Schools - religious observance and religious education: consultation analysis
Independent analysis of responses to the Scottish Government consultation on proposals to amend the legislation on religious observance (RO) and religious and moral education (RME) in schools to support alignment with the United Nations Convention on the Rights of the Child.
9. Effective mechanisms when considering withdrawal from RO or RME
Introduction
Question 5: What mechanisms do you think would be most effective for ensuring that schools and parents give due weight to pupils’ views when considering withdrawal from RO or RME/RE?
A majority (55%) of consultation respondents who answered Question 5 identify mechanisms for ensuring that schools and parents give due weight to pupils’ views when considering withdrawal from RO or RME/RE. The remainder of respondents (45%) did not identify mechanisms, reiterate points raised to previous questions as captured elsewhere in this report (for example, said they do not agree with the proposed changes, said that the changes do not go far enough, etc.) and/or left the question unanswered.
The main themes that emerged from the consultation responses which do identify mechanisms are described below.
Theme 1: Effective mechanisms to ask children and young people for their views and perspectives on RO and RME
Many respondents (across all individual and organisation respondent sub-groups) emphasise the need for schools to have effective mechanisms to meaningfully capture pupils’ views on RO and RME. Their comments often refer to the importance of pupils’ voices being ‘clearly heard’ and their beliefs, views, and opinions ‘considered’, ‘respected’, and ‘valued’ in discussions on matters which directly affect them, as part of fostering autonomy and aligning with UNCRC principles.
Respondents noted that schools are accustomed to considering pupils' views in various contexts, that there is pupil voice/feedback/involvement in curriculum planning, and that efforts continue to embed this principle within the school setting. A point made by some respondents is that existing mechanisms and processes could be further built upon, and this is reflected in the respondent quotes below.
“Since the incorporation of UNCRC, schools have been reviewing and augmenting their arrangements for ensuring that the views of the child are considered, and taken seriously, for example, continuing to develop school policies. This approach can also be applied to withdrawal from RME/RO.” Organisation respondent (West Lothian Council)
“There is highly effective practice in place across many settings already to value the importance of pupil voice and embed UNCRC principles. These should be either built upon or embedded in any mechanism to ensure weighting is meaningful and based in proven effective practice.” Organisation respondent (East Renfrewshire Council)
Some of these consultation respondents go on to specify mechanisms that could be used to ask children and young people for their views and perspectives on RO/RME, and the suggestions span:
- age appropriate and standardised pupil polls, surveys, questionnaires, and/or consultations – including a suggestion that this could be done on an annual basis at the start of each term
- safe and supportive conversations and discussions to gather pupils’ views and perspectives on RO/RME and on alternative purposeful learning that could be provided for pupils who are withdrawn – either individually or in small groups (for example, facilitated discussions that also involve the pastoral teacher or head of year or head of RME)
- involving children and young people in conversations about RO and RME and in the planning and celebration of RO – for example, using existing forums such as pupil parliaments or class/pupil/student councils to encourage open discussion and debate – albeit a related point raised is around how ‘representative’ these forums are of the views of the wider year group
- having conversations in the first instance with pupils and then involving their parents in a follow-up meeting/discussion – to ensure that children and young people have the opportunity to ‘speak freely’ with a teacher both with and without their parents present
- designated staff support – for example, assigning staff members as pupil advocates to ensure their views are heard and respected
Related points include that any survey or consultation findings should be shared with parents and there would need to be relevant links established with parent councils and parent associations.
Theme 2: Mechanisms to enable children and young people to either independently opt-out of or opt-in to RO and/or RME
Many consultation respondents (primarily but not limited to other individual respondents and other and faith organisation respondents) express support for mechanisms that would allow children and young people to independently opt-out or opt-in of RO/RME, without requiring parental approval. They argue this would better reflect children’s rights and ensure respect for individual beliefs.
The following respondent quotes are broadly reflective of the comments made by these respondents.
