RE is a statutory part of the basic curriculum. It is the only statutory subject that is not part of the National Curriculum.
In all state-funded schools in England without a religious character, as well as voluntary controlled and foundation faith schools, the RE curriculum must not be taught from a faith-based perspective, although it must reflect "the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain."
Parents have a right of withdrawal from RE but pupils do not.
Community schools, voluntary controlled faith schools and foundation faith schools
Community schools, voluntary controlled (VC) faith schools and foundation faith schools follow a locally agreed syllabus for RE set every five years by a local Agreed Syllabus Conference (ASC), which is overseen by a Standing Advisory Council on Religious Education, or SACRE. See below for more information on ASCs and SACREs.
The same applies to academies which are former VC or foundation faith schools.
The High Court decision in R (on the Application of Bowen) v Kent County Council in 2023 confirmed that the agreed syllabus must include non-religious worldviews.
Academies and free schools without a religious character
RE must be non-confessional and neutral, and is set by governors. Although there is no requirement to do so, many schools choose the syllabus set by the ASC.
Voluntary aided faith schools
In voluntary aided (VA) faith schools the syllabus is set by the school's governing body, in accordance with the tenets of the faith of the school. This means VA faith schools are permitted to teach RE from a selective, exclusive or confessional viewpoint, more analogous to religious instruction than education.
However, parents can request that the RE syllabus set by the ASC is used for their children instead.
Academies and free schools with a religious character
At new academies and free schools with a designated religious character, RE is set by the governors in accordance with the tenets of the faith of the school. However, parents can request that the RE syllabus set by the ASC is used for their children instead.
Independent schools
Schools are not required to teach RE, and those which do may teach it in any way they like. They must however teach RE in compliance with the requirement to promote fundamental British values.
All state-funded schools in Northern Ireland must teach RE according to the NI core syllabus. This syllabus was set by the four main Christian churches in NI (Catholic, Presbyterian, Church of Ireland and Methodist) and is almost entirely based on Christian scripture.
At Key Stage 3, pupils must also study two other world religions.
In 2022, the NI High Court ruled that way in which RE is taught, as well as NI's collective worship laws, breach human rights law because it is not sufficiently "objective, critical and pluralistic." The Department of Education is appealing, but if this fails the RE curriculum will need to be amended to be more inclusive of other religions and belief.
In Catholic schools, RE teachers must have the Certificate in Religious Education, which is approved by Catholic bishops and the Council for Catholic Maintained Schools. This makes RE positions in Catholic schools biased towards Catholics.
Parents have a right to withdraw their children from RE at state-funded schools.
Independent schools may teach any form of RE they like, and they do not have to teach RE at all. Where RE is taught, there is no right of withdrawal.
Religious education is included in Scotland's Curriculum for Excellence as the Education (Scotland) 1980 imposes a statutory duty to provide for all pupils attending primary and secondary schools, including those in S5 and S6.
In non-denominational schools, the subject is called religious and moral education (RME). At Catholic denominational schools, it is known as religious education (RE).
Parents have a right to withdraw their children from RME or RE at all state-funded schools.
Independent schools in Scotland do not have to follow the Curriculum for Excellence. However, guidance from the Scottish Government says independent schools should deliver "a broad and balanced curriculum" which covers religious and moral education.
RME at non-denominational schools
RME at non-denominational schools must include the study of Christianity as it has "shaped the history and traditions of Scotland and continues to exert an influence on national life". But other "world religions" should also be included. Guidance says RME teachers should "sensitively take account of and values the religious and cultural diversity within their own local communities".
RE at denominational Catholic schools
The vast majority of denominational schools in Scotland are Catholic.
In Catholic school, the Catholic Education Commission sets out the RE curriculum on behalf of the Bishops' Conference of Scotland.
The RE curriculum in Catholic schools is explicitly evangelistic and biased. Guidance from the Scottish government says: "Religious education in the Catholic school considers the significance of faith from the perspective of the life of the person and of the faith community. It does not study religion as a phenomenon from an external perspective".
The National Secular Society played an important role in the Welsh Government's recent decision to replace Religious Education with the teaching of Religion, Values & Ethics (RVE), which has a more a more pluralistic and balanced curriculum.
