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.