A report published by the University of Leicester, in which academics have carried out an evaluation of law and policy in this area, concludes that there is no clear reason behind the historical legal requirement.
The authors, who say that their paper is aimed at “stimulating fresh thinking”, discuss the implications of maintaining the status quo, reforming the duty or scrapping it altogether.
The vast majority of UK schools are required by law to organise acts of collective worship (in England, Northern Ireland, Wales) or religious observance (in Scotland).
For faith schools, the acts must be in line with the religion, and in non-religious schools the acts must be “broadly Christian” in nature.
The duty in England, Northern Ireland and Wales was first introduced under the Education Act 1944 and came after a settlement with the Church when the state took on responsibility for education.
In Scotland, the Education (Scotland) Act 1872 gave schools the freedom to continue the customary practice of religious observance – a provision that continues today.
However, today there is evidence of widespread non-compliance. In England, for example, the chief inspector said in 2004 that 76 per cent of secondary schools were breaking the law, while a survey by the BBC in 2011 found that 64 per cent of 500 parents said their children did not attend school worship.
The authors suggest that non-compliance will continue unless a clear rationale for the duty is agreed. The report states: ”The absence of a clear and accepted rationale for the duty of collective worship and religious observance arguably leads to both non-compliance owing to uncertainty as to what is expected and non-compliance on grounds of principle. Widespread non-compliance may be expected to continue if the rationale for such activities is not coherently articulated and acknowledged.”
The authors also raise concerns that collective worship could be “contradictory in the context of a diverse pupil population”.
They say there is an “inherent tension between the presentation of collective worship as inclusive and appropriate for all, and the existence of procedures for disapplication and withdrawal on the grounds that it might not be”.
The report acknowledges concerns that the “present arrangements do not promote a community spirit and shared values in schools”. It also acknowledges controversies about the collective worship duty, including “the appropriateness of such acts in an increasingly pluralistic, multicultural UK and the degree to which the current system properly affords respect for the rights of individuals and minority groups, including those with no religious faith”.
However, if the duty was abolished altogether, the report suggests that while individual schools would still be free to hold collective gatherings, we could risk missing opportunities for “pupil development and social cohesion”.
A possible reform of the duty might see the removal of the requirement for acts to be “of a broadly Christian nature” in England and Wales – something introduced in 1988 – and the introduction of the term “a time for reflection” in a bid to be more inclusive.
Elsewhere, the report also highlights confusion about the right to withdrawal and recommends action to clarify the law for parents, including that the right to withdraw from acts of collective worship/religious observance extends to all schools
It also says that all schools in the UK should “clearly publicise the content and format of acts of collective worship/religious observance so that parents and pupils are knowledgeable about what happens during these activities, and able to make informed decisions about whether to opt out”.
The report, Collective Worship and Religious Observance in Schools: An Evaluation of Law and Policy in the UK, was funded by the Arts and Humanities Research Council.
For more details, visit http://collectiveschoolworship.com/