Father fails in discrimination case over daughter who opted out of religious classes 

WRC adjudication officer Breiffni O’Neill said he was satisfied the arrangements by the school for students opting out of religion was transparent. Picture: Colin Keegan/ Collins 

A father has failed in his claim that his daughter suffered discrimination from her school’s failure to allow her to participate in alternative classes after she opted out of religion classes.

The man alleged the school had breached the Equal Status Act on grounds of religion.

In a case at the Workplace Relations Commission (WRC), he argued his daughter was receiving an inferior education to her sister, who did attend religious education classes.

The man told the WRC his daughter exercised her rights under the Constitution as well as the Education Act 1998 not to attend religion class.

However, he claimed the school had not complied with a requirement of the Education (Admission to Schools) Act 2018 to publish details of its arrangements for any student who had decided not to attend religion class.

The WRC heard the school’s admission policy stated a meeting would be arranged with the relevant parents to discuss how such students might be accommodated.

The man proposed his daughter should be allowed to attend one of the alternative classes for her year because the content of her religion class was contrary to her conscience.

He pointed out his older daughter had been facilitated in such a manner.

However, he claimed the school had refused to allow his younger daughter to swap classes, even though it would not have required any additional school resources.

Instead, he said his daughter was unlawfully and unconstitutionally forced to remain in the religion class where she cannot participate in any educational activity.

The father said this resulted in her receiving two hours less education per week than another of his daughters who does attend religion class.

The school’s principal told the WRC the school did not accept a lesser service was being provided to the daughter who does not attend religion class as she is entitled to study other subjects during such classes.

The principal claimed the father had a misunderstanding of the law and  the school was entitled to provide religious education but individuals are also entitled to opt out of that programme.

The principal argued if the girl was to receive more mainstream education than her other sister, it might expose the school to claims from other parents that non-religious students were getting an additional benefit.

The school informed the WRC there were also students who opt out of other subjects like Irish, French and science for various reasons and they do not swap into other classes as it would have the potential “to create chaos".

In a preliminary ruling, the WRC found the father had locus standi to pursue the case on behalf of his daughter.

However, the WRC said he had failed to provide any supporting evidence to show any legislation explicitly requires schools to offer alternative classes or additional tuition to students who opt out of religious studies.

WRC adjudication officer Breiffni O’Neill said he was satisfied the arrangements by the school for students opting out of religion was transparent.

Mr O’Neill said the evidence the school engaged in a conversation with the student and their parents about arrangements for the time religion classes were held constituted “a reasonable approach” that did not breach its transparency obligations under the legislation.