RVE is a statutory requirement under the Curriculum and Assessment (Wales) Act 2021 and is mandatory for all learners from ages 3 to 16 in state-funded schools. As in England, it is a locally determined subject. Each local authority has a legal duty to convene an Agreed Syllabus Conference to review the RVE syllabus and to recommend an appropriate syllabus to the local authority for it to adopt.
The change of name reflects the expanded scope of religious education (RVE) and ensures the legislation itself is clear that RVE includes non-religious philosophical views.
This applies to community schools, foundation schools and voluntary controlled (VC) schools. However, foundation and VC faith schools must also include provision for RVE which accords with the school's trust deed, or the tenets of its religion, for parents who request it.
Voluntary aided schools faith schools must provide an RVE curriculum that accords with the school's trust deed or religious tenets. But if this doesn't accord with the agreed syllabus, they must also include provision with RVE that does follow this syllabus for parents who request it.
In practice this may mean faith schools have two forms of RVE: denominational RVE and non-denominational RVE, designed in accordance with the agreed syllabus).
The law no longer requires post 16 pupils to study RVE. However, schools can still impose a requirement that all learners in its sixth form undertake compulsory RVE classes, including denominational RVE.
There is no right of withdrawal from RVE.
RVE must "reflect the fact that the religious traditions in Wales are in the main Christian while taking account of the teaching and practices of other principal religions represented in Wales". The law also makes it explicit that any agreed syllabus for RVE must reflect both religious beliefs and also non-religious beliefs which are philosophical convictions. These include beliefs such as humanism, atheism and secularism.
Although we recognise that RVE offers a more a more pluralistic and balanced curriculum, concerns remain. Many pupils attending faith schools continue to be denied an objective, critical and pluralistic education. The subject also perpetuates existing problems regarding the heavy influence of religious interest groups over the subject in all schools. New problems have also been created – not least with the introduction of a divisive dual system of teaching RVE in faith schools and the removal of the parental right to withdraw.
Independent schools may teach religious education however they like, if at all.
Religious education is the only compulsory subject in England and Wales which is locally determined. It is largely shaped by religious groups.
In England, every local authority is statutorily obliged to appoint a Standing Advisory Council on Religious Education (SACRE). SACREs are responsible for advising local authorities on RE and collective worship.
Local Education Authorities were given the power to set up SACRES under the Education Act 1944, and this became compulsory under the Education Reform Act 1988.
Today, the RE syllabus for each local authority is produced by its Agreed Syllabus Conference (ASC) which is a separate legal entity from the SACRE, but is made up of the same four committees (and often the same people). The agreed syllabus is reviewed every five years.
Every SACRE must have four committees:
Committee A is made up of representatives of Christian denominations and other religions, reflecting the principal religious traditions of the area;
Committee B comprises the Church of England representatives;
Committee C is the teacher representatives (teacher associations);
Committee D consists of local authority (LA) representatives.
The High Court decision in R (on the Application of Bowen) v Kent County Council in 2023 confirmed that the agreed syllabus must include non-religious worldviews. It also confirmed that humanists cannot be barred from Committee A.
The content of RVE in Wales is also agreed by ASCs, organised into three groups: representatives of religions and beliefs, teachers, and the local authority. They are overseen by Standing Advisory Councils (SACs), which are composed similarly to ASCs.
We advocate comprehensive non-partisan reform of religion and belief education and an end to compulsory worship in schools, so no one has to withdraw from any part of the school day.
However, successive governments' reluctance to end compulsory worship or to make meaningful RE reforms mean that changes may take some time. Parents and pupils may therefore want to consider the option of withdrawal.
If you have concerns about RE at your school please don't be afraid to raise them. Concerns being addressed without the need to withdraw could be more impactful.
If you experience any difficulty or obstruction in exercising your right of withdrawal, or have any specific concerns about RE in a particular school, we would like to hear from you.
England
Parents have the statutory right under Section 71 of the School Standards and Framework Act 1998 to withdraw their children from RE lessons (and acts of collective worship) at all state-funded schools, including faith schools. Parents are not obliged to give a reason for requesting withdrawal.
The parental right to withdraw a child should be freely exercisable and the school must give effect to any such request.
Currently, very few parents exercise the right of withdrawal. Many parents are reluctant to separate their child from classmates.
