In the matter of an application by JR87 for Judicial Review (Appellant)

Hearing listed

Case summary
Appeal
Change log

Case summary

Case ID

UKSC/2024/0095

Parties

Appellant(s)

(1) JR87 (2) G

Respondent(s)

The Department of Education for Northern Ireland

Issue

Is there a breach of the rights of the child, and the child’s parents, under Article 2 of the First Protocol (“A2P1”) to the European Convention on Human Rights (“ECHR”) if the parents are able to remove their child from attendance of non-denominational Christian religious education and collective worship at school?

Facts

JR87, the first Appellant, attended a controlled primary school in Belfast. As part of the curriculum she took part in non-denominational Christian religious education and collective worship. JR87 does not come from a religious family. When JR87 began attending school, before eating she would repeat a prayer she had learned at school and would ask her parents questions about God and religion. In May 2019, the parents wrote a letter to the school voicing concerns that their daughter’s education did not appear to conform with their own religious and philosophical convictions. They enquired what inspection mechanisms were in place to ensure that children were receiving a balanced religious education. In a reply dated 21 June 2019, the school confirmed that its provision of religious education and collective worship was “bible-based”, that it followed the core syllabus for education and complied with the requirements of the legislation and the core syllabus at an age-appropriate level. The parents then sent a detailed pre-action protocol letter to both the school and to the Respondent, the Department of Education, giving notice of their intention to seek judicial review of the impugned legislation. The parents challenged the impugned legislation on the basis that it contravened their right to respect for freedom of thought, conscience and religion which is protected by both Article 9 ECHR and by A2P1 which requires any State that provides public education to “respect the right of parents to ensure such education… is in conformity with their own religious and philosophical convictions.” The High Court found that the impugned legislation was in breach of both Appellants’ rights under A2P1, read with Article 9 ECHR. However, the Court of Appeal allowed the Respondent’s appeal. The Appellants now appeal to the Supreme Court.