Memorandum submitted by the Catholic Education
Service for England and Wales (CESEW)
The Catholic Education Service for England and
Wales (CESEW) has been asked to provide a submission to the Joint
Committee on Human Rights on The Draft Legislative Programme:
JCHR priorities for 2008-09 on the subject of schools and religion
and in particular in relation to the following area:
— Whether organisations are content with
the provisions of the School Admissions Code and the Equality
Act 2006 which permits schools to prefer one applicant for admission
over another on the grounds of their religion. The Committee is
interested in whether this is compatible with the right not to
be discriminated against in the enjoyment of the right of access
to education (Article 14 European Convention on Human Rights in
conjunction with Article 2 Protocol 1);
— Whether organisations believe that the requirement
under the Equality Act not to discriminate on grounds of religion
or belief should apply to the school curriculum (currently this
is an exemption); and
— Any other relevant issues organisations
wish to comment on.
The CESEW does not consider that preference
for applicants for admission to Catholic schools on the grounds
of their religion is incompatible with Article 14 European Convention
on Human Rights in conjunction with Article 2 Protocol 1. Canon
Law expects Catholic parents to provide their children with a
Catholic education and the Catholic Church has established its
schools to enable Catholic parents to fulfil their duty under
Canon law, allowing Catholic parents to manifest their religion
and beliefs in accordance with Article 9 European Convention on
Human Rights. It is entirely within the provisions of Article
2 Protocol 1 which provides that the State shall in exercising
its functions in relation to education and teaching "respect
the right of parents to ensure such education and teaching in
conformity with their own religion and philosophical convictions".
The requirement not to discriminate on grounds of religion or
belief must be excluded in relation to the curriculum for Catholic
schools to be able to fulfill their mission and uphold the objects
of the charitable trusts under which they are founded and under
which they continue to operate. One of the primary objects of
those charitable trusts is for the provision of Catholic education
for Catholic families.
It must be remembered that Article 9 enshrines
the freedom to manifest one's religion or belief subject only
to such limitation prescribed by law and as necessary for the
protection of, inter alia, the protection of the rights and freedoms
of others. The priority given to Catholic applicants to Catholic
schools, we would submit, does not interfere with the right of
other members of society to also manifest their religion or belief.
The right to expression of faith should not
be diminished by issues of relativity and comparison between separate
pieces of legislation, nor subjugated to other competing rights.
We would submit that nothing is values free
and that not all values can be equally respected. Some values
are for the common good but others may not be, eg, historically
the experience of the values of the Nazi party and currently questions
about the values of BNP. Schools with a religious character are
certainly not free of values; indeed those values are proclaimed
and are available to all. It is those values which are the bedrock
of a school's ethos and an important basis upon which parents
select a school for their children's education. It is important
that parents are aware of the values a school holds so that they
can select an environment for their children's education which
is compatible with their own beliefs and values.
As part of their ministry as parents the Code
of Canon Law requires parents to seek a Catholic education for
their children, wherever possible:
"Parents are to send their children to those
schools which will provide for their Catholic education. If they
cannot do this, they are bound to ensure the proper Catholic education
of their children outside the school".[258]
Catholic schools were established by the Catholic
Church to provide a Catholic education to baptised Catholic children
in a local area and are seen by the Church as the "principal
means of helping parents to fulfil their role in education"[259]
in accordance with their parental duties set out in Canon Law.
This remains the primary function of the schools
but many increasingly serve the wider local community in a variety
of ways, whilst maintaining a strong Catholic ethos and responding
to changing demographics.
Catholic schools were established in England
and Wales for many years prior to the introduction of the state
maintained education system. Catholic schools are almost without
exception Voluntary Aided (VA).
VA schools were a product of the 1944 Education
Acts when agreement was reached between the Churches and the State
to bring the Church schools within the state maintained sector.
This agreement for the Churches to "gift" their schools
into the State's education system was made in return for a number
of undertakings from the State to ensure that the religious ethos
of the schools was maintained, including, inter alia, the rights
to provide religious education according to the schools religious
character and the right for the governing body of a VA school
to control its own admissions to the school. The right of governing
bodies of Catholic schools to control their own admission procedures
is enshrined in the 1944 Education Act and 1998 School Standards
and Framework Act. The School Admissions Code and the Equality
Act 2006 continue to reinforce that right.
