Standing Advisory Council for Religious Education (SACRE)

Terms of Reference

 

THE ISLES OF SCILLY STANDING ADVISORY COUNCIL FOR RELIGIOUS EDUCATION  DRAFT CONSTITUTION 1. The Local Authority (LA) shall constitute a council known as the Standing Advisory Council for Religious Education for the Isles of Scilly (SACRE) pursuant to the requirements of the Act and the guidance of the Secretary of State and where there is any conflict between the provisions of the Act, as defined in 2 below, and this Constitution, the former shall prevail. 2. In this Constitution, unless the context otherwise requires: 2.1 any reference to anyone gender shall include all other genders and any reference to the singular shall include the plural and vice versa 2.2 subject to the provisions of this clause all expressions used in this Constitution shall have the same meaning as in the Act 2.3 Any reference to any clause or sub clauses is a reference to a clause or sub clause in this Constitution. 2.4 the following definitions shall apply: 2.4.1 "Year" means an academic year beginning. on 1 September in any calendar year and ending on 31 August in the following calendar year 2.4.2 "Act" means the Education Act 1996 and any subsequent Acts amending or replacing it, and any other statutory provisions relating to the Constitution or functions of Standing Advisory Councils for Religious Education by whatever name. 2.4.3 "LA" means the Local Authority of The Isles of Scilly 2.4.4 "SACRE" means the Council referred to in clause 1 of this Constitution 2.4.5 "Committee" means anyone of the representative groups of SACRE referred to in clause 4 of this Constitution 2.4.6 "Council" means Council of the Isles of Scilly 2.4.7 "School" means the school on the Isles of Scilly 2.4.8 "Representative" means a person appointed under clause 4 of this Constitution but not any other person. 2.4.9 "Meeting" means a Meeting of SACRE held in accordance with the provisions of the Constitution   2.4.10 "Chair" and "Vice Chair" means any person elected in accordance with the provisions of clause 7 of this Constitution. 3. FUNCTIONS OF SACRE 3.1 The main functions of SACRE are as follows: 3.1.1 To advise the LA upon such matters of religious education to be given in accordance with an agreed syllabus as the LA may refer to SACRE or as SACRE may see fit in the School. Without prejudice to the generality of the foregoing, such matters shall include in particular, methods of teaching, the choice of materials and the provision of training for teachers. 3.1.2 On a request of the Committees (other than Committee D), to review any agreed syllabus for the time being adopted by the LA. Each Committee shall have a single vote on the question of whether to require such a review. On receipt of such written notification of any required review, the Council shall cause a conference to be constituted in accordance with the Act to be convened for the purpose of reviewing any agreed syllabus to which the requirement relates. 3.1.3 To publish each year a report of the exercise of SACRE functions and any action taken by any Committee or sub-committee, during the last preceding year. 3.1.4 To send a copy of the report published under sub clause 3.1.4 to the Qualifications and Curriculum Development Agency. 4. COMPOSITION OF SACRE AND MEMBERSHIP 4.1. SACRE shall consist of four representative groups, each consisting of at least four persons, appointed by the LA to represent the interests described as follows so that the number of representative members appointed to represent each religious denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group's functions, broadly reflect the proportionate strength of that religious denomination or religion on the Isles of Scilly: Committee A: A group of persons to represent such Christian and other religious denominations other than the Church of England. This group shall include inter alia but not exclusively representatives of the Roman Catholic Church and the Methodist Church and religious denominations as, in the opinion of the LA, will appropriately reflect the principal religious traditions on the Isles of Scilly. Committee B: A group of persons to represent the The Church of England Committee C: A group of persons to represent such associations representing teachers as, in the opinion of the LA, ought to be represented having regard to the circumstances of the Isles of Scilly. Group D: A group of persons to represent the LA. This group shall have such representatives of the political groups of the LEA as is reasonably practicable.  4.2 SACRE may co-opt such further non-voting members as it deems necessary to fulfil its functions more effectively for such term not exceeding four years as SACRE may determine without prejudice to the renewal of such co-option in any particular case. Any person so co-opted shall hold office on such terms as may be determined by the members co-opting him provided that such members have not themselves been co-opted. 4.3 The LA shall be responsible for the appointment of members of the committees. Representatives shall be appointed for a term of four years (subject to clause 5) 4.4 Before appointing a person to represent any religion, religious denomination or association as a member of SACRE, the LA shall take all reasonable steps to assure itself that he is a representative of the religion, religious denomination or association in question. 