The full Islamic face veil is actually worn by very few UK students in school but a case brought to the High Court by a Muslim family in February this year, highlights the difficulties found by some teachers in dealing with this form of religious dress in the classroom. The head teacher involved in the case justified her position thus, “As a girl’s school for over 100 years, we are very conscious of our duty to educate girls to regard themselves as equals to men and to gain the self-confidence to live and work in British and international society on the same level as men,” she said. She also claimed it made it difficult for teachers to tell whether a child was paying attention, was following a lesson, or was in distress.

In addition, she highlighted the problem of recognition. “If a stranger is on site, then it is simple to approach and ask them their business. However, if pupils wear the niqab, then identifying those on site becomes difficult and it would not be beyond the realms of possibility for an unwelcome person wishing to move incognito to wear a niqab herself,” the head teacher added.

A similar case was brought to the courts a year ago by Shabina Begum who initially won her case in the Court of Appeal who found that Denbigh High School in Luton had denied her “right to manifest her religion in refusing to allow her to wear a jilbab”. The school then appealed this decision and won its appeal at the House of Lords, which said it had "taken immense pains to devise a uniform policy which respected Muslim beliefs".

The DfES stresses that its guidance paper recommends teachers take into consideration students’ religious requirements to wear items such as turbans in class and it does not appear to want to stop girls from wearing the headscarf. The policy will now be put out to consultation and it is for head teachers to consult widely among parents before introducing the policy. Teachers will now have to judge whether the ability to see a child’s face is necessary for them to teach effectively and safely.

Many in the teaching profession will perhaps wish that the government had taken a clearer stance on the issue, in the same way as France. President Jacques Chirac signed a law on March 15 2004 banning secularity and conspicuous religious symbols in schools. The law does not mention any particular symbol, though it is considered by many to specifically target the wearing of headscarves (a khimar, considered by some to be required as part of hijab ("modesty") by Muslim schoolgirls). For this reason, it is occasionally referred to as the French headscarf ban in the foreign press.

The French ban caused an outcry at the time with protests around the world but appears to have now bedded in without too much trouble. The UK position is much more flexible and puts the onus onto the particular schools. The Muslim Council of Britain, which last month also published its guidance for schools with Muslim pupils, has welcomed this emphasis.

Tahir Alam, Chairman of the Muslim Council’s education committee said leaving the decision to individual schools would mean the policy should reflect the needs of the majority of pupils. But he did point out, “My only criticism of the guidance is that the issue about wearing the niqab affects only a handful of pupils. I think there are only about 10 pupils who wear the niqab in full in schools.”

But Massoud Shadjareh was not so keen on the new guidelines and wishes the government would not continue to interfere in these matters. “Successive ministers dealing with education issues have failed to give proper guidance when requested by human rights campaigners about schools’ obligations regarding religious dress, including the headscarf. To now proceed to issue guidance against Muslim communities is simply shocking,” he said.

It is not the first time the government has been accused of promoting Islamophobia. Last October, Commons Leader Jack Straw caused outrage in some quarters when he wrote, “wearing the full veil is bound to make better, positive relations between the two communities difficult. He claimed that when the veil was removed he was better able to “see what the other person means not just hear what they say.”

His comments resulted in protests from some quarters of the Muslim community. But some other European countries have gone a lot further in their approach to Muslim dress. Holland is set to become the first country in Europe to ban the burqa after the government announced plans to introduce legislation outlawing the head-to-toe Islamic garment at the end of last year.

But the issue of religious symbols in UK schools continues to cause upset and indignation. And it is not only the Muslim religion that comes under fire. In January this year a school caused outrage when it demanded that a devout Catholic schoolgirl remove her cross necklace because it posed a health and safety risk. The furious family pointed out that the school – Robert Napier in Gillingham in Kent allowed Sikh students to wear turbans and bangles and Muslim students to wear headscarves.

And the issue also affects the teaching community. In November 2006, Aishah Azmi, lost her job as a teaching assistant for refusing to remove her veil in school. She then lost her employment tribunal case against the Headfield Church of England junior school in Dewsbury, West Yorkshire. Although these issues only affect a relatively small number of students and teachers, it is clear that the way schools and the courts react to these cases could have a wider implication. Should compensation be awarded, it seems likely that more appeals will be sought.

Should dispensations be allowed for certain types of religious dress, then it becomes more difficult to justify the banning of others. By saying yes to one devout student, there is a risk of creating a trend that will be adopted by many more. Once again the pressure will come to bear on teaching staff and head teachers who surely have enough to deal with on a day-to-day basis.

Glossary:

Niqab: A niqab is a veil, which covers the face, worn by some Muslim women as a part of sartorial hijab It is popular in the Arab countries of the Persian Gulf but it can also be found in North Africa, Southeast Asia and the Indian subcontinent.

Hijab: In some Arabic-speaking countries and Western countries, the word hijab primarily refers to women's head and body covering, but in Islamic scholarship, hijab is given the wider meaning of modesty, privacy, and morality

Burka: A burqa (also burkha, burka or burqua) is an all-enveloping outer garment worn by most women in Afghanistan, and many in India and Pakistan. It is worn over the usual daily clothing (often a long dress or a salwar kameez) and removed when the woman returns to the sanctuary of the household.

Khimar: generally, a one piece hijab. Typically refers to a longer garment (elbow-length or longer) that fits snugly around the face. Some require an underscarf to ensure forehead coverage. Worn by women who want more coverage.

Jilbab: a woman's long, loose outer-garment.

Salwar kameez: (also spelled shalwar kameez and shalwar qamiz) is a traditional dress worn by both women and men in Afghanistan, Bangladesh, India and Pakistan. It is also known as Punjabi suit. Salwars or shalwars are loose pajama-like trousers. The legs are wide at the top, and narrow at the bottom. The kameez is a long shirt or tunic. The side seams (known as the chaak) are left open below the waist-line, which gives the wearer greater freedom of movement.

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