‘Breach of Duty’ in new religious studies GCSE, High Court rules

Three families, supported by the British Humanists Association (BHA), applied for a judicial review, arguing that the GCSE would sideline humanism and give pupils the impression that religion has a ‘monopoly on truth and morality’.

Mr Justice Warby ruled that 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’.

He added the February announcement regarding the new GCSE had included the assertion that it would ‘fulfil the entirety of the state's [religious education] duties’ and schools would interpret this to mean non-religious views need not be included in teaching.

Former Archbishop of Canterbury Rowan Williams was among 28 religious leaders who urged the government to rethink leaving humanism out of the new qualification.

Kate Bielby, 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.”

Andrew Copson, BHA chief executive, 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.”

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.”

Read more