Chris Page
BBC News Ireland correspondent

One of the pivotal questions in the Supreme Court’s 40-page judgement is about the existing legal right of parents to withdraw children from RE lessons and collective worship.

The Northern Ireland Court of Appeal had previously ruled that, in effect, the provision was sufficient to protect families’ educational entitlements under human rights law.

The Supreme Court said that “exercising the right of withdrawal is not that simple, either for parents or for schools” – because decisions about practical arrangements for the pupils “involve discussion and negotiations”.

The 11-year-old girl, whose family brought the case, said that withdrawing her 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 Supreme Court to rule that the right to withdrawal placed an “undue burden” on parents.

Jamie McColgan

The Democratic Unionist Party (DUP) says, in a social media post, external, that it will take time to consider the detail of the judgement, but the party will "defend the Christian ethos that underpins our education system and has served Northern Ireland well for generations".

Image source, Getty Images

DUP MP Carla Lockhart says she's "disappointed" with the news, but adds "we remain steadfast".

"Christian teaching and values have long been part of school life in Northern Ireland, and we will continue working to ensure they are protected," she says.

The Department for Education has been asked for a response to the judgement.

Dr James Nelson, a guest on BBC's Talkback programme, says that from today, teachers and parents have been left in an uncertain place.

He called on the Department of Education to "step up" and provide that clarity as soon as possible.

It also needs to be clear on the withdrawal process, which has been seen as a "difficult space" and an "impossible dilemma".

Eimear Flanagan
BBC News NI

The Supreme Court ruling has been welcomed by the body that represents the three main Protestant churches in educational matters in Northern Ireland.

"We're quite pleased to see the judgement and we're delighted that it has finally come today," said Anita Gracey, vice chair of Transferor Representatives’ Council , external(TRC).

It represents the interests of the Church of Ireland, the Presbyterian Church and the Methodist Church who transferred ownership of their schools to the state following partition in 1921.

Ms Gracey said the TRC had been calling for "the revision of the core syllabus" on religious education for some time, and having to wait for this judgement had blocked that process.

The Supreme Court judgement stated that the TRC had accepted in court that the core syllabus "does not convey religious education in an objective, critical, and pluralistic manner".

"We've been using the same [syllabus] since 2007 so it's coming up to 20 years old now," Ms Gracey said.

"We have been asking and lobbying the department for the development of a revised syllabus which would be inclusive, objective and not confined to teaching of or about Christianity."

The Catholic maintained sector, which has more than 400 primary and secondary schools, is the only large faith-based sector in Northern Ireland.

About half the grammar schools in Northern Ireland are also Catholic in ethos and are identifiably religious.

The ruling is likely to have some impact on Catholic schools, but only in terms of the curriculum and worship.

Other religious elements, such as crucifixes on classroom walls, statues and preparation for Holy Communion will likely continue and ethos will be largely unaffected.

The laws around collective worship and Christian-focused RE lessons apply to Catholic schools in the same way as they do to the state controlled sector, which while non-denominational, largely serves the Protestant community.

All schools - Catholic maintained, state controlled, integrated, Irish-medium and voluntary grammar must follow the core syllabus. Individual schools are then free to build upon this in a way that best suits the needs of their pupils and their ethos.

In addition, the RE core syllabus includes Christianity, morality, world religions and a requirement at Key Stage 4 (GCSE) "for pupils to study the Christian church from both a Protestant and a Roman Catholic perspective" at all schools.

Robbie Meredith
BBC News NI Education Correspondent

Image source, Getty Images

This started with the experience of one family and has led to what is a very, very significant judgement.

The child went to primary school and her parents noticed that when the child was coming home and eating, she was saying her prayers before meals.

They were a non-religious family - they didn't have any strong religious beliefs - and they asked: "Why?"

The child basically said this is what she had been taught to do in school.

So the family queried with the school about why their child was being educated in that way - about the Christian religion and certain tenets of Christian worship.

The school said they were just following the curriculum and following what they had to do, which is Bible-based and Christian-focused.