In return for being allowed these rights, whilst
the day-to-day running costs of the school would be met by the
State the Churches agreed to contribute towards building costs.
In 1944 the contribution made by the Churches to the cost of building
a new VA school, or for building repairs to such premises was
50%. Over time that has reduced and the contribution paid by the
Churches is now 10%. As can be seen the Churches have contributed
substantial amounts of capital towards the upkeep of the maintained
school estate and continue to do so paying 10% of building costs
in relation to all VA schools. The contribution of the Churches
to state maintained education remains high as does the Government's
confidence in the valuable contribution of the Churches through
their schools and the supporting diocesan infrastructure.
Service to those who are amongst the most deprived
and underprivileged in our society has also always been central
to the mission of Catholic education and continues to be so today,
with the Churches goal of a preferential option for the poor.
Many Catholic schools were established in the 19th Century to
meet the needs of poor Catholic immigrants from Ireland but the
mission remains strong today, with Catholic schools frequently
receiving newly disadvantaged from the new immigrant population.
Catholic dioceses today remain conscious of their responsibility
to meet the needs of established local Catholic families, Catholic
traveller children and Catholic immigrants from other parts of
the world, especially Eastern Europe and parts of Africa and Latin
America. Dioceses and governing bodies, as the admission authorities
of voluntary aided schools, work to ensure there is sufficient
provision wherever possible for these groups whilst reaching out
to children and young people of other faiths and none in ways
appropriate to local circumstances.
There were 362 Catholic VA secondary schools
and 1,781 Catholic VA primary schools in England and Wales in
2007 according to the Catholic Education Service for England and
Wales: Digest of 2007 Census Data for Schools and Colleges (CESEW
2007 Census Digest). The distribution of Catholic schools reflects
the demography of the Catholic population in England and Wales.
Typically, a Catholic VA school was situated in its present location
with the agreement of the local education authority at the time
it was established in an urban area to draw from a wider than
average catchments area, based on parish boundaries. Changes in
demographic patterns have impacted on these historical catchment
areas in different ways, with implications for the schools' admission
policies. Inevitably a "local" area for a Catholic school
will generally be larger than for a community school as Catholic
schools take from further afield to serve Catholic children and
parents. This would not therefore reflect priority for children
from particular areas or neighbourhoods, which may lead to reflecting
advantage or disadvantage, as much is dependent on the school's
location.
Catholic VA schools are racially and ethnically
diverse institutions which reflect the racial and ethnic profile
of their communities. Catholic education in England and Wales
has a culture of religious tolerance and pupils are encouraged
to understand and respect faiths other than their own. The Catholic
vision of the human person demands respect for others and their
faith. This is lived out through all the activities of a school,
including the curriculum, teaching and learning and all aspects
of school life. There are strong indications which suggest that
this is one reason why Muslim parents chose a Catholic school,
where available, rather than a community school as they know that
faith will be viewed as important. Some Catholic schools have
a large proportion of Muslim pupils arising from factors including
demographics and local negotiation.
In relation to ethnicity of pupils the CESEW
2007 Census Digest reports the following:
"The national school census for 2007
shows that all maintained primary schools in England about 23%
of pupils were from minority ethnic groups (this excludes the
white British category) and in secondary schools about 20%. Catholic
schools were rather more mixed: the national census shows that
in Catholic primary schools in England 24.5% of pupils were from
minority ethnic groups and in secondary schools the figure was
23%. In both phases, Catholic schools were in fact the most ethnically
mixed category of schools in the DCSF lists (apart from academies
which are a special case)"
The outcomes of the CESEW Census were closely
consistent with the national figures from DCSF.
In relation to Catholicity the CESEW 2007 Census
Digest reports that in 2007 Catholic maintained schools in England
and Wales educated over 779,000 pupils with 27% of pupils of other
faiths and none being educated in Catholic schools.
