Parental Involvement in Teaching: Equality Act
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The Minister for School Standards (Nick Gibb)
This has been an extraordinary Adjournment debate and, Mr Speaker, worth your waiting 10 years in the Chair to hear, I would argue.
There were powerful speeches by the hon. Members for Birmingham, Erdington (Jack Dromey), for Cardiff South and Penarth (Stephen Doughty), for West Dunbartonshire (Martin Docherty-Hughes), and for Rhondda (Chris Bryant), with a powerful and moving speech by the hon. Member for Wallasey (Ms Eagle), who was right that we were not going to allow another generation of children to go through what previous generations endured. As the hon. Member for Rhondda said, what is wanted is not to be tolerated but to be respected or, as the hon. Member for Wallasey said, plain, simple decency.
There were well argued and persuasive speeches by the hon. Member for Birmingham, Northfield (Richard Burden), the right hon. Member for East Ham (Stephen Timms), and the hon. Member for Brighton, Kemptown (Lloyd Russell-Moyle). I listened carefully to the speech by the hon. Member for Birmingham, Hall Green (Mr Godsiff), who opened the debate.
This Government agree that parents, as the primary educators of their children, should be involved in their child’s education in schools. The Government trust schools to deliver a broad and balanced curriculum that will prepare pupils for life in modern Britain, and we firmly believe that proper dialogue between schools and parents supports mutual understanding and ultimately benefits the progress of pupils. Schools should in particular consider whether aspects of their curriculum may be sensitive to the parents of their particular cohort and, if so, should ensure that they have properly engaged them on this content. But we must also remember that schools have been given the responsibility to educate, and ultimately it is for schools to decide what is taught, and how.
Equality for all is written into our laws. The Equality Act 2010 provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It provides Britain with a discrimination law that protects individuals from unfair treatment and promotes a fair and more equal society. Schools are required to comply with the relevant requirements of the Equality Act. Chapter 1 of part 6 of the Act applies to schools. As an example, part 6 of the Act makes it unlawful for a school to discriminate against, harass or victimise a pupil or potential pupil in relation to admissions or in how the school is run. The content of the school curriculum is exempt from the duties imposed on schools by part 6 of the Equality Act. Excluding the content of the curriculum ensures, as the hon. Member for Birmingham, Hall Green pointed out, that schools are free to include a full range of issues, ideas and materials in their syllabus and to expose pupils to thoughts and ideas of all kinds, however challenging or controversial, without fear of legal challenge based on a protected characteristic.
Schools are, however, subject to the public sector equality duty in section 149 of the Act, which means that in discharging their functions they must have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Act, and have due regard to the need to advance equality of opportunity and foster good relations between persons who share a relevant protected characteristic and persons who do not share it. Relevant protected characteristics are age; disability; gender reassignment, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
We know that many schools choose to teach pupils about the Equality Act and the protected characteristics in the context of duties on schools, such as the requirements to promote fundamental British values and the spiritual, moral, social and cultural development of their pupils. Schools are perfectly entitled to teach about the Equality Act in this context, and the Department thinks it is right that pupils leave school with a proper understanding of the importance of equality and of respecting difference. To answer the question on age appropriateness asked by the hon. Member for Birmingham, Hall Green, schools that choose to teach about the Equality Act and protected characteristics should of course consider the age appropriateness of all elements of this and plan their curriculum accordingly.
That crucial need to respect difference would of course be a simple expectation of members of our society were all differences easily compatible. The true test of the concept of respect for difference lies in cases where our differences may appear to bring us in direct conflict with others. The fundamental expectation that we respect other people is therefore at times hard to achieve and all the more crucial for it. This has been seen in action in recent months, as some differences have seemed to divide us. We have seen protests from parents relating to the teaching of equality in our schools, with a particular focus on teaching lesbian, gay, bisexual and transgender content. The media would like to portray this as religion versus LGBT. I do not doubt that some people on both sides of the debate, without links to the schools involved, are exploiting the situation due to their own lack of tolerance for the other side, but I truly believe that, for the majority, there is a real respect for their fellow citizens who are different from them.
