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Forum Home  →  Discussion  →  Income support, JSA and tax credits  →  Thread

JS Direction to attend course in a church - client is atheist

Andrew Dutton
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Welfare rights service - Derbyshire County Council

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This is intriguing… claimant has received a JS Direction mandating him to attend a ‘media’ course run by Stanguide (WTW company I’ve not heard of before)

He is willing to attend such a course but objects to the venue - a church, as he is an atheist and does not wish to enter any religious building . JC+ say that he must go, or be sanctioned.

His CC does not have anything in it about his non-belief, but then again this didn’t come up when he signed on. I’ve looked up the church in question to see if it has specialist facilities for such a course in perhaps a non-church building, or part of the building with no religious function but no joy.

I can see that JC+ will sanction and will argue that the course had no religious content and a venue is just a venue.

Any thoughts as to whether the JS Direction is ureasonable?

Cordelia
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Welfare rights officer - Wrexham Council Welfare Rights Team

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I’m not sure why he would object to the venue.  After all, from an atheist point of view there is no “God” inhabiting the building, its just another place.  Maybe if he was a druid or a Satanist he could claim his religion forbids him to enter a Christian space.

If he wants to make a point about equal treatment of atheists and religious people, this fails because the DWP can mandate religious people to attend secular venues e.g. Jobcentres.

Does he object to tacitly supporting a religion i.e. are the church being paid for the hire of the room?  I would have some sympathy with this but I doubt he could convince a tribunal.  It would be a bit like me refusing to attend a course because the housekeeping staff at the venue were on zero hours contracts….

There may be some people who have had such traumatic experiences in religious environments that they would be traumatized by going into a church building, but that is a different issue altogether.

If the course had religious content I would agree that it shouldn’t be forced onto unbelievers but from what you say that isn’t the case here.

ClairemHodgson
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Solicitor, SC Law, Harrow

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ii’m an atheist but regularly go into churches and cathedrals - they are beautiful buildings and examples of the relevant architecture from whatever period they were built, whatever one thinks of religion in general or specifically.  i have’ also been in the odd mosque (aghia sophia in Istanbul, in particular), a sikh temple, and would happily go into any other religious building.

unless someone is forcing him to be proselytised…... he’ll have to go.

Elliot Kent
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Shelter

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I think the answer turns on whether your client is a basic atheist (doesn’t believe in God but nothing in particular flows from this) who thinks it is a bit rich for the secular state to be ordering him to attend a religious venue or if he, for whatever reason, has a particular, durable & genuine belief that would prevent him from entering onto religious premises.

If it’s the former, then I agree there is little argument.  If its the latter, then there could well be a strong case under Article 9.

Would be refuse to enter a church for, say, his best friend’s wedding?

Mike Hughes
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Senior welfare rights officer - Salford City Council Welfare Rights Service

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For completeness…

http://www.standguide.co.uk/stanguide-is-awarded-new-contracts

Interesting case. I can’t see an immediate EA 10 or HRA argument but if they were to make the complaint that could potentially open up a victimisation claim if they were then sanctioned.