The CESEW 2007 Census Digest also shows that
the average rate of withdrawal from collective worship was very
low indeed, at 0.02% of pupils. In light of the high proportion
of pupils from other faiths within Catholic schools ie 27%, this
figure is indicative of the fact that parents wish their children
to take full part in the life of the school in keeping with the
school's religious ethos, notwithstanding the fact that they are
of a different faith or none.
The CESEW 2007 Census Digest also confirms the
national data which shows that an analysis of the economic background
of pupils demonstrates that pupils at Catholic schools are drawn
from all sections of the community and Free School Meals indicators
are generally comparable to the national average. Of particular
interest is that, in so far as secondary education is concerned
when issues of priority in school admissions are more marked,
the figures show that Catholic schools are extremely close to
the national average. The Catholic Church would take very seriously
any suggestion that there may be selection taking place which
may disadvantage those most in need as this would be contrary
to the Churches preferential option for the poor.
The diversity of the pupil populations in Catholic
schools in terms of racial, ethnic and social mix, working in
an atmosphere of mutual respect, empathy and with an appreciation
of faith and religion, provides a strong foundation for Catholic
schools to contribute to community cohesion in the school and
by extension in the wider community in the areas where they are
situated.
The CESEW believes that the admission procedures
should be transparent and equally understandable to all. Indeed
the CESEW lobbied for the phasing out of the use of interviews
as a means of selection in the admissions process and for the
promotion and inspection of Community Cohesion in schools. The
CESEW has continued to express its support for a school admissions
system that is fair and transparent, for Catholic schools as well
as all other types of schools, and will continue to do so.
Government recognizes that parents are the primary
educators of children. Indeed one of the five principles set out
in The Children's Plan: Building Brighter Futures is that
"government does not bring up children—parents do—so
government needs to do more to back parents and families"
Current Government policy promotes choice and
diversity for parents and children and young people. 21st Century
Schools: A World-Class Education for Every Child requires that
schools will "actively engage parents (fathers as well as
mothers) and carers; listen to children and young people to ensure
that their needs and choices are taken into account"
There are over 6,000 schools with a religious
character in this country, accounting for one third of all schools.
They have proved their success both in terms of personal development
and high academic standards which is evident from their popularity.
Faith in the System, published in 2007 confirmed the strong commitment
of the faith communities, with Government backing, to come together
to support one another and their ongoing commitment to schooling
nationally. That commitment is ongoing. Their constituent faith
communities made up of tax payers like any other continue to contribute
financially to all the nation's schools. In fact these parents
as taxpayers contribute substantially more. For example, Catholic
parents contribute from their taxed income to the payment of the
Churches 10% capital contribution which the Church pays from money
raised through its parishes and which the Church uses to support
the state maintained education system.
In February 2008 the CESEW published guidance
for Catholic schools to assist them in reflecting upon and reviewing
their current practice in order to build on what they were already
doing to promote community cohesion. In that document the CESEW
referred to the challenges facing society:
"The journey towards building a truly
cohesive, sustainable community is undoubtedly a matter that challenges
British society today... we continue to work towards an harmonious
society; one where all feel valued and respected irrespective
of background and personal circumstances".
In October 2008 the CESEW published further
guidance responding to requests from those within our schools
for a "good practice paper" covering the life of the
Catholic school and the place of children and young people of
other faiths therein. The Chairman of the CESEW, Archbishop Vincent
Nichols referred in his foreword to the fact that:
"Dialogue with other faiths is a consistent
theme in the life of the Catholic Church... The fruits of such
dialogue are many: increased understanding and mutual respect;
an exploration of shared concerns and values; and joint action
in response to the challenges of life today."
As can be seen the faith communities are working
together towards their vision of an harmonious society. It is
to be hoped that the strong values shared by those faith communities
are respected too, so that those communities can continue to make
their invaluable contribution to the maintained education system
for the benefit of their own, the wider community and for society.
February 2009
258 Canon 798, Code of Canon Law. Back
259
Canon 796.1 Code of Canon Law by the authority of Pope John Paul
II, 25th January 1983. Back
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