The High Court has dismissed a legal challenge arguing that some parents have ‘no choice but to send their children to private religious schools, finding that state-funded education remains available, even if it does not meet all religious or cultural preferences. Humanists UK welcomes this ruling.
In CKS v Secretary of State for Education, three children from the Charedi Jewish community argued that they were unfairly excluded from Universal Infant Free School Meals scheme (UIFSM), which is limited to state-funded schools. They argued that their strongly held religious beliefs meant attending a private faith school was not a genuine choice.
Mr Justice Mansfield rejected that argument, finding that state-funded education – including faith schools – remains available, even if it does not meet all religious or cultural preferences. He held that the decision to opt out of the state system remains, in law, a matter of choice.
Similar arguments have been previously rejected by the High Court and Court of Appeal. In a legal challenge to the decision by the UK Government to apply VAT to private faith schools brought by Christian and Charedi Jewish parents, courts ruled that faith schools and home education were ‘viable options’. These rulings were welcomed by Humanists UK.
Commenting on the ruling, Humanists UK’s Policy and Campaigns Manager, Lewis Young, said:
‘This judgment rightly recognises that families who opt for private religious schooling do so by choice, and that there are viable state-funded options. Public resources should be focused on strengthening inclusive education for all.’
Humanists UK campaigns for an inclusive education and schools system that allows no privilege or discrimination on grounds of religion or belief, and gives children and young people of all different backgrounds and beliefs an environment that lets them learn with and from each other. This includes campaigning for an end to religious discrimination in school admissions and employment, and for a progressive reform of the curriculum, including religious education.
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For further comment or information, media should contact Humanists UK Head of Press and Campaign Communications Nathan Stilwell at press@humanists.uk or phone 0203 675 0959 (media only).
Read more about our work on private faith schools.
Read the High Court judgment.
Read our response to the Court of Appeal judgment on VAT.
Read our response to the High Court VAT judgment.
Humanists UK is the national charity working on behalf of non-religious people. Powered by over 150,000 members and supporters, we advance free thinking and promote humanism to create a tolerant society where rational thinking and kindness prevail. We provide ceremonies, pastoral care, education, and support services benefitting over a million people every year and our campaigns advance humanist thinking on ethical issues, human rights, and equal treatment for all.