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Education secretary made 'error of law' on new religious studies GCSE – high court Education secretary made ‘error of law’ on new religious studies GCSE – high court
(about 5 hours later)
The education secretary made “an error of law” when she left “non-religious world views” out of the new religious studies GCSE, the high court has ruled. Parents challenging the government’s new religious studies GCSE, which they say relegates non-religious worldviews, have welcomed a high court ruling in their favour.
The ruling was a victory for three families, supported by the British Humanist Association, who claimed Nicky Morgan had taken a “skewed” approach and was failing to reflect in schools the pluralistic nature of the UK. Mr Justice Warby said the education secretary, Nicky Morgan, had erred in asserting that the GCSE, due to come into effect in September next year, would “fulfil the entirety of the state’s RE [religious education] duties”.
Allowing their application for judicial review, Mr Justice Warby, sitting in London, ruled there had been “a breach of the duty to take care that information or knowledge included in the curriculum is conveyed in a pluralistic manner”. That assertion was, he said, in breach of the government’s duty to ensure that the wider school curriculum ensured knowledge was conveyed “in a pluralistic manner”, and information was given about atheism and other non-religious viewpoints.
Changes to RS GCSE subject content were announced last February, leading to complaints over the priority given to religious views – in particular Buddhism, Christianity, Catholic Christianity, Hinduism, Islam, Judaism and Sikhism. Related: The Guardian view on religious education in schools: don’t trash it, transform it | Editorial
The ruling was a victory for three families, supported by the British Humanist Association (BHA), who claimed Morgan had taken a skewed approach and was failing to reflect in schools the pluralistic nature of the UK.
A Department for Education spokesman said: “Our new RS GCSE ensures pupils understand the diversity of religious beliefs in Great Britain through the study of more than one religion, an important part of our drive to tackle segregation and ensure pupils are properly prepared for life in modern Britain. Kate Bielby, of Frome in Somerset, one of the parents who brought the action, said: “My daughter and I are delighted by today’s decision and the clear statement that it makes in support of equality of religion and belief. It is long past time that the beliefs of the non-religious were treated on an equal footing with religions in the school curriculum.”
“Today’s judgment does not challenge the content or structure of that new GCSE and the judge has been clear it is in no way unlawful. His decision will also not affect the current teaching of the RS GCSE in classrooms. According to the BHA, while the government will not be immediately compelled to change the GSCE, religious education syllabuses around the country will now have to include non-religious worldviews such as humanism on an equal footing.
“We will carefully consider the judgment before deciding on our next steps.” The BHA chief executive, Andrew Copson, said: “This is a stunning victory for the three humanist families who stood up to the government on this issue. It is also a victory for the vast majority of people who believe in the importance of a religious education curriculum that is inclusive, balanced, and pluralistic, and which contributes to mutual understanding between people of all religions and none.”
Allowing the parents’ application for judicial review, Warby, sitting in London, said: “It is not of itself unlawful to permit an RS GCSE to be created which is wholly devoted to the study of religion.”
But the RS GCSE changes, announced in February, had included the assertion that the new GCSE “will fulfil the entirety of the state’s RE duties” and schools would interpret this to mean non-religious views need not be included in teaching.
“The assertion thus represents a breach of the duty to take care that information or knowledge included in the curriculum is conveyed in a pluralistic manner.”
A Department for Education spokesman said: “Our new RS GCSE ensures pupils understand the diversity of religious beliefs in Great Britain through the study of more than one religion – an important part of our drive to tackle segregation and ensure pupils are properly prepared for life in modern Britain.
“Today’s judgment does not challenge the content or structure of that new GCSE and the judge has been clear it is in no way unlawful. His decision will also not affect the current teaching of the RS GCSE in classrooms. We will carefully consider the judgment before deciding on our next steps.”
When details of the new RS course were published, 28 religious leaders, including the former archbishop of Canterbury Rowan Williams, wrote to the DfE urging the government to rethink the curriculum and include the study of humanism.
The new syllabus requires in-depth study of two faiths – choosing from Buddhism, Christianity, Catholic Christianity, Islam, Hinduism, Judaism and Sikhism – which makes up half of the new GCSE. The rest of the course is based on the study of philosophy and ethics, which the government says can include humanism and other non-religious viewpoints.