Schools should ensure that parents who want to withdraw their children from religious education are aware of the religious education syllabus and that it is relevant to all pupils and respects their own personal beliefs. They should be given the opportunity to discuss this, if they wish. The school may also wish to review such a request each year, in discussion with the parents.
The right of withdrawal does not extend to other areas of the curriculum when, as may happen on occasion, spontaneous questions on religious matters are raised by pupils or there are issues related to religion that arise in other subjects such as history or citizenship.
It is possible to withdraw your child from selected aspects of RE only, if this is preferable.
At schools without a religious character, RE must be entirely non-confessional and taught in a balanced, objective manner. If your child's school is failing in this regard, it may be best to email them reminding them of their legal duties before exercising the right of withdrawal.
It is the responsibility of the school to supervise children who are withdrawn from religious education, although they are not required to provide alternative activities. They are not expected to incur additional costs through providing supervision for the child. There is specific guidance for academies in the DfE's Free school application guide which states: "Your school must provide a meaningful alternative for pupils whose parents wish to withdraw them from RE, collective worship or other faith-related studies."
It should be noted that at VA schools, academies and free schools with a religious designation, parents have the right to request their child be taught RE according to the ASC agreed syllabus, which tends to be more balanced and less confessional.
Northern Ireland
Parents have the right to withdraw children from RE at all state-funded schools.
The High Court judgement in 2022 noted that the right of withdrawal is not sufficient in protecting freedom of religion or belief of children. It noted that parents may be deterred from using this right, and that children may be stigmatised for not participating with their peers.
It is possible to withdraw your child from selected aspects of RE only, if this is preferable.
Scotland
The law is covered under Section 9 of the Education (Scotland) Act 1980, which gives parents the right to withdraw children from RME/RE. In no circumstances should a pupil be disadvantaged from being withdrawn from the subject.
The Scottish government has acknowledged that at Catholic schools, the ethos and practice is "imbued with religious faith and it is therefore more difficult to extricate a pupil from all experiences which are influenced by the school's faith character". This may mean that parents cannot fully realise their right of withdrawal at denominational schools.
Wales
The right of withdrawal is being phased out in Wales with the implementation of RVE.
There is now no parental right to withdraw from RVE in respect of all learners up to and including year 6.
For secondary schools and settings that do not opt in to the Curriculum for Wales in respect of year 7 in September 2022, the right to withdraw will remain for year 7 learners in the 2022 to 2023 academic year but will cease to exist for their year 7 and 8 learners in the 2023 to 2024 academic year.
From September 2023, there will be no right to withdraw in respect of years 7 and 8 as all schools will have implemented the Curriculum for Wales for those learners. Thereafter, the phased roll-out of the Curriculum for Wales will continue, and the right to withdraw will be removed for:
- year 9 learners in September 2024
- year 10 learners in September 2025
- year 11 learners in September 2026
In England, RE in VC schools and schools without a religious character is inspected by Ofsted.
But in most kinds of faith schools, RE is inspected by their sponsoring religious group to ensure that their worship, religious education and overall approach promotes a rigorous religious ethos.
Similarly, in Wales RVE at VA and Foundation faith schools is inspected by a body selected by the governors, not the inspectorate Estyn.
These publicly funded 'religiosity inspections' are required by law in England and in Wales through Sections 48 and 50 of the Education Act 2005. They are funded with public money.
Our 2020 report into religiosity inspections found these religiosity inspections cost taxpayer over three-quarters of a million pounds a year.
They also conflate religiosity with virtue, presenting widely shared moral values as being rooted in specific religions.And they explicitly promote religious organisations' theological approach to religious education and collective worship.
They can also place a significant stress on teachers and senior leaders in faith schools. In addition to preparing for the usual inspections, they must prepare for an additional regime with often conflicting standards and aims.
In Northern Ireland, Christian clergy are responsible for inspecting RE. Section 23 of the 1986 Education Order states that the Department of Education should not inspect religious instruction unless specifically called upon to do so by a school's board of governors. However, few clergy actually undertake inspection.
RE is not a popular subject with the public:
- 58% of Brits consider it not very important (31%) or not at all important (27%) to teach Religious Studies at secondary school
- Over a quarter (28%) of those surveyed name RE the least useful subject. Twenty-six per cent said they would remove it from the school curriculum.
Even in schools, RE is rarely prioritised. 34% of academies in England do not include RE on the school timetable.