So the family then decided to legally challenge the education their child was receiving.

The High Court in Belfast agreed with them in 2022 - holding that religious education in schools here and the requirement for collective worship was not objective or plural enough.

The Department of Education appealed that High Court ruling and won.

However the case was then taken to the Supreme Court - the UK's highest court - which has effectively ruled that the original High Court ruling in 2022 was correct.

Listen back to more of Robbie's analysis on BBC Talkback.

Jessica Lawrence
BBC News NI

Image source, Getty Images

Dr James Nelson is an academic at Queen's University Belfast and has been involved in the research of religious education in schools for about 30 years.

He tells BBC Radio Ulster's Talkback programme that the Supreme Court's ruling is "without doubt the single-biggest event" in that time, and there are "huge implications for every day practice in schools".

Looking at the judgement, Dr Nelson says the core RE syllabus used by schools is now deemed no longer appropriate, and this has huge implications for Northern Ireland's education department.

"It almost is like a failure to protect young people from indoctrination in school spaces, so that in itself is a bit of a bombshell for the department," he told BBC Radio Ulster's Talkback programme.

Dr Nelson also states that the teaching of other religions - such as Judaism or Islam - does not go far enough, and there needs to be a more "objective" approach.

Bishop McKeown says it's important to understand where "other people are coming from in terms of their beliefs, their practices, their religious traditions".

"I'm quite open to seeing where this goes but I think I wouldn't want it to be seen as some kind of statement that religion should be banned in schools."

He adds that many young people are "rediscovering" religion as "something that should be cherished and understood in all its richness".

He doesn't, he reiterates, see the changes as negative but again calls for some clarity on what it will all mean.

The Catholic Bishop of Derry, Donal McKeown says he’s not surprised by the judgement.

Bishop McKeown is the chairman of the Council for Catholic Maintained Schools and a former head of St Malachy's College in Belfast.

"Northern Ireland has changed a lot since the last core curriculum was put together,” he says, adding that it’s time for a revision of what is taught and how.

He describes himself as "quite sanguine" about the changes and implications.

“There is also an important distinction to be made between what the core curriculum says is the basis minimum to be taught and what actually happens in schools," he tells BBC News NI.

“Will there be a difference in terms of applications of the legislation in maintained schools and controlled schools?

"In other words can a Catholic school assert the right to teach a certain theology and expect parents to buy into that?"

He concludes that there are questions to be asked, but, in general is "quite sanguine about the need for a new RE core curriculum".

The Transferor Representatives’ Council - which represents the Church of Ireland, Presbyterian Church in Ireland and Methodist Church in Ireland in all matters of education in Northern Ireland says it'll take time to consider the ruling.

Its chairman, the Rt Reverend Andrew Forster, the Bishop of Derry and Raphoe, says he hopes the ruling will "provide clarity and direction in respect of both the teaching of religious education and collective worship in schools".

Jamie McColgan

Image source, PA Media

Northern Ireland assembly member Nuala McAllister has responded to the ruling on X, adding her perspective as a parent.

"This is significant. As a parent who opts out of religious education because it is not education, I've been following this closely for years.

"I don't want my kids at the back of the classroom, I want them to learn about all faiths.

"An inclusive education."

The department's website, external says that religious education (RE) is "a compulsory part of the Northern Ireland curriculum".

But it adds that parents "have the right to withdraw their child from part or all of RE or collective worship" and that schools must publish their arrangements for when this happens.

Northern Ireland schools must provide RE in line with a "core syllabus".

That syllabus was specified by the department but it was drawn up by the four main churches in Northern Ireland - the Catholic Church; the Church of Ireland; the Presbyterian Church and the Methodist Church.

BBC Radio Ulster's Talkback programme will be getting reaction to today's Supreme Court decision.

You can watch the programme live at the top of this page from midday.

Just click the play button at the top of the page.

Image source, Getty Images

The father and daughter who took the case were also challenging collective worship - things like school assemblies - as well as how RE is taught.

