CCPR/C/58/Add.6 page 56
246. Under the Education Act 1980, a voluntary body of any religious persuasion which wishes to establish a new voluntary-aided school in England and Wales, whether or not the school already exists as an independent school, must seek the approval of the Secretary of State for Education and Science. Any such proposal must be discussed in the local education authority before it is published and submitted to the Department of Education and Science for consideration.
247. The Secretary of State considers all such proposals on their individual merits, taking into account a number of factors. He considers whether there is an overall need for extra maintained school places in the area, whether the proposed site and premises are satisfactory, whether they can meet the expenses which fall to them, and whether the teachers are suitably qualified. He will also need to be satisfied that the school will be able to deliver the national curriculum (this is provided for by the Education Reform Act 1988 and establishes three core subjects, namely, English, mathematics and science, and seven other foundation subjects, namely, history, geography, design and technology, art, music, physical education and, in secondary schools, a modern foreign language) and will provide equal educational opportunities for boys and girls. The same criteria are applied to all types of school, regardless of religious denomination.
Religious education in schools
248. The Education Reform Act 1988 (ERA) re-enacted the requirement that all maintained schools in England and Wales must provide religious education (RE) and daily collective worship for all pupils registered at the school. Parents have the right to withdraw their children wholly or partly from any RE and/or worship provided. The nature of the RE and worship to be provided depends upon whether the school is denominational or non-denominational. It is sometimes possible for alternative kinds of RE and worship to be provided on school premises. Where parents desire their children to receive RE of a kind not provided at the school, children may be withdrawn from the school to receive such RE elsewhere.
249. The Act introduced new requirements in respect of the nature of the collective worship to be provided at non-denominational ("county") schools. From September 1989, worship at these schools must be "wholly or mainly of a broadly Christian character". But where this requirement seems inappropriate for all or some pupils at a school, a local standing advisory council on religious education has the power to lift it, and allow schools to provide alternative worship.
250. The Act also requires that any new locally agreed syllabus for RE, which governs the RE provided in most schools, must "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".
251. The requirements in Scotland and Northern Ireland are broadly similar, while reflecting the different local circumstances. Religious education and collective worship must be provided for all pupils, except those withdrawn by their parents. In neither country are there any requirements on the content of collective worship, except that in controlled (State) schools in
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