Central to this debate are deeply held views on what is right to teach children about LGBT people and relationships at different ages.
Ms Angela Eagle
Is the Minister as worried as I am about the emerging evidence of an organised campaign to disrupt the introduction of RSE in schools, which is now spreading from Birmingham to other places? Will he reassure us that his Department will crack down on those attempts with the utmost determination?
Nick Gibb
This Government, supported by Members on both sides of the House, introduced the regulations making RSE compulsory in schools—an amendment to the Children and Social Work Act 2017 introduced that requirement.
Today, we are publishing the final version of the guidance, which was put out for consultation. We are determined to press ahead with this policy, which has been carefully crafted with help from across the House. Individual Members helped us to devise and write the policy; Ian Bauckham, an experienced headteacher from Kent, helped us to draft the guidance; and, of course, officials from the Department for Education worked extremely hard in crafting the guidance. We will, of course, press ahead with the policy.
Tom Brake (Carshalton and Wallington) (LD)
I apologise for not being here for the earlier part of the debate, but I am pleased to have arrived in time to hear the hon. Members for Wallasey (Ms Eagle), for Cardiff South and Penarth (Stephen Doughty) and for Rhondda (Chris Bryant), who encouraged me to stay to the end.
I have a specific follow-up question on the point raised by the hon. Member for Wallasey. What, precisely, are the Government able to do to counter what appears to be an organised campaign? For instance, can the Minister provide materials to Members of Parliament, such as me, who are now getting representations on this issue from, in my case, a local mosque?
Nick Gibb
We will certainly be providing materials to schools, together with the guidance published today, on how to consult and engage with parents on this issue. At Education questions yesterday, the Secretary of State made clear his view on the importance of teaching about LGBT issues in schools, including primary schools, and I have written articles, and so on. We will continue to make the case for the importance of RSE.
Chris Bryant
I think we are all excited by the Minister moving slightly leftwards, and I am grateful to him. Is it not also worth pointing out the irony that many parents who are particularly concerned about their children growing up might want to know that good sex and relationships education nearly always leads to children delaying their first sexual experience, making fewer risky decisions when they do so and making more informed choices? Surely that can only be in the interests of every single child.
Nick Gibb
The hon. Gentleman is absolutely right, and he puts it better than I could. He will have seen the guidance, which was published in draft and is now in its final form, and it sets out the important aspects of all the issues he has cited and what we believe should be taught in our schools.
Stephen Doughty
I press the Minister a little further on the points raised by my hon. Friends about the organised campaign against the introduction of guidance. As I mentioned in my speech, I have seen a guide from an organisation called Islamic RSE that advises parents to get into governance bodies and tells them how to handle headteachers and how to do this and that in quite a cynical way. I have also seen a deeply misleading form letter attacking the Government’s entire policy.
Does the Minister have any plans to issue guidance to schools about this orchestrated campaign and, indeed, to work with the Welsh and Scottish Governments, who will undoubtedly experience this, too? I have raised this with officials in my own city.
Nick Gibb
I am happy to work with the hon. Gentleman. Of course, we work with the devolved Administrations on this and other issues in relation to education. The guidance was carefully crafted to build the widest possible consensus for this policy, which is why it went through this House with an overwhelming majority and the other House without a Division. Those people who are opposed to it are at the other end of that consensus. I am afraid that it is unlikely that we will bring those extreme ends of the debate into that consensus, but I am very content that we have secured the support of the Catholic Church, the Church of England and organisations such as Stonewall for the guidance we have created.
Lloyd Russell-Moyle
I thank the Minister for describing the people who have objections as being at the real fringes. The difficulty is that if there is a requirement on headteachers to consult, and that opens the door for these fringe elements to hijack and disrupt, how should headteachers respond? Will the Department issue guidance to prevent that from happening? Will he ensure that even when consultation happens, it is not consultation with a veto by those fringe groups, but consultation to bring people along, as this is happening and it is not a question of if, when and how; this is just so that everyone can understand how. That is what we mean by consultation in this case. This is a bit unclear.
