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The Report of the Religious Observance Review Group
two: the context
Legislation
Under the Education (Scotland) Act 1980, which repeats the legislation of previous acts, education authorities have a statutory requirement to provide religious observance and religious education in Scottish schools. This legislation originally dates from 1872 when the social, cultural and educational context was very different from today.
The relevant sections of the Education (Scotland) Act 1980 are as follows:
Section 8 (1)
Whereas it has been the custom in the public schools of Scotland for religious observance to be practised and for instruction in religion to be given to pupils whose parents did not object to such observance or instruction, but with liberty to parents, without forfeiting any of the other advantages of the schools, to elect that their children should not take part in such observance or receive such instruction, be it enacted that education authorities shall be at liberty to continue the said custom...'
Section 8 (2)
It shall not be lawful for an education authority to discontinue religious observance or the provision of instruction in religion in terms of subsection (1) above, unless and until a resolution in favour of such discontinuance duly passed by the authority has been submitted to a poll of the local government electors for the education area taken for the purpose, and has been approved by a majority of electors voting thereat.'
Guidance - SOED Circular 6/91 Provision of religious education and religious observance in primary and secondary schools
The Scottish Office Education Department issued guidance to local authorities and schools in 1991 on the Provision of religious education and religious observance in primary and secondary schools (SOED Circular 6/91). The Circular expressed the view that religious observance was a valid and important educational experience which made 'an important contribution to pupils' spiritual development'. It recognised that it could also 'have a subsidiary role in promoting the ethos of a school by bringing pupils together and creating a feeling of corporate identity.' It stated that in non-denominational schools religious observance should be of a 'broadly Christian character'.
The Circular also provided advice on the amount of time which should be allocated to religious observance. It stated that all primary pupils 'should take part in religious observance not less than once a week' and that all secondary pupils 'should take part in religious observance at least once a month and preferably with greater frequency.'
Local authorities were asked to review their policies on religious observance to ensure they were in line with the Circular.
Educational developments
The education system in Scotland has gone through significant developments since the Education (Scotland) Act 1980 and SOED Circular 6/91. The Standards in Scotland's Schools etc Act 2000 encapsulates the current emphasis in Scottish education which is to ensure that 'education is directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential.'
This reflects the view that education is more than gaining knowledge, more than learning skills. It is about realising and meeting personal potential, both intellectually and emotionally. It is about nurturing and developing the whole person, one who can make a positive contribution to the society in which he or she lives.
The Scottish Parliament, in pursuing this view of education, has defined National Priorities in Education. These National Priorities set the framework within which schools and education authorities are to plan education for their pupils.
The National Priorities have been identified as: Achievement and Attainment; Framework for Learning; Inclusion and Equality; Values and Citizenship; and Learning for Life.
The National Priorities are intended to support the development and education of the whole person, focusing on quality of experiences and opportunity as much as on attainment and achievement.
This is very much in line with the drive towards a greater focus on inclusion and flexibility in education policy as highlighted in Educating For Excellence, The Executive's Response to the National Debate, in which the Ministerial Foreword outlines the desire for 'Scottish Education to realise the potential of every child in every community' and the intention to 'create more local flexibility and choice'.
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