it was known to be strict.
"She herself says that, long before the prayer ritual policy was introduced, she and her friends believed that prayer was not permitted at school and she therefore made up for missed prayers when she got home."

So it wasn't until after the policy was introduced that they started praying in the playground? Before that they had simply obeyed what they believed to be the rules? Hmm.

Yes. Soap box stuff isn’t it. Annoying.

Burpie · 16/04/2024 18:44

The other child might not be as religious.
And how would 'punishing' her make any sense. She's not her parents 'sins'.

Itsdeepitsblue · 16/04/2024 18:44

@EarringsandLipstick why is it an ‘appalling’ post? 😂 congratulations on being offended. The truth hurts I guess?

Polishedshoesalways · 16/04/2024 18:43

isittheholidaysyet · 16/04/2024 18:41

I am very disappointed that the courts took this decision.
I think the girl had good arguments especially around how the rule is discrimitary as others, such as Christians can still pray at school, because Christian Prayer can be done in the head with no outward signs, whereas Muslim prayer can't.
Also as had been said this ban is not preparing children for the adult world and goes against the British value of tolerance (as do many rules at that school) what will OFSTED say?

Also when you send you child to a school, you agree to the rules, but when the rules change during your 7/5 years of attendance what are you supposed to do? Pull them out every time?

Having said this there is no way I would ever send a child to this school or allow any child of mine to be anywhere near its head.

You can leave any school if it makes changes you don’t agree with.

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