The young girl, anonymised as JR87, and her father, anonymised as G, external, challenged the legality of the teaching of religious education and the practice of collective worship in the primary school which she attended between the ages of four and seven.

The judgement says: "The proceedings involve wide and important points of law which affect not only JR87, G, and the School, but also the teaching of religious education and the practice of collective worship more generally in Northern Ireland."

The Supreme Court backed the original High Court judgement from 2022.

This held that as both religious education and collective worship in the School followed the core syllabus specified by the Department, they were not conveyed in an objective, critical, and pluralistic manner.

However, it's key to note that the court said the judgement was not about "secularism in the education system".

The judgement stated: "No one is suggesting that religious education should not be provided in schools in Northern Ireland.

"Rather, JR87 and G strongly support the provision of religious education provided it does not amount to indoctrination."

Robbie Meredith
BBC News NI Education Correspondent

It is important to be clear that the Supreme Court ruling is not going to mean that the teaching of RE in schools will end, or that there will be no more hymns or prayers in school assemblies.

But it does mean that some things are likely to change.

The judges said that was “a complete absence of plurality in relation to the teachings or practices of any other religions or non-religious traditions and philosophies,” especially in primary schools.

So in future children are likely to be taught about a range of religions in RE, not just Christianity, from the earliest years of primary school.

Schools may also have to think about inviting a wider range of speakers to school assemblies, not just Christian ministers or organisations.

No.

The legal action was taken by a father and his daughter who attended a primary school.

However, the RE core syllabus that was drafted by the four main Christian churches and specified by the Department of Education applies to both primary and post-primary schools.

The syllabus covers RE from the foundation stage of Primary 1 and 2 through to Key Stage 4, which is pupils working towards their GCSEs.

At all stages, the core syllabus is Christian-focussed.

It says children and young people from four to 16 should "develop an awareness, knowledge, understanding and appreciation of the key Christian teachings about God (Father, Son and Holy Spirit), about Jesus Christ and about the Bible; and develop an ability to interpret and relate the Bible to life".

Image source, Getty Images

Governors in all grant-aided schools have a legal duty to ensure religious education is included in the curriculum.

This must be in line with the core syllabus for RE specified by the Department of Education.

The core RE syllabus was drawn up by the four main churches and is Christian-focused.

However in post-primary schools, and some primaries, pupils are taught about other religions.

Schools are already free to build upon this in a way that best suits the needs of their pupils and their ethos.

The law already allows pupils to be partly or wholly excused from attendance at religious education if their parents make such a request.

So - will religious education be banned?

Ultimately it will not be, but may need to change.

Jessica Lawrence
BBC News NI

More information is starting to come out now on the court's judgment, external.

In an upsum, the High Court ruling that the current RE syllabus in Northern Ireland, which was drafted by representatives of the four main Christian churches, is not delivered in an "objective, critical and pluralistic" way and must be revised - but not by the churches alone was upheld.

It also finds that the right to withdraw a child from RE or collective worship breaches human rights as it places an "undue burden" on the parents and can be stigmatising for children.

We're starting to see some reaction now to the Supreme Court's ruling.

Humanists UK - a non-religious charity promoting humanist values - says the current curriculum is "indoctrination" and that today's judgement will have "wide-ranging" implications for RE here and in the rest of the UK.

"RE curricula must be objective, critical, and pluralistic," it says.

The Northern Ireland Humanists Coordinator Boyd Sleator calls it a "historic win" for the rights of children.

"This ruling should also prompt the governments in England, Scotland, and Wales to revisit the requirement for mandatory collective worship.

"We hope it is now repealed."

Jessica Lawrence
BBC News NI

Image source, PA Media

The family’s solicitor, Darragh Mackin from Phoenix Law, described the Supreme Court’s unanimous ruling as a “watershed moment” for education rights in Northern Ireland.

“The Supreme Court has confirmed that all children are entitled to an education that respects their freedom of thought, conscience, and religion,” he said.

Mr Mackin said the judgement means that schools cannot place children in the “impossible position of being singled out or stigmatised” because they do not share the religious worldview in the school curriculum.