Guide to the right of withdrawal and challenging collective worship

Guide to the right of withdrawal and challenging collective worship

How to withdraw your child from collective worship

Parents across the UK have the right to withdraw their child from collective worship in schools. They do not have to give a reason to the school.

The parental right to withdraw a child should be freely exercisable and the school must give effect to any such request.

In November 2019 parents successfully challenged their school's academy trust over a lack of a meaningful alternative for children withdrawn from collective worship. The out of court settlement reached between the school and the parents (and approved by the Department for Education) doesn't provide a legal precedent, but it does strongly indicate how human rights arguments will progress in future, if schools do not provide a meaningful alternative to worship.

Parents are now have a firmer basis for persuading schools to make assemblies inclusive or provide an inclusive alternative for pupils withdrawn from worship. In some cases, failure to make such accommodations may result in legal action.

Many parents are reluctant to separate their child from classmates. Also, while schools are supposed to keep worship separate from other elements of assembly, many schools fail to do this, and parents may not wish for their child to miss the entire assembly.

The guidance below is intended to help you challenge inappropriate worship and a lack of a meaningful alternative.

  1. Get your information straight
    Find out what your school's collective worship policy is and how it works in practice. If you can, speak to other parents who might be concerned and ask for a record of collective worship assemblies over the last term. If it is a new academy, they should have had to set out how they will provide a meaningful alternative.

  2. Decide on your aims
    There are broadly two possible aims that you might have:
    (1) for the school to make assemblies more inclusive so that you don't need to withdraw; or:
    (2) for the school to provide a meaningful alternative so that your children can be withdrawn without suffering detriment.

    For example, many schools interpret the legal requirement to simply conduct inclusive, ethical assemblies with a moment of silence at the end where pupils are invited to pray or reflect on what's been discussed rather than being led or directed in worship.

  3. Write to the school
    Send a polite constructive letter to the school setting out your concerns and the accommodations you think are reasonable. Ask for a meeting with the headteacher to discuss these. We have a template letter below you can adapt for your use. Remember you are under no obligation to provide a reason for requesting the right to withdraw or to discuss your personal beliefs.

  4. Get written confirmation
    Whatever the school agree, ask them to confirm this in writing this will help keep things clear. If their decision is to reject any changes, then ask them to confirm this in writing and set out the legal reasoning for their decision.

  5. Next steps
    Hopefully, the school will have accommodated your reasonable request, in which case your next steps will simply be to monitor the situation - and let us know so we can share this positive example.

If the school are unable or unwilling to consider changes, you will likely have to escalate your complaint to the next level. This would be a good time to get back in touch with the NSS for further support.

If you believe that the school has breached your rights by failing to accommodate or consider your request, you would have to act on this within three months.

Template letter

We recommend tailoring this letter to your specific school circumstances:

Dear [HEADTEACHER]

I am writing to object to the current practice of worship at [SCHOOL NAME].

[You may wish to expand on this. What is your primary objection to the school's current worship policy/practice?]

My preference would be for [SCHOOL NAME] to follow the well-established and widely supported practice in many schools of holding inclusive, ethical assemblies with a moment of reflection, where pupils may choose to pray or reflect on the themes if they wish. Many schools interpret this to fulfil their collective worship requirement. There are a very wide range of resources available for such assemblies to ensure they make an outstanding contribution to their SMSC development for pupils of all backgrounds and beliefs.

If you are unable or unwilling to follow such practice, then I have no choice but to request that [CHILD(ren)'S NAME(s)] is/are withdraw from all worship, without detriment, as is my right.

I request that the school take the following reasonable steps to ensure a meaningful alternative:

  1. Provide an age appropriate alternative, supervised activity of equal educational worth to that claimed by collective worship.
  2. Ensure other aspects of school assemblies (including notices, announcements, other educational elements and celebrations) are clearly separated from worship so that withdrawn pupils do not miss out.
  3. Clearly inform parents in advance of which assemblies collective worship will be taking place in, who will be leading it and if practical the topic or theme.
  4. Clearly publicises and informs parents of the collective worship and (alternatives for withdraw pupils) policy.

I believe that these steps are in represent best practice and are necessary to ensure that [CHILD(ren)'S NAME(s)] do/doesn't suffer any detriment and to respect their and my freedom of belief. These arrangements are in line with the agreement reached by the Oxford Diocesan Schools Trust, in 2019, with the approval of the Department for education, following a High Court challenge over their lack of provision for children withdrawn from collective worship.

I would appreciate a meeting to discuss this matter with you further.

Kind regards,

[YOUR NAME]

If you experience any difficulty or obstruction in exercising your right of withdrawal, or have any specific concerns about collective worship in a particular school, we would like to hear from you.

The law on the right of withdrawal

Some teachers are unfamiliar with the law regarding the right of withdrawal. Here's where the right of withdrawal can be found in law.

England and Wales

Parents have the statutory right under Section 71 of the School Standards and Framework Act 1998 to withdraw their children from acts of collective worship at all maintained schools, including faith schools.

There is some 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."

Sixth-form pupils at mainstream schools and maintained special schools are able withdraw themselves from collective worship, without the need for a parent's permission. Section 55 of the Education and Inspections Act 2006 amended section 71 of the School Standards and Framework Act 1998 to ensure the right of sixth-form pupils to be excused from attendance at religious worship if they request so.

Northern Ireland

Under article 21(5) of the Education and Libraries (NI) order 1986, parents have the right to withdraw their child from all or part of collective worship and/or RE lessons.

Schools are unfortunately not obliged to provide a meaningful alternative to collective worship for children who are withdrawn, leading to children being asked to simply sit in classrooms or corridors with nothing to do – or even remain in the room but not participate.

In 2022 the High Court of Northern Ireland found the current arrangements for collective worship and religious education breach the European Convention on Human Rights, because the right of withdrawal is not sufficient to protect parents' and children's rights to freedom of religion or belief. The court found the right of withdrawal can run the risk of stigmatising children.

Scotland

The law is covered in the Education (Scotland) Act 1980. The Scottish Executive's policy on the provision of religious observance in Scottish schools in contained in Circular 1/2005. Also relevant is the Scottish Executive's 2011 letter to the headteachers of all schools which includes reminding them of the right to withdraw and schools' responsibility to facilitate this.

On the subject Citizens Advice (Scotland) notes:

"If you do withdraw your child from religious observation or education, the school must make suitable arrangements for your child to take part in a worthwhile alternative activity. In no circumstances should a child be disadvantaged as a result of withdrawing from religious observation or education."

Isle of Man

The Isle of Man Education Act 2001 (Chapter 33, Section 14) provides for the right for parents to withdraw their children in whole or in part from religious education and worship, without detriment.