The Northern Ledger

Amplifying Northern Voices Since 2018

Scotland’s new law gives pupils a say on school worship

Families and school leaders across Cumbria, Northumberland and the Borders woke up to a clear shift over the wall. Holyrood’s Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 secured Royal Assent on 2 April 2026 after MSPs passed it on 17 February. The measure strengthens pupils’ involvement in decisions about school worship and ties the change to Scotland’s wider children’s rights regime. (parlamaid-alba.scot)

In practical terms, the Act removes the parental right to withdraw a child from Religious and Moral Education (RME) while keeping the right to withdraw from religious observance. Crucially, schools must tell a pupil when a withdrawal is requested and give them a fair chance to object; if, after discussion, the pupil still objects, the request should not be carried out. The law presumes pupils can form a view, taking their age and maturity into account. (parliament.scot)

For heads and governors, process now matters as much as policy. Ministers will issue statutory guidance on how schools involve pupils and, separately, on what counts as ‘religious observance’ with an emphasis on inclusiveness. Those guidance duties and timelines were among Stage 3 amendments lodged and flagged by ministers, with formal guidance development signalled after the vote. (parliament.scot)

Politics around the change has been lively. Education secretary Jenny Gilruth said the law ‘strengthens the protection and promotion of children’s rights’. Scottish Labour called the outcome a ‘muddled halfway house’, while Green MSP Maggie Chapman welcomed steps towards a future, independent pupil opt‑out. The National Secular Society argued the package ‘makes matters worse’ by not granting that direct right now. (tes.com)

Faith leaders struck a different note. The Catholic bishops welcomed protections around religious education but warned against any future regulation that bypasses parents. ‘We are deeply concerned by the decision to grant Scottish Ministers the power to introduce regulations that would permit young people to withdraw … without parental involvement,’ they said. (archedinburgh.org)

What does this mean on our side of the border? Nothing changes in England for now. Maintained schools must still provide a daily act of collective worship; parents retain the right to withdraw children from both collective worship and RE; and sixth‑form pupils have their own right to be excused. Any change here would require Westminster action or revised DfE rules. (gov.uk)

For northern heads-especially in Carlisle, Berwick and the Tyne Valley-the immediate task is clarity with families. Explain what applies where, log discussions carefully, and supervise withdrawn pupils appropriately; DfE guidance and local SACRE practice underline that schools remain responsible for pupils who are excused from worship. (egfl.org.uk)

Under the bonnet, Holyrood also adjusted its UNCRC law. New provisions restate that a public authority is not acting unlawfully where another Scottish law compels action that would otherwise conflict with UNCRC duties, and they require notifications to the Lord Advocate and the Children’s Commissioner when that defence is raised in court. It’s intended to avoid legal stalemate while incompatible laws are fixed. (parliament.scot)

Timing matters. Although the Act is now on the statute book, the sections that change school processes and the UNCRC arrangements start on dates set by ministers through commencement regulations. Expect a lead‑in period while statutory guidance is drafted and consultations run. (parliament.scot)

One final comparator from the devolution map: in Wales, RE has become Religion, Values and Ethics and there is no parental right to withdraw under the Curriculum for Wales. Scotland’s move, alongside Wales’ earlier reform, will keep debate alive across northern England about how assemblies and RE serve increasingly diverse communities. (hwb.gov.wales)

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