Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the potential merits of removing admissions exemptions that allow faith schools to select pupils based on the religious beliefs and practices of parents.

Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.

The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.

The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.

The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.

In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.

Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.

The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.