Home

Law

Religious Education - legal requirements
Collective Worship - legal requirements

Key documents relating to Religious Education are:

The 1988 Education Reform Act

The School Standards and Framework Act 1998

DfES Circular 1/94 (Part 1, Part 2, Part 3)
You will need Adobe Acrobat to down load these documents

Get Adobe Reader logoClick on the logo to get Adobe Acrobat Reader (you may have it already!)

Government Aims

The Education Reform Act 1988 sets out the central aims for the school curriculum.

These are:

bulletto promote the spiritual, moral, cultural, mental and physical development of pupils
bulletto prepare pupils for the opportunities, responsibilities and experiences of adult life

Religious Education makes an important, although not exclusive, contribution to these key aspects of the curriculum

Religious Education

Legal Requirements

The Education Reform Act (1988) prescribes for all schools a Basic Curriculum, comprising Religious Education and the National Curriculum.

All registered pupils at a school, including sixth forms, are entitled to receive Religious Education [Section 2 (1) (a)].

In Sixth Form Colleges, the governors must ensure the Religious Education is provided on a regular basis for all who wish to receive it [1992 Further and Higher Education Act, Section 45]

In County Schools RE must be non-denominational and taught in accordance with the LEA's Agreed Syllabus [Section 26 of 1944 Act]. In Voluntary Controlled Schools, the Agreed Syllabus will be taught, except where parents have requested denominational teaching [Section 27 of 1944 Act].

Any new Agreed Syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain [Section 8 (3)].

All LEAs are required to establish a Standing Advisory Council on Religious Education (SACRE). The Council has the duty of advising the LEA on such aspects of Religious Education as methods of teaching, choice of materials and the provision of training for teachers. It may also require a review of an Agreed Syllabus [Section 11 (4)].

The 1993 Education Act amended schedule 5 of the 1944 Act to require that every LEA institute a review of its locally agreed syllabus within five years of the last review, and subsequently every five years after the completion of each further review.

Parents retain the right to withdraw their children from Religious Education [Section 9 (3)].

A headteacher is required under the Education (Individual Pupils' Achievements) (Information) Regulations 1992 to send parents an annual written report on their child's progress. Unless a pupil has been withdrawn from RE, reports must contain details of the pupil's progress in RE.

Collective Worship

Legal requirements

The Education Act 1988 introduced new requirements for collective worship in maintained schools and amended or re-enacted requirements of the Education Act 1944.

Provision of a daily act of collective worship for all pupils remains a requirement. In County schools this must not be distinctive of a particular denomination.

Parents have the right to withdraw their children from this provision, and  teachers have the right not to participate in collective worship without penalty to career opportunities.

Daily collective worship may include separate gatherings in groups in which pupils are organised for other school activities (eg.year groups, house groups, tutor groups). This would exclude, without the special approval of SACRE (Standing Advisory Council on Religious Education), separate faith groups. Acts of worship may be held at any time during the school day.

Acts of collective worship should be "wholly or mainly of a broadly Christian character" for most of the time.

Schools may seek formal exemption from this requirement in favour of an alternative form of worship for the whole school or for a particular group of pupils by contacting SACRE.

Summary of principal provisions:

i) All pupils in attendance at a maintained school [including those above compulsory school age, but excluding special schools] shall on each school day take part in an act of collective worship [6 (1)].

ii) In Sixth Form Colleges the governors should ensure that on at least one day in each week an act of collective worship is held which students may attend. In addition to broadly Christian acts of worship, governors may provide acts of worship which reflect the practices of some or all of the religious traditions represented in Great Britain [1992 Further and Higher Education Act, Section 44].

iii) So far as practicable, all pupils in special schools should attend religious worship [1981 Act, 12 (4)].

iv) Arrangements may, in respect of each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups [6 (2)].

v) Arrangements shall be made-

a) in the case of a County school, by the headteacher after consultation with the governing body;

b) in the case of a voluntary school, by the governing body after consultation with the headteacher [6 (3)].

The right of headteachers not to participate in collective worship is safeguarded [1944 Act, 30]; heads do have a statutory duty, however, to secure appropriate arrangements for their pupils [1988 Act, 10 (1)].

vi) Collective worship shall take place on school premises, although in Aided schools exceptions may be made on special occasions [6 (4)(5)(6)]. County and Controlled schools may hold acts of worship off the school premises only if they are in addition to the daily statutory act of worship in school.

vii) For County schools, collective worship must be wholly or mainly of a broadly Christian character, reflecting the broad traditions of Christian belief without being distinctive of any particular Christian denomination. It is not necessary that every act of worship complies with this requirement, provided that, taking any school term as a whole, most such acts do comply [7 (1)(2)(3)].

viii) In determining the character and organisation of collective worship in relation to these principles, heads will need to take account of the family backgrounds, as well as the ages and aptitudes, of their pupils [7 (4)(5)].

Comment: In other words, schools will be expected to adopt a proper educational approach to worship, and not to assume a uniform level of understanding and commitment.

ix) Worship distinctive of any denomination (Christian or other religion) is not normally permitted on school premises. Parents may, however, request facilities for worship in accordance with the tenets of a denomination, and reasonable steps should be taken to accommodate such requests provided that no additional costs fall upon the authority [1944 Act, 26]. Pupils may be withdrawn from school for alternative worship only at the beginning or end of any school session [1988 Act, 9 (6)].

x) Worship distinctive of a faith or religion other than Christianity may be permitted in school, for all or part of the week, for large or small groups of pupils, but only if approval is given by SACRE on receipt of a written request from the headteacher, after consulting the governing body. Such requests should set out proposed alternative arrangements and relevant circumstances relating to the family background of the pupils concerned. Any determination by SACRE must be reviewed after five years, or earlier if requested by the school [7 (6); 12].

xi) Schools should ensure that relevant information is available to parents regarding arrangements for collective worship and rights of withdrawal.

This page last updated 20 December 2005


Questions or problems regarding this web site should be directed to
heather.farr@staffordshire.gov.uk
Copyright © 2003 QLS Staffordshire County Council]