Teaching boys and girls separately does not amount to a breach of equality legislation - according to the High Court. 

The case arises out of a battle fought by an Islamic school to prevent the publication of an adverse Ofsted report (the school was rated inadequate) - part of which criticised the school about its policy of segregating pupils according to their sex. 

The court said there was no discrimination in segregating pupils. 

While the court accepted that there was detrimental treatment because of sex, the claim failed because both sexes were treated the same and so there was no less favourable treatment.

The school initially succeed in obtaining an injunction to prevent publication of the report. However, at a later hearing the court decided that the report could be published provided that Ofsted removed references to the school breaching the Equality Act 2010 by segregating pupils on grounds of sex. 

The decision shows just how difficult it can be to successfully prevent an Ofsted report from being published. The outcome of any appeal may of course prove to be a different story...