The case of a Black child being told their hairstyle was unacceptable by a Brent secondary school was the focus of a talk by veteran Grenadian born education campaigner and academic Professor Gus John, at the 'Institutionalisation of Racism Weekend' at the ICA in London.
John said was using the case to make the point, in his words, that 'Decolonising the institution is a prerequisite for decolonising the curriculum.'
The slides appear to refer to an old case LINK but clearly pertinent given the Black Lives Matter movement and more recent issues in schools.
Slides were shown with extracts from the school's position on corn rows at the time:
Since Michael Gove's education reforms no Brent secondary school is directly controlled by the local authority. There are stand alone academies, multi-academy trusts, academy chains, faith schools and a free school.
However, Brent Council does have an overall responibility for the wellbeing and safeguarding of all children in the borough and in the light of Black Lives Matter has adopted a Black Community Action Plan. LINK
Of relevance is a more recent case won by the Equalities and Human Rights Commission reported here LINK:
Stopping a school from using a discriminatory hairstyle policy
Case name: Ruby Williams vs Urswick School
A pupil, Ruby, took her school to court after it enforced a uniform policy that banned Afro hair of excessive volume. When the school didn’t respond to the claim, the court issued a default judgment in her favour and the family reached a settlement. We funded the case through court and secured a legally binding agreement with the school to ensure it ended the discriminatory policy and considered factors such as race and religion when determining what a ‘reasonable’ hairstyle was.
Legal issue
Is a school’s policy against pupils wearing ‘voluminous afro hairstyles’ discriminatory.
Background
Ruby Williams is mixed race and has naturally big, afro hair. She was repeatedly refused entry to Urswick School, or sent home, while in years 10 and 11 because the school had a policy which banned big afro hairstyles.
She was told to change her hairstyle to one consistent with the school’s uniform policy, which said that hair must be of ‘a reasonable size’.
Ruby tried numerous hairstyles to comply with the policy but many of these damaged her hair and were time-consuming and expensive.
Ruby developed signs of depression and felt anxious about going to school because of it all.
She worried she would be singled out by teachers in front of her classmates because of her appearance.
The school was sent letters from Ruby's GP and a clinical psychologist warning that she was suffering because of the policy.
Why we were involved
Race is a protected characteristic under the Equality Act 2010 and afro hair is inherently linked to race.
We were concerned that the policy was indirectly discriminatory because it put Ruby and other mixed race pupils at a particular disadvantage compared to white pupils, and the school could not show it was appropriate or necessary.
What we did
As part of a Legal Support Project we ran in 2017-2018 to tackle discrimination in education, we funded a race discrimination claim against the school on Ruby's behalf.
We then followed up with the school by securing a legally binding agreement, which meant the school removed any reference to volume in its hair-style policy. It also drafted a ‘Policy Equality statement’ to accompany the hairstyle policy so that factors such as race and religion would be factored into determining what a ‘reasonable’ hairstyle was.
What happened
The school failed to file a defence to the claim and the London County Court therefore issued a default judgment in Ruby’s favour.
After years of delays with her case, Ruby and her family decided to settle out of court.
We followed up with the school by securing a legally binding agreement, which meant the school developed a new hair-style policy which could take account of factors such as race when deciding if a hair-style was appropriate.
Who will benefit and how
Urswick School has nearly 900 pupils. By working with us to establish a non-discriminatory policy, the school has taken steps to protect other children from being treated in the way that Ruby was.
By supporting this case and bringing the issue to the fore through the press, parents and children will be more aware that Race is a protected characteristic under the Equality Act 2010 and that any discriminatory treatment can and should be challenged. We have also provided support to Urswick school develop a new hair-style policy.
Young people have set up a campaign to fight discrimination over hair styles called the Halo Collective LINK. They explain their mission:
We are the Black hair revolution
We are an alliance of organisations and individuals working to create a future without hair discrimination, founded by young Black organisers from The Advocacy Academy.
Race-based hair discrimination has been illegal in the UK since the the Equalities Act became law in 2010, and yet it still happens all the time.
For too long, Black people have been told that our hair textures and hairstyles are inappropriate, unattractive, and unprofessional. We’ve been suspended from school, held back in our careers, and made to feel inferior by racist policies and attitudes.
Together, we are fighting for the protection and celebration of Black hair and hairstyles.
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