SACRE guidance on determinations (collective worship)
Date of guidance: June 2026
Purpose of this guidance
This document provides clarity for SACRE members and schools on the current legal position and process for applications relating to exemption (determinations) from the requirement for collective worship, particularly in light of changes following the absorption of the ESFA into the Department for Education (DfE).
It should be used to ensure consistent, lawful advice is given to schools and academies in Luton.
Legal background
Under current legislation:
- a determination allows a school to vary the statutory requirement for daily collective worship of a broadly Christian character
only a local SACRE has the legal power to grant a determination, and only for maintained (community) schools
Maintained / community schools
What SACRE can do
SACRE may consider and grant a determination for:
- maintained community schools
- maintained foundation schools (where applicable)
Process for maintained schools
- The school submits a request to Luton SACRE.
- SACRE considers the application under its agreed procedures.
- If approved, the determination is granted for a fixed period, after which the school must reapply.
This process remains unchanged.
Academies and academy trusts
What SACRE cannot do
SACRE cannot grant determinations to:
- academies
- free schools
- schools that are part of an academy trust
This includes situations where a school:
- was previously maintained and has since converted
- is reapplying after academy conversion
When a school becomes an academy
When a maintained school converts to an academy, determinations must be addressed as part of the academy trust arrangements.
Once part of a trust, matters relating to collective worship fall under the DfE’s oversight, not the local SACRE.
Any request regarding collective worship must be discussed with the school’s DfE regional lead.
Department for Education (DfE) position
The Education and Skills Funding Agency (ESFA) no longer operates a separate public application process.
Responsibility now sits fully with the Department for Education (DfE).
At present:
- the DfE is reviewing the law around collective worship
- NASACRE chairs are actively working with the DfE on this issue
- there is no replacement ESFA form currently available
Schools and academies should therefore be advised that:
- there is no SACRE route for academies
- there is no standalone public DfE form at present
- the correct route is via the DfE regional lead
Summary: correct advice to give schools
List showing determination routes for each school type:
- maintained schools: apply to Luton SACRE
- academy / free school: SACRE has no role - contact DfE regional lead
- academy trust: SACRE has no role - contact DfE regional lead
Key messages for SACRE members
- SACRE’s determination powers are strictly limited in law
- SACRE must not accept or consider applications from academies
- Clear signposting avoids confusion and protects SACRE from acting ultra vires
- This position may change in future, subject to DfE legislative review
Review of this guidance
This guidance should be:
- reviewed if the DfE publishes new statutory guidance
- updated following any legislative change to collective worship requirements