Nick Gibb
I will come to these points later in my comments, but let me say that consultation is not a vote. Ultimately, the decision about the content of the curriculum is for schools, and as I have said, we are today issuing materials, with the final version of the guidance, to schools to help them in the process of engaging with parents. But I listened to the comments about campaigning and standing up to the campaigns against RSE, and we will consider what hon. Members have said in this debate.
Liz McInnes (Heywood and Middleton) (Lab)
Will the Minister be taking any guidance from Nazir Afzal, the former Crown prosecutor in the north-west, who I understand has been brought in to mediate over the protests outside the schools? He is a practising Muslim. He is a very sensible man; he is the chair of the governors at Hopwood Hall College in my constituency. I wonder whether the Minister will be taking any of his advice.
Nick Gibb
I will take the hon. Lady’s advice, under advisement. Our senior officials are working on the ground, daily, for both schools involved in this dispute in Birmingham and with Birmingham City Council in trying to find a solution to this problem. We are working hard to try to assuage concerns, but ultimately we will be on the side of the headteacher in making these decisions, because we believe the content of the curriculum is a matter for schools.
Central to this debate are deeply held views on what is right to teach children about LGBT people and relationships at different ages—not because of bigotry or intolerance, not to push an agenda, but because they believe they know best for the children involved. This reveals the truth about equality and respect: sometimes it is hard. And when opinions differ, we should talk; dialogue is what moves us forward. That is why we are strengthening the requirements on schools to consult parents. From September 2020, all primary schools will be required to teach relationships education and all secondary schools will be required to teach relationships and sex education—RSE. We have set out in the regulations for these subjects that schools will be required to consult parents on their relationships education or RSE policies. That requirement means that the dialogue we consider so important in reducing misunderstanding and getting this teaching right will be happening in every school.
It is important to note that relationships education is not about sex, as was pointed out by the hon. Member for Rhondda. It is about learning the importance of kindness and respect for others, and providing children with the foundations to understand difference and be able to build constructive relationships with those who may appear different from them. We are encouraging as many schools as possible to start teaching the new subjects from September 2019. Whether or not schools do so, we recommend they start planning their consultation with parents now, to ensure this is done in good time and effectively. As I have said, we are publishing supporting materials to help schools to get this right.
Schools are not required to consult parents on any teaching they choose to give about the Equality Act. However, when such teaching involves young children, and when schools know that their pupils’ parents have strongly held beliefs related to the content, it is absolutely right that schools engage with parents, listen to their views and reflect. To answer the question from the hon. Member for Birmingham, Hall Green, I think it would be appropriate for a school to work with parents to determine how Equality Act teaching is delivered in the school, if that works for them. That does not mean that headteachers should spend excessive time consulting parents or that consultation should go on in perpetuity. Schools are well practised at consulting and engaging their parent bodies on aspects of their activities, and if they have good practices in place, they can and should be used to consult parents on this topic. If schools feel that their current engagement processes are not effective, the introduction of the new subjects is a good opportunity to learn from good practice in other schools and to improve.
Consultation does not mean that parents can veto curriculum content; it means sharing a proposed approach, seeking views and using those views to inform a final decision. It is not a vote. Consultation does not mean abandoning teaching about respect for difference. I do not believe that is what parents would want and it is not what schools should feel they must do. Consultation certainly does not mean that schools should be on the receiving end of intimidating behaviour, protests or bullying. The Department has been clear that protests outside primary schools are unacceptable and should stop.
The RSE legislation is clear that it is parents whom schools must consult. We do of course encourage schools to recognise and reflect on their important foundational role in local communities. If schools consider it useful to engage members of their wider community on any of their activities, including the teaching of relationships and sex education, we would support that activity. Consultation does mean the consideration of whether the strongly held views of a school’s parent body should lead it to adapt when and how it approaches certain topics with pupils. It is only right for parents to be able to share their views on how and when their child will be taught topics that are sensitive to them. Schools should consider those views and balance them with their views on the needs of pupils and the wider school community. Ultimately, it is for schools to decide their curriculum, having taken these views on board.