“…the most effective way of ensuring pupils’ views are given due weight is to give them the independent right to withdraw from religious observance. A parent opt-out does not go far enough to ensure pupils’ views and beliefs are fully respected in every case.” Organisation respondent (Humanist Society Scotland)
“The only way to truly guarantee equality and freedom of religion or belief for all children in Scotland is to repeal RO laws entirely. While RO laws remain in place, pupils must have an independent right of withdrawal.” Organisation respondent (National Secular Society)
Theme 3: Guidance and support for schools to support consistent implementation of the proposed changes
Some consultation respondents (across all individual and organisation respondent sub-groups) highlight the need for clear, consistent guidance and legislation to support schools in implementing the proposed changes. Without this, they argue, there is a risk of varied practice and increased workload for staff. This is covered in more detail in Chapter 2 (Consultation methodology and challenges).
The following respondent quotes are broadly reflective of the points raised.
“Any mechanism must have a clear and easily understood process and procedure alongside a clear workload impact assessment.” Organisation respondent (NASUWT)
“Schools would benefit from coherent and consistent guidance that offers them a process to undertake when parents are exercising their right to withdraw. While evidence would suggest that most schools have an indication in the school handbook outlining the right to withdraw, there is little in the way of what the process might look like in practice. Schools are reporting an ad hoc approach, and often change this on a case-by-case basis. Further scrutiny and research into current practices would be helpful before any final decision is made regarding levers and mechanisms.” Organisation respondent (SCES)
Theme 4: Educating and communicating with parents and with pupils on the purpose and benefit of RO/RME
Some consultation respondents (across all individual respondent sub-groups and organisation respondents including but not limited to faith organisations, local government, and parent associations) highlight the importance of upfront and ongoing consultation, engagement, and clear communication between schools, RME teachers, parents, and with pupils (and faith leaders where appropriate) to:
- ensure children and young people and their parents fully understand their rights in relation to withdrawal from RO/RME, encourage open conversations at home, and support informed decision-making around withdrawal from RO/RME
- help foster open, honest, and transparent communication and debate between all parties – and to ensure increased transparency of the proposed changes and of the withdrawal process
- provide an overview of RO/RME, its content/intention, the benefits of participation for pupils, and of the implications of withdrawal, including the potential negative impact on the child’s holistic development
- improve the appeal of RO/RME
Many of the points raised at this question echo those raised in Chapter 6 (Addressing any negative implications of the proposed changes).
A further suggestion is that school handbooks and policies could be refreshed accordingly, and that information could be shared as part of the school induction and enrolment procedures.
The following respondent quotes are broadly reflective of the points raised under this theme.
“While evidence would suggest that most schools have an indication in the school handbook outlining the right to withdraw, there is little in the way of what the process might look like in practice. Schools are reporting an ad hoc approach, and often change this on a case-by-case basis.” Organisation respondent (SCES)
“A measured approach explaining what 'good' RMPS/RE is, explaining the materials used, what it is NOT as much as about what it is. Allowing for reflection period for both pupil and parent/guardian, and if a child is withdrawn something positive put in its place as a teaching time - but this would require resources.” Individual respondent (Other)
Theme 5: Mechanisms to involve all parties in discussions when a parent exercises their right to withdraw their child from RO/RME
Some consultation respondents (including individual respondents across all sub-groups but primarily teachers and parents of a school aged child, as well as faith organisations and local government) emphasise the need for mechanisms that involve all parties – pupils, parents, and school staff – when a withdrawal request is made. They argue that such collaborative discussions could help ensure that ‘all voices are heard’, concerns are addressed, and decisions are made transparently.
The following respondent quotes are broadly reflective of the points raised under this theme.
“In the final analysis, there is unlikely to be any alternative to the school-facilitated “family conversation” to enable parents and pupils to express, hear, and respect each other’s views – and this will require additional resources to be made available to schools.” Organisation respondent (Jewish Council of Scotland)
“Ensuring an open dialogue takes place between staff, parents and children and young people. Discuss the decision and ensure all have the opportunity to share their thoughts, feelings, and concerns. Ultimately this will ensure an informed decision.” Individual respondent (Parent of a school aged child)
“Should this become a request for our school, I would anticipate that the young person and their parent would be met by senior school staff to discuss the request and to fully explore, together, the implications prior to any decision being made. This is consistent with our approach to any important decision-making.” Individual respondent (Other).
“Parental and School Mediation: Emphasise collaboration between pupils, parents, and schools to resolve concerns constructively rather than defaulting to withdrawal.” Individual respondent (Parent of a school aged child)
Contact
Email: ROandRME@gov.scot