Atheist parents are taking their children's primary school to the High Court, claiming that biblical re-enactments and praying in assembly are a breach of their human rights.

Lee Harris and his wife Lizanne have won permission to bring a judicial review against Oxford Diocesan Schools Trust (ODST) after arguing that Burford Primary School is acting “unlawfully”.

They allege that since ODST took over the running of the community school in 2015, they noticed “harmful aspects of evangelism spreading into assembly” and other parts of their pupils' education.

In the first case of its kind, the parents are arguing that this interferes with their children's right to receive an education “free from religious interference”.

ODST is a multi-academy trust that runs 33 schools, all of which are Church of England bar four, including Burford Primary, which are designated as non-religious “community schools”.

The trust says on its website that it “operates within the family of the Diocese of Oxford” adding: “We are motivated by our Christian values to serve our local communities, but we do not impose those values”.

Humanists UK, which is supporting Mr and Mrs Harris, believe this will be a test case to challenge schools which hold a daily act of Christian worship without providing a suitable alternative for non-Christians.