Questions and answers

Is this just Government interference?

No. It is Government moving to safeguard schools' freedom.

But don't the new employment regulations curtail freedom?

They extend freedom for individuals from discrimination on the grounds of their own religion or belief but threaten thereby to curtail freedom for organisations with a religious basis.

Why does that include schools?

Governments have always recognised the freedom of maintained schools with religious foundations to appoint heads and teaching staff who believe what the school believes. That has never been in dispute.

Is that freedom enshrined in law?

Yes. When the new Labour Government stated its intention to pass the Human Rights Act, it was recognised that there could be disputes about the appointment of teachers in Church schools. So the School Standards and Framework Act 1998 introduced the designation of maintained schools 'with a religious character'. Subsequently an Order was made with a list of the 8,000 or so maintained Church of England and Roman Catholic schools (with a few others). Such schools have the right under the Act to choose heads and teachers 'whose religious opinions are in accordance with the tenets of the religion' of the school and to dismiss someone whose conduct is 'incompatible with the precepts, or with the upholding of the tenets, of the religion' of the school.

If the Act applies to maintained schools, how can it be applied to independent schools?

The new Regulations, already in force, extend to independent schools designated as having a religious character the freedoms enshrined in the 1998 Act. They will apply to a particular independent school once it is designated as having a religious character.

What evidence would require the DfES to designate the school as Church of England?

If he is satisfied that the school is conducted as a Church of England school, the Secretary of State must designate the school as having a Church of England character if the school has a trust deed or an instrument of government stating, for example, that education is offered in conformity with 'the rites, practices and doctrines' of the Church of England or the school has at least one governor appointed to represent the Church of England. It is not necessary for all the education in the school to be conducted according to Christian / Anglican tenets.

What if the evidence is unclear?

If the school applies to be designated, the Secretary of State has discretion and will take into account the nature of the education at the school and any representations made on behalf of the school by a religious body he considers appropriate.

If the school is designated as Church of England, does that mean we have to appoint practising Anglicans?

No. It means the governors in appointing a head and the head in appointing teaching staff will have the right in law to specify that they will only appoint - or that they would prefer to appoint - practising Anglicans or practising Christians - and to require that the person appointed will support the ethos of the school.

What about non-teaching staff?

Designation as a Church of England school does not entitle the school to discriminate on religious grounds in appointing non-teaching staff, even where those staff have a significant pastoral role. In such cases all schools, designated or not, would have to justify the discrimination as being on the basis of a genuine occupational requirement having regard to the nature of the employment or the context in which it is carried out. It may, however, be much harder in practice to justify religious discrimination where the school has not been designated as having a religious character.

Is this the thin end of some unseen wedge?

No. Independent schools are already subject to registration and inspection, either by the Independent Schools Inspectorate, if they are within the ISC umbrella, or by OFSTED.

Will our school be subject to a different inspection regime?

No. But it should help the ISI team recognise the ethos of the school.

What does the Church expect of us?

The 2001 Dearing report The Way ahead: Church of England schools in the new millennium, endorsed by General Synod, suggested that diocesan boards of education should create a stronger and more supportive relationship with Church of England-affiliated schools in the diocese and that, for example, an independent school representative should be invited to sit on the board of education.

What difference should it make being a Church of England school?

The National Society published recently some guidance on the Christian character of independent schools. Those who worked on the guidance included Peter Hullah, then headmaster of Chetham's School of Music Manchester and now Bishop of Ramsbury and Canon Bill Weaver of the Woodard Corporation.

How might we think more about the implications of leading a Church of England school?

Consultation and training is available through the Bloxham Project and the work of Bishop Peter Hullah with the National College for School Leadership to help heads understand where their own journey of faith sits alongside the foundation of their school and how they can be transformational leaders.

Isn't the National Society only concerned with maintained Church schools?

No. The objects of the Society are the promotion, encouragement and support of education in accordance with the principles of the Church of England. This is not restricted to education in schools, still less to education in maintained schools. The Independent Schools Council appoints a representative to the National Society Council, currently Mrs Honor Alleyne, and Bishop Peter Hullah is also a member. Several other members of the Council have strong links with independent schools. Canon John Hall, for example, is a Woodard fellow and a governor of a non-Woodard independent school, as well as sitting on the committee of the Independent Schools' Chaplains' Conference.

What is the National Society?

Founded in 1811 and established under Royal Charter, the National Society introduced education for the poor - the nation's children educated in the national religion by schools in union with the National Society. It was successful in introducing mass education in the days before state schools. The Society co-exists with the Church's formal structures for making education policy, under the leadership of the Church of England's Chief Education Officer, Canon Hall, and continues to support Church schools. To find out more, see About the Society.