Recommendations to Preserve Religious Education and Autonomy under the Children’s Wellbeing and Schools Bill

Proposals for Tailored Standards, Faith-Based Oversight, and Interim Measures to Safeguard Haredi Education

APPENDIX D

Recommendations

1. While this is not an ideal solution, the combination of the Bill’s progression through the legislative process, the potential impact on our community, and the lack of alternatives to protect our educational autonomy leaves us with no choice but to reluctantly present the following constructive proposal.

2. We propose that local authorities should be given precise guidance as to the value and nature of religious education, so as to prevent direct or indirect discrimination which would render the whole process unlawful under the ECHR. One way of doing so is by introducing a clause in the Bill reflecting the distinctive nature and value of Haredi education and requiring local authorities to approach religious education with fairness and impartiality.

3. This may be an amendment to the provision concerning the content of ‘suitable education’. We propose an amendment by way of a new subsection (4) to s. 436A of the 1996 Act, which will state:

(4) In the case of education provided under established traditions of religious communities, the term ‘suitable education’ will be interpreted in light of the relevant context and will reflect the religious priorities of those communities in light of the clear preferences of a child’s parents. The definition of ‘suitable education’ should be based on the outcomes-driven nature of the Haredi education system.

4. Furthermore, all settings where strictly Orthodox Jewish children receive education (e.g., Yeshivas, other part-time educational institutions, and clubs) and fall under the scope of the duty to register a) can be subject to the oversight of a specialist independent inspectorate with expertise in religious and especially Haredi education and; b) operate in accordance with suitably amended and tailored Religious School Standards, specifically designed to accommodate the integrated and outcomes-driven nature of the strictly Orthodox Jewish education, developed in full cooperation with the strictly Orthodox Jewish community.

5. The consideration of this Bill does not allow any time let alone sufficient time for these matters to be properly considered. Thus, the Bill must be amended to allow for a new process of review of the independent school standards and for the creation of such a faith-based inspectorate, before faith-based institutions can become subject to potentially existential regulation. While this review is underway, the provisions of the Bill as set out in clauses 25, 26 and 30 shall not apply to any settings where strictly Orthodox Jewish children receive education, and these settings will not be subject to registration.

6. This can be achieved by introducing the following four amendments.

7. First, we propose that the government add to the proposed list of “excepted institutions” that are listed in s92(9) of the 2008 Act the following words: “any strictly Orthodox Jewish institution providing teaching in conformity with religious and philosophical convictions (“a faith-based institution”)”. This definition intentionally echoes the wording within Protocol 1, Article 2 of the European Convention of Human Rights.

8. Second, a power should be created for the Secretary of State by regulations to amend s92(9) to remove strictly Orthodox Jewish institutions.

9. Third, in deciding whether to exercise that power, the Secretary of State must be required to give due consideration to:

a. Whether to exercise their power under s106(1) of the 2008 Act to approve an independent strictly Orthodox Jewish inspectorate.

b. Whether to exercise their power under s170(2)(b) to amend the Education (Independent School Standards) Regulations 2014 made under s94 to apply different educational standards to strictly Orthodox Jewish institutions.

10. Fourth, the s106 of the 2008 Act, should be amended to add a further sub-section stating:

“The Secretary of State shall in deciding whether to approve an independent strictly Orthodox Jewish inspectorate in exercise of their power under subsection 1 have regard to the importance of promoting the perspectives of practitioners of religious education within the regulation of independent educational institutions”.

11. If this interim solution is adopted, it will provide time for the Haredi Community to come together in order to set up a new ‘Strictly Orthodox Jewish Education Inspectorate’ (SOJEI) under s. 106 of the 2008 Act and following carefully the Departmental Advice of September 2014.

12. If the Government intends to introduce such a system of registration, it should not apply to Orthodox Jewish pupils attending Yeshivas, other part-time educational institutions, and clubs serving the Haredi community until these establishments come within the scope of inspection by a dedicated Haredi educational inspectorate, as outlined above in this appendix, specifically in paragraphs 2 to 11 of this submission.

13. While the new Inspectorate is being established, Haredi families should not be subject to the oppressive practice of registration as they continue with their existing educational arrangements. Once Yeshivas and other faith-based part-time institutions are formally registered as independent educational institutions, they can adapt their outcome-based educational model accordingly.

14. We therefore propose the following amendment under clause 25 to the proposed s. 436B of the Education Act 1996 so that there should be a new sentence (f) to subparagraph (7) as follows:

436B ‘Duty to Register children not in school’

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(7) In this section “relevant school” means –

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(g) any strictly Orthodox Jewish institution providing teaching in conformity with religious and philosophical convictions (“a faith-based institution”) for the period of time beginning when this Act comes into force and ending at the time when the Secretary of State approves a Strictly Orthodox Jewish education inspectorate to oversee registered independent educational institutions that follow the Strictly Orthodox Jewish tradition, under s. 106 of the Education and Skills Act 2008.

15. SOJEI will aim to establish an independent and robust framework for overseeing the Haredi education system, firmly rooted in and building upon the Haredi community’s proven educational outcomes. The SOJEI framework will reflect the unique values and traditions of the Haredi educational system while ensuring transparency, accountability, and alignment with the broader goals of producing responsible and productive citizens.

16. Its oversight mechanisms will be guided by community-led standards, ensuring that the unique needs of the community are safeguarded while maintaining a commitment to transparency. For instance, these tailored standards could incorporate the outcomes-driven approach of Torah studies, evaluated through bespoke measures developed in close collaboration with the strictly Orthodox Jewish community.

17. SOJEI will be independent from the schools it will be overseeing. Its objectives will be: a) to safeguard the welfare of children, based on and building upon the Haredi community’s proven safety track record; b) to ensure that the education provided aligns with the pre-defined framework and safeguarding measures established during the inspectorate’s creation; c) to review the outcomes of Haredi education system; d) to protect the autonomy of the Haredi education system; e) to demonstrate accountability and transparency to government stakeholders; and f) to cultivate a cooperative relationship between the strictly Orthodox Jewish community and government-appointed officials.