5. REMOVAL OF MEMBERS 5.1 Any member of SACRE who is appointed by the LA may be removed from membership by the LA if, in its opinion, he ceases to be representative of the religion, religious denomination or association which he was appointed to represent or (as the case may be) he ceases to be a representative of the LA. 5.2 Any representatives of members who do not attend any meeting for a continuous period of twelve calendar months shall be deemed to have resigned from SACRE and the LA shall thereupon make any necessary appointments or re-appointments. 5.3 In the event of the death or express resignation of any representative or member of SACRE, the LA shall make any necessary appointments or reappointments. 5.4 In the event that any representative or member is unable to attend any meeting, that representative or member may appoint another person to attend. That other person may speak but not vote, and his presence shall not be deemed to be the presence of the representative or member who appointed him. 5.5 A member of SACRE may at any time resign his office. 6. SACRE MEETINGS 6.1 SACRE shall meet at least once each term at such date, time and venue as the Chair shall so determine on behalf of SACRE, and shall consider such agendas and reports as SACRE shall determine subject to the provisions of the Act and this Constitution.   6.2 Copies of the agendas and reports for any Meeting shall be available for inspection by members of the public at the offices of the LA as follows and an item of business may not be considered at a Meeting unless either:   a) a copy of the agenda including the item (or a copy of the item) has been available for inspection for the time required by this clause, or b) by reason of special circumstances (which shall be specified in the minutes) the Chair is of the opinion that the item should be considered at the Meeting as a matter of urgency. 6.2.1 any document required by this sub clause to be available for inspection shall be available at least three clear days before the Meeting unless the Meeting is convened at shorter notice, when any such documents shall be available for inspection from the time the Meeting is convened, and 6.2.2 where an item is added to an agenda, copies of which are available for inspection, copies of the item (or of the revised agenda) and the copies of any report for the Meeting, relating to the item shall be made available for inspection from the time the item is added to the agenda, but nothing in this section requires any such copy to be available for inspection until copies are available to members of SACRE. 6.3 Public notice of the time and place of a Meeting shall be given by posting it at the offices of the LA at least three clear days before the Meeting or, if the Meeting is convened at short notice, then at the time it is convened 6.4 There shall be access by the public and the news media to all Meetings but where a Meeting is open to the public SACRE shall have the power to exclude any person from the Meeting for the purpose of suppressing or preventing disorderly conduct or other misbehaviour. 6.5 While a Meeting is open to members of the public SACRE shall not have the power to exclude them from the Meeting nor duly accredited representatives of news media attending the Meeting for the purpose of reporting the proceedings (subject to paragraphs 6.4, 6.7 and 6.11). 6.6 Where a Meeting is open to members of the public and news media there shall be made available for them a reasonable number of copies of the agenda and subject to sub clause 6.7 below, of the reports for the Meeting. 6.7 If the Chair thinks fit, there may be excluded from the copies of reports made available at any Meeting, the whole of any report which, or any part of which, relates only to items during which, in his opinion, the Meeting is likely not to be open to the public. Where the whole or any part of a report is not to be available for inspection, every copy of the report (or of the part) shall be marked "Not For Publication". 6.8 After a Meeting, a copy of the agenda for the Meeting and a copy of so much of any report for the Meeting as relates to any item during which the Meeting was open to the members of the public; and a copy of so much of the minutes of Meeting as relates to any such item shall be available for inspection by members of the public at the office of the LA for a period of six years beginning with the date of the Meeting.   6.9 The right to inspect documents includes the right to make copies of, or take out extracts from, any such documents provided that the copyright in any work is not infringed. Where in accordance with the Act a) any document is made available for inspection by members of the public b) any copy of the document is provided by SACRE, or c) any copy of a document is made in accordance with sub clause 6.10, the publication of any defamatory matter contained in the document shall be privileged unless the publication is proved to have been made with malice 6.10 Copies of any agendas or reports for any Meeting shall only be provided to members of the public on payment of such fee (not exceeding the cost of supply) as SACRE thinks fit. The time period for providing such documents shall begin with the date of the Meeting to which it relates and end with the expiration of six years beginning with the date of the Meeting to which the copies relate. 