Jo Hale, 14, who attends Whickham Comprehensive School in Gateshead, complains that the skirts she has to wear as part of her uniform are cold in winter and could stop her running in an emergency.

Her mother Claire, a professor of healthcare studies at Leeds University, first challenged the policy in the summer of 1997, but has had no success.

Earlier this year she said she intended to sue the school under the Sex Discrimination Act, on the grounds that the dress code is illegal because it puts one sex at a disadvantage.

The Equal Opportunities Commission agreed to fund Professor Hale's legal challenge, and a statutory two-month timescale, until the end of October, was put on the school responding or lifting the ban.

Cold legs

The deadline has now passed without any policy change by the school.

Under the Sex Discrimination Act, different dress codes for males and females are allowed but it is illegal if the dress code disadvantages them.

Prof Hale, 47, of Bensham, Gateshead, said: "I've yet to speak to someone who does not agree with me.

Peter Maughan said in the summer the dress code was part of the school's "ethos"

"It is sad that the girls are now going to have another winter with cold legs and I cannot understand the position of the governors.

"I have the support of the Equal Opportunities Commission which is backing us financially so I cannot see any reason why we should back down."

The school has now sent a response to the commission's request to lift the ban but said any potential legal action prevented it from commenting further.

School governor Peter Maughan said: "In view of the fact that Prof Hale seems intent on issuing court proceedings it is inappropriate to comment further."

The commission said it had received correspondence from the school and while still in the process of studying it confirmed it would continue backing Prof Hale throughout her case.