Readers will no doubt recall the Supreme Court’s judgment in JR87, Re Application for Judicial Review [2025] UKSC 40, in which the Court upheld the judgment of Colton J at first instance that religious education and collective worship in the school of the anonymised child applicant were not conveyed in an objective, critical, and pluralistic manner, contrary to Article 9 and Article 2 of Protocol 1 ECHR; Russell Sandberg commented on it here.
The immediate response was for the Northern Ireland Government to commission a Review of RE and collective worship. In answer to a series of written questions in the Northern Ireland Assembly by Nick Mathison (Alliance) about progress (which I report without comment) Paul Givan (DUP), the Minister of Education, , said this:
1: On the Review, on retaining the legislative requirement for RE “to be taught according to the Holy Scriptures”, and on ensuring that RE does not present Christianity, three identical answers:
“The Supreme Court judgment made clear that the legislation itself does not prevent Religious Education (RE) being taught in an objective, critical and pluralistic manner, because schools are permitted, and now encouraged, to add broader material beyond the Core Syllabus.
The Court was, therefore, satisfied that the legislation did not compel a breach and indeed was explicit that ‘The School in teaching religious education was required to include the core syllabus, as specified by the Department, but it could have taught additional matters so that overall, the education could have been conveyed in an objective, critical, and pluralistic manner. Accordingly, it was possible for a school lawfully to teach religious education and to provide collective worship, and the legislation did not require the School to breach A2P1 or article 9 ECHR’
The Terms of Reference for the Review explicitly required the revised syllabus to ensure that RE in Northern Ireland is taught as an academic discipline, developing analytical and evaluative skills, and ensuring that pupils explore a range of religious and non-religious worldviews, and encourages engagement with questions of belief, ethics, identity and meaning, reflecting the diversity of contemporary society.”
2: On the new Religious Education curriculum drafting group:
“I have put in place a comprehensive and transparent process for revising the Religious Education (RE) Core Syllabus. My Department has launched an open expression‑of‑interest process, inviting applications from experienced practitioners across all schools in Northern Ireland. This open process is designed to attract a range of applicants from across school sectors, who can provide their subject knowledge and classroom experience to the drafting process. Applications will be assessed against the agreed essential criteria. Alongside this, there will be extensive wider engagement. The specific approach is a matter for the Review Chair, Professor Noel Purdy OBE, but engagement will include an open call for evidence, public surveys, and focus group discussions involving children, young people, parents, and a wide range of other stakeholders. The process will culminate in a full public consultation.”
“The approach to drafting the revised RE Core Syllabus and the wider engagement process is a matter for the drafting group, led by Professor Noel Purdy. The Religious Education Advisory Committee has no formal role in the review process, though the drafting group may wish to engage with members of the Committee and consider previous work undertaken by the Committee and others.
The Terms of Reference for the work make clear that the revised Core Syllabus should be pluralist and inclusive, specifically ensuring pupils explore a range of religious and non-religious worldviews, and encourage engagement with questions of belief, ethics, identity and meaning, reflecting the diversity of contemporary society. The Terms of Reference also set out the need for wider engagement and consultation as part of the drafting process.”
4: On the new syllabus and the involvement of third parties:
“A syllabus is a document that outlines what will be taught in a specific subject or course. The new Religious Education (RE) Core Syllabus will set out the key learning objectives by Key Stage, as defined in the Review’s Terms of Reference. It will not provide guidance on how schools should engage with external groups, which is an operational matter for schools across all aspects of the Curriculum.”
5: On the right of withdrawal:
“The right of withdrawal from Religious Education (RE) does include partial withdrawal from specific topics or individual lessons.”
6: On not making changes to collective worship:
“The Supreme Court judgment, in the matter of JR 87 and another, explicitly states that ‘there is no challenge in this case to collective worship in schools in Northern Ireland being focused on the Christian religion or that in Catholic maintained schools the focus of collective worship may be distinctive of the Catholic denomination’. The Supreme Court did not strike down or question the legality of collective worship, and the duty placed on schools remains firmly in place.
While the Court found that the arrangements for collective worship in JR 87’s school breached rights, this was because how it was delivered in that school. The finding related to ineffective withdrawal arrangements and the risk of stigmatisation not because Christian collective worship itself was unlawful.
My focus, therefore, has been to ensure that every school now implements a simple, immediate, and confidential withdrawal process. I issued new guidance confirming that an unqualified right exists for parents to withdraw their children wholly or partially from RE and/or collective worship.
By strengthening the right of withdrawal and ensuring consistent implementation across all schools, I have taken the precise and proportionate action needed to meet the Court’s requirements while maintaining the statutory framework for collective worship in Northern Ireland.”