LONDON – A school is considering an appeal against a High Court decision criticising its policy restricting boys’ hairstyles to “short back and sides”, a policy that was introduced to keep gang culture out of the classroom.
A judge ruled that the ruling was legally flawed because it allowed for no exceptions.
The test case decision is a victory for the family of African-Caribbean teenager “G”, who has worn his hair in cornrow braids as part of a family tradition since birth.
G, who cannot be named for legal reasons, was excluded at age 11 on his first day at the highly successful St Gregory’s Catholic Science College in Kenton, Harrow, north London, after refusing to remove his braids.
Yesterday, aged 13, his refusal was vindicated as a judge ruled that cornrows should be allowed if they could be shown to be “a genuine cultural and family practice”.
Mr Justice Collins, sitting in London, said the policy in itself was perfectly permissible and not unlawful. “But if it is applied without any possibility of exception, such as G, then it is unlawful indirect racial discrimination, which is not justified.”
In a statement, head teacher Andy Prendiville and chairman of governors Alloysius Frederick later said they were “naturally disappointed” by the court’s decision.“The school’s governing body will now consider whether to apply to the Court of Appeal for permission to appeal against the judge’s determination.”
Mr Prendiville had submitted evidence to the court that the “traditional schoolboy haircut or a ‘short back and sides’ ” was vital to its anti-gang policy. The school was serving an area where there was gun and knife crime, much of it gang-related, and haircuts were often “badges” of gang culture.
To allow cornrows would lead to huge pressure to allow other styles, such as skinhead cuts.
The judge rejected the head’s submissions, saying there was not a shred of evidence to suggest that “anything but choice” could lead to a skinhead haircut. In G’s case, he had not cut his hair since birth, said the judge. “In his family, as his mother states, all men wear their hair in cornrows.”
Rastafarians and Sikhs who did not cut their hair were already permitted not to conform to the “short back and sides” rule.
G’s solicitor, Angela Jackman, said: “This is an important decision. It makes clear that non-religious cultural and family practices associated with a particular race fall within the protection of equalities legislation.” – (PA)