The case of R (Fox) v Secretary of State for Education
In this recent case, a group of parents and pupils challenged the lawfulness of the Secretary of State's decision to issue new GCSE subject content (Subject Content) for Religious Studies to be taught from September 2016 and specifically the following assertion (Assertion):
"…the subject content is consistent with the requirements for statutory provision of religious education in current legislation as it applies to different types of school."
Their concern was that the Subject Content, combined with the Assertion, gave unlawful priority to the teaching of religious views over non-religious views, permitting or encouraging those responsible for creating and teaching specific curricula to think, wrongly, that religious education can be delivered to the relevant age group with nothing more than the GCSE Religious Studies curriculum.
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© Farrer & Co LLP, March 2016