- High Court upholds injunctions to prevent protests about LGBT+ curriculum outside a Birmingham primary school (Birmingham City Council v Afsar)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: This deals with Mr Justice Warby’s judgment in the much-publicised Birmingham primary school protest case. A group of parents/relatives of pupils of British Pakistani heritage objected to certain parts of the curriculum taught by the school in relation to homosexuality and different types of families. The families argued that the school, by teaching this content as part of its curriculum, was discriminating against them on the grounds of their religion (namely, Islam), and that Birmingham City Council’s claim for injunctions against the defendants to prevent them protesting outside the school, was contrary to the Equality Act 2010 and an unlawful violation of their rights of lawful assembly and freedom of expression. The High Court found that the council’s application pursued a legitimate aim and was a necessary and proportionate infringement on the rights of the defendants. This case analysis focuses on the competing rights of the protesters and the legislation relied upon by the council as justifying the grant of injunctive relief in such circumstances. Written by Hannah Lynch, barrister at St Pauls Chambers.
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