A MUSLIM teenager appealed to the High Court yesterday to compel her school to let her wear traditional religious dress in class.

The refusal of Denbigh High School in Luton to allow Shabina Begum, 15, to attend lessons in a jilbab, a long gown that leaves only the hands and face uncovered, was “a denial of her right to education and right to manifest her religious beliefs”, the court was told.

Ms Begum has been out of school since September 2002, having been sent home on the first day of term for wearing the jilbab. Yvonne Spencer, her solicitor-advocate, argued that the school had broken domestic law and the European Convention on Human Rights and that the ban amounted to “constructive exclusion”.

She said: “Her access to education was frustrated. It became impossible for her to enter the school unless she breached her religious beliefs.”

Denbigh, a 1,000-pupil comprehensive school where almost 80 per cent of pupils are Muslim, denies discrimination. It says Ms Begum is welcome to return provided she complies with uniform rules.

The school argues that it has a flexible uniform policy that takes account of all faiths and cultures and permits pupils to wear trousers, skirts or a salwar kameez, consisting of trousers and a tunic. But Ms Spencer told the court: “There is no lawful basis to keep her out of the school based on her wish not to comply with the uniform. The law prohibits an exclusion on that basis.”

The court was told that Ms Begum originally wore a salwar kameez to school, but her deepening interest in her faith caused her to adopt the loose, ankle-length jilbab as the correct dress “for a mature Islamic woman in public”. Unlike the jilbab, the salwar kameez did not cover arms and legs.

Her stance had been supported in her community. But the school told her to go home and change when she arrived for the new school year.

Ms Spencer said that the school had claimed that Ms Begum posed a health and safety risk in the jilbab. But she argued that there was “no lawful basis” for the head teacher to exclude her for this reason.

Ms Spencer read out a letter in court in which the school said: “The school has at all times permitted Shabina to attend school. It is Shabina who has chosen to absent herself because she is not prepared to wear the uniform.”

She said: “We do not accept that. The claimant has always wanted to attend Denbigh High School but she can’t because her devout belief is to wear a uniform that must accord with her interpretation of the Islamic dress code.”

Ms Spencer argued that the school’s action breached Ms Begum’s right under Article 9 of the European Convention “to manifest her religion or belief”. She also said that it breached a number of other articles in the convention: respect for private and family life, and the rights not to suffer discrimination or be denied education. Ms Begum had the support of a number of Islamic scholars and imans — two of whom had originally backed the school.

Ms Begum, who wants to become a doctor, is one of four children. She had been expected to gain good grades in seven GCSEs. She has been receiving some home tuition.

The judge refused Ms Spencer’s application for Luton Borough Council, the local education authority, to be included as defendants. Ms Spencer had argued that the authority had failed in its legal duty to provide Ms Begum with suitable education after she could no longer attend Denbigh.

Simon Birks, for the school and council, said there was a place available for Ms Begum at Denbigh. She had not been excluded but had chosen not to attend. Mr Justice Bennett reserved judgment and is expected to hand it down within the next few weeks.

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