A brief summary of the history and background of religious education in English schools and associated legislation

RE has played a part in education in England ever since the earliest attempts, in the nineteenth century, to establish a national school system. The first schools had mainly a charitable or religious foundation.

Under the 1870 Education Act new schools were established, run by local authorities, with their curriculum to include religious education of a non-denominational character.

The Education Act of 1944 similarly required that all schools (other than independent schools) should provide 'religious instruction', while allowing both teachers and parents (on behalf of their children) the right to withdraw.

This arrangement survived largely unchanged until the 1988 Education Reform Act which established a mandatory National Curriculum of ten subjects. Religious education was added to those to make up the 'basic curriculum' albeit as the one subject from which pupils or teachers might withdraw.

The Education Act (1996) brought about the institution of Standing Advisory Councils on Religious Education (SACREs) and locally agreed syllabuses, which had been allowed for under the 1944 act but were now made statutory: www.legislation.gov.uk/ukpga/1996/56/contents.

The School Standards and Framework Act of 1998 stated the duty of local authorities to secure the provision of religious education in community, foundation and voluntary schools, and for schools with a religious character to provide religious education in accordance with Schedule 19 of the Act: www.legislation.gov.uk/ukpga/1998/31/part/II/chapter/VI

Section 80 (1)(a) of the Education Act of 2002 confirmed the requirement for religious education to be provided for all registered pupils in accordance with the 1998 Act: www.legislation.gov.uk/ukpga/2002/32/section/80

The Education Act 2005 included new procedures for the inspection of schools at: www.opsi.gov.uk/acts/acts2005/ukpga_20050018_en_1 and the Education and Inspections Act (2006) at: www.opsi.gov.uk/acts/acts2006/ukpga_20060040_en_1

The most recent legislation affecting schools is the Academies Act 2010: www.legislation.gov.uk/ukpga/2010/32/contents. The impact of this on RE is to give academies a choice over the syllabus they follow for RE.

Further information about RE in academies and free schools can be seen here.

Acts of Parliament, including those for Northern Ireland, Scotland and Wales, can be accessed at: www.legislation.gov.uk