Statutory requirements and non-statutory guidance about RE
Primary legislation affecting RE is found in:
- The Education Act 1996, Section 375
- School Standards and Framework Act 1998 Schedule 19
- The Education Act 2002
The ways in which these are applied in the case of Academies and Free Schools are set out this guidance
The National Content Standard (itself a non-statutory document) contains a very useful and thorough summary of the legal framework.
Religious Education in English Schools: Non-statutory guidance, DCSF 2010:
Is the latest guidance relating to religious education and SACREs and interpretation of legislation.
In summary
The legal position is that all pupils in state maintained schools must be provided with RE. In many schools with a religious character (voluntary aided schools) RE can be taught in line with the religious character. In Local Authority schools (and voluntary controlled schools) the RE must be in accordance with the Agreed Syllabus. In Academies the RE must be in line with their trust deed.
The agreed syllabus
The locally agreed syllabus is a statutory syllabus of RE prepared under Schedule 31 to the Education Act 1996 and adopted by the LA under that schedule. It must be followed in LA maintained schools without a designated denomination. Once adopted by the LA, the agreed syllabus sets out what pupils should be taught and can include the expected standards of pupils’ performance at different stages.
Every locally agreed syllabus must reflect that the religious traditions of Great Britain are in the main Christian, while taking account of the teaching and practices of the other principal religions represented in Great Britain. The law does not define what the principal religions represented in Great Britain are. ASCs can decide which are the principal religions represented in Great Britain, other than Christianity, to be included in their agreed syllabus. Agreed syllabuses in any community school and any foundation, voluntary aided or voluntary-controlled school without a religious character cannot require RE to be provided by means of any catechism or formulary which is distinctive of a particular religious denomination. This prohibition does not extend to the study of catechisms and formularies.
The Department of Education have affirmed (January 2024) their advice written in 2019 about their expectations of state funded school with regard to RE and describing what SACREs can do if they discover a school is in breach of the legal requirement to provide pupils with their entitlement.
