Supreme Court rules Christian-focused RE taught in NI schools is unlawful

The Christian religious education (RE) taught in schools in Northern Ireland is unlawful, the UK Supreme Court has ruled.

In a unanimous judgement the UK's highest court allowed an appeal by an unnamed father and daughter from Northern Ireland.

In 2022, the High Court in Belfast ruled that the Christian-based RE taught at primary schools in Northern Ireland was unlawful. However, the Department of Education (DE) subsequently won an appeal against that judgement.

But on Wednesday the Supreme Court unanimously allowed the father and daughter's subsequent appeal and dismissed the Department's cross-appeal.

A spokesperson for The Department of Education said: "We will carefully consider the complex judgement and its implications and will provide advice to schools in the near future."

The father and daughter challenged the legality of the teaching of RE and the practice of collective worship in the primary school which she attended between the ages of four and seven.

The proceedings involved points of law which affected those involved in this case as well as the teaching of RE and the practice of collective worship more generally in Northern Ireland.

The Supreme Court heard that withdrawing the 11-year-old girl from RE and worship would have left her "stigmatised" – because, for example, she would have been the only pupil in her class not to take part.

These factors led the court to rule that the right to withdrawal placed an "undue burden" on parents.

The Supreme Court backed the original High Court judgement from 2022 which held that as both RE and collective worship in the school followed the core syllabus specified by the DE - they were not conveyed in "an objective, critical, and pluralistic manner".

The court said the judgement "was not about secularism in the education system" and made clear that "no one is suggesting that RE should not be provided in schools in Northern Ireland".

The court said: "The family strongly support the provision of religious education provided it does not amount to indoctrination."

The legal action was taken by a father and his daughter who attended a Belfast primary school. The family took the case anonymously.

In a state-controlled school, the girl received non-denominational Christian religious education and took part in Christian worship.

However, her parents did not wish her to be taught that Christianity was an absolute truth.

In 2019, they wrote to the school voicing concerns that it did not conform with their own beliefs.

The family asked if inspection mechanisms were in place to ensure that pupils were receiving a balanced religious education.

The school replied that its religious education was "Bible-based" and followed the core syllabus for education.

The family argued that their rights, which requires the State providing education to "respect the right of parents to ensure such education is in conformity with their own religious and philosophical convictions", had been contravened.

Reverend Andrew Forster, the Bishop of Derry and Raphoe and Chair of the Transferor Representatives' Council (TRC) said the TRC noted the judgement and "will take some time to consider the ruling".

"The judgement brings a long court process to a conclusion and once the ruling is considered, we hope it will provide clarity and direction in respect of both the teaching of religious education and collective worship in schools."

There has also been reaction to the ruling from political parties.

Green party councillor Anthony Flynn congratulated the family and said the ruling "is hugely significant, and can't be ignored by the [Northern Ireland] Executive."

"No child in a publicly-funded school should be pushed into a religious worldview that isn't theirs. Northern Ireland is changing, our communities are diverse, and our education system needs to reflect that."

Flynn said RE "should be balanced, inclusive and modern" and that this "is a chance to finally update NI's education framework so every child feels welcome and respected".

"It's 2025. Our schools should represent everyone," he added.

Carl Anderson, from Dungiven said: "I think young people should be taught whatever religious background their parents and grandparents come from.

"Religion is important to everyone – colour or creed. Respect is easy carried and we should be able to live beside each other side by side."