A LEGAL bid to give pupils a say in opting out of religious observance in Scottish schools has been scrapped amid plans to consult pupils about statutory worship.

The Humanist Society had sought a judicial review at the Court of Session in Edinburgh for a change to current rules which let only parents to opt out on their children's behalf.

But it has emerged that the Scottish Government has sent new guidance to all headteachers in Scotland making clear that children and young people should be involved in decisions about religious observance in their education, in the wake of the HSS action.

The HSS, a charity for non-religious people in Scotland, said while they welcomed the move, but it did not go far enough.

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They revealed that the part of their legal bid to gives pupils the independent statutory right to say 'no' to religious observance had to be put off because they were advised that they could not take action by proxy on behalf of young people.

The HSS is now planning to recruit a pupil to take a new action with their backing to ensure they have the right to opt out.

Until now, in Scotland, all young people require parental permission to pull out of religious observance, unlike England and Wales where sixth form pupils - typically aged between 16 and 18 - have the right to opt out.

The law which governs religious observance, originally dating from 1872, has not been updated since 1980 and until now the latest guidance from the Scottish Government was issued in 2011.

The HSS court action followed a ruling by the United Nations Children's Rights Committee which raised concerns that children in Scotland do not have the right to withdraw from "collective worship without parental permission". It recommended the existing parental right to opt out of religious observance should be extended to young people.

HSS chief executive Gordon MacRae said: "The updated guidance gives young people in Scotland a voice, but not yet a choice, when it comes to their participation in religious observance in state schools.

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"Scottish ministers are to be congratulated on this new guidance and for responding positively to the court decision to consider our Judicial Review last year.

"We were happy to agree a pause proceedings last December to allow them to take action and today's guidance is a clear step in the right direction in the protection of young people's human rights."

But he added: "We remain disappointed that court has not had an opportunity to consider our view, backed by expert legal opinion, that the current religious observance requirements in the classroom is incompatible with young people's article 9 human rights to freedom of thought, belief or religion.

"HSS is now working with a number of young people to seek the earliest possible opportunity to support representations based on this human rights argument."

Deputy First Minister John Swinney said: “We have strengthened school guidance to make clear that children and young people should be involved in decisions about religious observance in their education, following consultation with key stakeholders including Humanist Society Scotland.

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“We will keep the underpinning legislation under review as it remains important that schools support the values of a diverse, outward-looking Scotland. This is a key part of encouraging young people to develop their own beliefs and values and build an understanding and respect for the beliefs and values of others.”

In non-denominational schools, assemblies are the most common form of religious observance, but schools are expected to draw a clear distinction between these and others celebrating pupil success

In Catholic schools pupils participate in prayer and reflection in classrooms and assemblies.

At other times chaplains will lead school communities in the celebration of Mass and other forms of liturgical celebration.

A YouGov survey last year showed that more than one-third (38 per cent) of Scots adults believe that there should not be a place for worship in the school curriculum.

A further 17 per cent of Scots said their preference would be for observance to continue but for children to be able to opt out, even without parental consent.

Since 2005, Scottish schools have been required to make parents aware they can remove their children from religious education and observance.

According to the 2011 Census Scotland is moving away from Christianity. Figures showed 54 per cent saw themselves as Christian - down 11 per cent on 2001.