The Designation of Schools Having a Religious Character (England) Order 2026

The order states that the Secretary of State followed the procedure specified in the Religious Character of Schools (Designation Procedure) Regulations 1998.

The explanatory note asserts that designation provides a legal mechanism for determining the form of religious education to be provided under Schedule 19 to the School Standards and Framework Act 1998.

The document indicates that designation establishes the framework for collective worship under Schedule 20 of the Act.

The explanatory note states that designation allows for the determination of school staffing matters under sections 58 to 60 of the Act, which concerns the ability of faith schools to consider religious criteria in employment.

Legal scholars have noted that the designation of schools with a religious character can lead to exemptions from standard equality legislation regarding employment and admissions, which may be contested by secular advocacy groups.

Administrative critics might argue that the case-by-case designation of individual schools via Statutory Instrument creates a fragmented regulatory landscape compared to a universal standard.

Civil liberties organizations often raise concerns regarding the impact of religious designation on the diversity of the curriculum and the inclusivity of the school environment for families of different or no faiths.