Westminster Policy News & Legislative Analysis

SI 2025/1311: two independent schools gain religious character

The Department for Education has made the Designation of Schools Having a Religious Character (Independent Schools) (England) (No.2) Order 2025 (S.I. 2025/1311). Signed on 12 December 2025 and in force from 13 December 2025, the instrument is made under section 69(3) of the School Standards and Framework Act 1998 as applied to independent schools by section 124B, following the 2003 designation procedure regulations. It extends to England and Wales.

The Order designates two independent schools as having a religious character. St Thomas of Canterbury CE Primary School (EX17 6QE) is designated as Church of England. Edullect Academy Independent School (RM3 8SB) is designated as Islam. The Order records the denomination ‘in accordance with whose tenets education is provided, or the school is conducted’ for each institution, giving formal recognition to the stated ethos.

Alongside the new designations, the instrument revokes historic entries from earlier designation orders. Entries are removed for Queen Margaret’s School (YO19 6EU), St Joseph’s Convent School (BB12 6TG), Barlborough Hall School (S43 4TJ), Bishop Challoner School (BR2 0BS), Mount St Mary’s College (S21 3YL), St John’s Beaumont (SL4 2JN), Rydes Hill Preparatory School (GU2 8BP), Fulneck School (LS28 8DS), Ilford Ursuline Preparatory School (IG1 4QR) and Our Lady’s Convent Senior School (OX14 3PS). The Explanatory Note states these revocations relate to schools that have closed or are no longer to be designated.

Designation is an administrative recognition rather than a route to acquire or change religious status. It acknowledges existing features of the school or its governing body set out in the Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003. The Order itself does not alter curriculum or admissions duties; it updates the official list and confirms each school’s denominational statement.

For employment law, section 124A of the School Standards and Framework Act 1998 applies to designated independent schools. In plain terms, proprietors may take account of religion when making specified employment decisions for teaching staff. This can include giving preference in appointments or promotions to candidates who share the school’s faith or who are willing and able to teach religious education in line with that faith. The same section permits consideration of conduct that is incompatible with the school’s faith when handling dismissal decisions.

The latitude under section 124A is specific and bounded. It applies only to teaching posts and must be exercised in line with wider employment and equality law. Non‑teaching roles are outside scope. Schools should ensure any faith‑based criterion is connected to the duties of the particular teaching role, explain this clearly in recruitment materials, and keep a documented rationale and evidence for decisions.

For leadership teams, immediate implementation is procedural. Update recruitment and HR policies to reflect the designation for teaching roles, refresh template job descriptions and adverts to reference the school’s faith where relevant, and brief panel members on when and how religious considerations may be applied. Consistent decision‑making, clear records and proportionate application remain essential.

The Order applies to independent schools in England and was signed on behalf of the Secretary of State by Susan Whitehouse, Deputy Director, on 12 December 2025. No full impact assessment has been produced; the Explanatory Note states that no significant impact on the private, voluntary or public sectors is foreseen.