6.11 The public may be excluded from a Meeting during any item of business whenever it is likely that, if members of the public were present, confidential information will be disclosed and nothing in the Act should be taken to authorise or require SACRE to disclose confidential information. The term confidential information shall mean: 6.11.1 any information furnished to SACRE (or to any Committee or  sub-committee) by a government department or public authority or body upon terms (however expressed) which forbid the disclosure of the information to the public; 6.11.2 information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court; 6.11.3 information relating to any person which it appears to SACRE ought not to be disclosed to the public; 6.11.4 information relating to any legal advice sought or received by SACRE and in this paragraph "information" includes any expression of opinion, any recommendation and any decision taken. 6.12 The quorum of a Meeting shall be at least five with one representative from each Committee 6.13 Voting upon any matter other than that of the election of the Chair and Vice Chair, shall be by Committee only, save that the Chair shall have a casting vote in the event of an equality of votes. 7. CHAIR AND VICE CHAIR 7.1 Subject to the right of the LA to appoint a Chair, SACRE shall elect from within its membership a Chair and Vice Chair each Year at a Meeting in the Spring term and, once elected, each shall serve until he resigns, dies or is replaced in accordance with this clause.   7.2 The election of the Chair and Vice Chair shall be by the majority vote of all representatives present, voting individually, and not by Committee vote. 7.3 The Chair and the Vice Chair shall each be a representative on SACRE but need not be from any particular Group. The Chair and Vice Chair shall not be from the same Group. The Chair shall take and preside over any Meeting of SACRE and his ruling on any dispute as to procedure, entitlement to speak or to vote or as to the result of any vote shall be final and binding. 7.4 If at any relevant time there is no Chair or the Chair is unable or unwilling to act, the Vice Chair shall exercise all or any of his functions under this Constitution. 7.5 If at any Meeting there is no Chair or Vice Chair present, able or willing to take the Chair, the Meeting shall elect a Chair for the Meeting who shall exercise all the functions, powers and duties of the Chair for the duration of the Meeting. 7.6 On an equality of votes as to the election of a Chair or Vice Chair or any Meeting, the election shall be determined by lot in accordance with arrangements made by the Clerk to SACRE. 7.7 In the event of a casual vacancy, by way of death or resignation, in the office of Chair or Vice Chair, SACRE shall fill the office at its next Meeting and any person holding such office under this clause shall hold office until the next Meeting where an election would occur under normal circumstances under clause 7.1. 8 LA DUTIES 8.1 Sufficient resources shall be made available from the LA to enable SACRE to discharge its functions under statute and this Constitution including the provision of any necessary supply cover for teachers who are representatives on SACRE when Meetings are held in teaching time; travel and subsistence expenses, materials and publication costs, and the cost of training of SACRE members in their work. 8.2 SACRE shall be advised by the Adviser for Religious Education, who will also prepare the agenda and report for Meetings in accordance with the provisions of this Constitution, any resolution of SACRE or the Chair and any guidance by the Clerk of SACRE. 8.3 The Clerk of SACRE shall be the Head of Paid Service of the LA (at present the Chief Executive) under the provisions of the Local Government and Housing Act 1989 and the legal adviser shall be the Solicitor of the LA. Each shall have the right to delegate his functions. 8.4 SACRE may call upon the services of any other officers of the LA as they may reasonably require to carry out their duties. 8.5 SACRE may appoint and at any time remove and/or replace such other honorary officers as it deems fit. 9 COMMUNICATION OF ADVICE FROM SACRE 9.1 The advice of SACRE to the LA shall be communicated to the Director of Children’s Services of the LA by the Adviser for Religious Education.   9.2 Minutes of the Meetings shall be reported to the Executive Committee of the LA by the Clerk of SACRE. 9.3 The Minutes of the Meeting shall be available to the public, except for items where the public was excluded from the relevant Meeting, or part thereof under the provisions of clause 6. 9.4 The advice of SACRE to the LA shall be made available to the School, the Qualifications and Curriculum Development Agency and the appropriate Secretary of State by the Adviser for Religious Education. 9.5 The SACRE annual report which shall be sent to:

