A
girl was unlawfully excluded from school for wearing a traditional
Muslim gown instead of school uniform, the Court of Appeal has
ruled.
Shabina Begum, 15, accused Denbigh High
School in Luton, Beds, of denying her "right to education and to
manifest her religious beliefs".
Cherie Booth QC represented her at the appeal court hearing in
December.
Judges were told then the case involved "fundamental issues" of
the freedom to practise religion.
Miss Begum, whose father and mother are both dead, had worn the
regulation shalwar kameez (trousers and tunic) from when she
joined the school at the age of 12 until September 2002.
At that time she and her brother, Shuweb Rahman, informed
assistant headteacher Stuart Moore she would be wearing a full
length gown-type garment called a jilbab.
The head teacher and governors of the school where 79% of pupils
were Muslim said this was not acceptable and she should keep to
the accepted uniform policy.
After Miss Begum was sent home a series of court cases started and
the latest of these was heard at the Appeal Court in December.
High Court judge Mr Justice Bennett had already dismissed the
girl's application for judicial review, ruling that she had failed
to show the 1,000-pupil school had excluded her or breached her
human rights.