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Positive duty on state to ensure parents’ convictions are respected in the provision of religious education

Published:

Re: Fox & Ors v Secretary of State for Education [2015] EWHC 3404 (Admin)

The claimants challenged the defendant’s decision to issue new GCSE Subject Content for Religious Studies, arguing that it encouraged others to give unlawful priority to teaching religious views as compared to non-religious views, contravening ECHR, art 9 and A2P1. Held: The state has a duty to ensure information in the curriculum is conveyed pluralistically, according equal respect of different religious convictions and to non-religious beliefs.

David Wolfe QC was involved in this case.