the LA shall be sent the Chair of Governors and Headteacher of the Schools the Qualifications and Curriculum Development Agency the Secretary of State local teacher training institutions and other interested parties as directed by SACRE in addition to making it available for public inspection.

  The annual report must include, in particular, details of any specific matters on which SACRE has advised the LA, broadly describing the nature of the advice given and setting out the reasons for offering advice on any matters which were not referred to SACRE by the LA in the first instance. 10. CHANGE TO CONSTITUTION 10.1 This Constitution may only be changed by the LA and then only with the agreement of all the Committees or in compliance with the statutory requirements. 11 GENERAL 11.1 Subject to the provisions of this Constitution and any statutory enactment, SACRE and, in relation to any question falling to be decided by members of SACRE of any particular category, the members of that category, may regulate their own proceedings as they think fit but, subject hereto, any appropriate Standing Orders or other procedures of the LA shall apply. 11.2 The validity of the proceedings of SACRE or of the members of SACRE of any particular category shall not be affected

a)      by a vacancy in the office of any member of SACRE, or

b)      on the ground that a member appointed to represent any religion, religious denomination or association does not at the time of the proceedings represent the religion, religious denomination or association in question.   12 DETERMINATIONS OF SACRE 12.1 Due to the denominational nature of the School on the Isles of Scilly SACRE only has a remit in relation to Religious Education and not Collective Worship and therefore could not make a determination if requested as the proper authority in this matter would be the School’s own governing body. 13. COMPLAINTS AGAINST THE CURRICULUM 13.1 If the LA was to receive a complaint against the School in relation to the delivery of the curriculum as set out in the Agreed Syllabus the LA would refer this to the SACRE. The SACRE would ask the Advisor for Religious Education to investigate this matter to produce a report for SACRE in the first instance and then for the LA. The LA would consider the advice of the SACRE and act appropriately in relation to its own statutory duties and responsibilities.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/190260/DCSF-00114-2010.pdf   SACRE membership   A Standing Advisory Council for Religious Education (SACRE) is a body appointed by the local authority to advise it on religious education (Education Act 1944 Schedule 5; Education Reform Act 1988 s.11). A SACRE is made up of four groups:  

A.      such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

B.      except in the case of an area in Wales, the Church of England;

C.      such associations representing teachers as, in the opinion of the authority, ought, having regard to the circumstances of the area, to be represented; and

D.     the authority;   (Schedule 5 of the Education Act 1944 as Amended by The Education Reform Act 1988 and Education Act1993)   In order to ensure that SACRE is representative in terms of the legislation it expected that the local authority will approach those groups that it has identified to request a nomination, or nominations, for representatives on the appropriate SACRE group. In terms of the Isles of Scilly it is practice to approach the following for nominations:  

A.      the Methodist District and the Roman Catholic Diocese of Plymouth

B.      the Diocese of Truro

C.      the Five Islands School

D.     the Council of the Isles of Scilly   The local authority does not have to appoint a nominated person and may ask for another person to be nominated. Likewise it may remove a member of SACRE if it believes that the said person no longer represents the body they were nominated to represent. In such a case it would seek another nomination.   It should be noted that Group C is represented by the Five Islands School but that this is not strictly in keeping with the legislation. The intention of the legislation is that teacher associations (unions) should represent the interests of teachers on SACRE not a school, as this could lead to conflicts of interest. Therefore it is recommended that the Council of the Isles of Scilly review this practice. Likewise the local authority has the right to appoint members of Group A from other Christian denominations and other religious traditions if it believes that such members would offer particular insights into religious education and collective worship. These can be brought in from outside of the authority if it is felt that it would benefit SACRE. In such a case it would be normal to appoint more members from the Christian denominations represented on the Isles of Scilly to ensure that votes taken during SACRE meetings are not unduly affected by people who do not live within the bailiwick of the Isles.   A SACRE does have the option to co-opt members if it believes that a co-option would benefit its discussions. Co-opted members of SACRE cannot vote as only members of SACRE appointed by the local authority have that right. (Education Reform Act 1988 s.11(3)(b) s.11(3) and s.13).