Stephen Timms
Does the Minister agree with the point I made earlier, which was that it could be helpful in quite a number of local areas to include the local SACRE in the discussions he is describing?
Nick Gibb
I am grateful to the right hon. Gentleman for raising that issue—I was going to respond to his earlier question—and we will consider his suggestion. That is not a promise, but we will certainly consider and take seriously what he has put forward.
As the Secretary of State set out in his recent letter to the general secretary of the National Association of Head Teachers, schools must have the flexibility to respond to events. For example, following consultation with parents on equality teaching or relationships education, a school may decide that for its pupils it is right to introduce teaching about LGBT people and relationships in the later years of primary. That would be an entirely reasonable decision. Subsequently, however, events may mean that that decision has to change. For example, if homophobic, biphobic or transphobic bullying becomes a problem in the school, the headteacher may reasonably decide that some teaching about LGBT issues at an earlier stage is required to ensure pupils understand that such bullying is not acceptable. Alternatively, a pupil with same-sex parents may join the school in an earlier year group. In those circumstances, it would be right for the pupil’s peers to understand about families with same-sex parents—
Several hon. Members rose—
Nick Gibb
I will give way to all Members in just a moment.
As I was saying, it would be right for that pupil’s peers to understand about families with same-sex parents, to ensure that the pupil feels included and that their peers understand and respect their family. We can all agree that in those circumstances, the school would be right to change its approach and to teach the issue earlier.
Lilian Greenwood
Many of my colleagues will have anticipated what I am going to ask, which is: how will schools know whether they have pupils with an uncle or aunt in a same-sex relationship, or with a friend who has same-sex parents? Surely, it is appropriate that every child, from the earliest age, should know that there are all sorts of different families—some with one parent, some with two parents, and some with two mums or two dads. The school is not going to know everybody’s experiences, and everyone should know that it is right to respect difference, irrespective of where we come across it.
Nick Gibb
As I said, we consulted very widely on the content of the draft guidance and brought in experts such as Ian Bauckham—a very experienced headteacher —to help us draft that guidance. We wanted to form the widest possible consensus on landing this policy, and that is what we have achieved very successfully, and it is something that Governments of the past have not achieved. It is important that we try to get that consensus, which means leaving to schools the decision about when these issues should be taught. It is important that schools decide when it is appropriate to teach these very sensitive issues in their community, but what is clear from the guidance is that it is a requirement that children will learn and be taught about LGBT issues at some point during their school career. This is the way to ensure that the policy has the widest possible consensus—although we cannot bring into that consensus those at the polar ends of this debate.
Mr Godsiff
I thank the Minister for his measured and clear response to the questions I put to him. Although what he has said today may not be acceptable to other Members in this House, it will be hugely beneficial and helpful to the teachers in 256 schools in Birmingham who are now reassured that what they have been doing is, in fact, correct. I thank him for that.
Martin Docherty-Hughes
Thank God for devolution! To provide clarification for some of my colleagues from English constituencies—and for my own mind—can the Minister tell us whether single parents who happen to be homosexual will now need to self-identify to members of staff from schools across the length and breadth of England to ensure that their children get access to equal, inclusive education?
Nick Gibb
No, what I am saying is that we need to leave these very sensitive decisions to the teachers on the ground and to the headteachers of the schools themselves, because they are best placed to make decisions that cannot be made at a national level and that will apply to all schools in all communities. What we are clear about is that children must be taught about LGBT relationships, and that they must be taught the relationships curriculum. No other Government have delivered such a policy. It is the right policy, but I strongly believe that it needs to have the consensus of the religious organisations, as well as Stonewall, to enable it to land effectively in our schools; and I believe that it is landing successfully in our schools.
Chris Bryant
I agree with the Minister to the extent that it should, of course, be up to the school and the teachers to make the decision about what is age-appropriate. However, he seemed to be suggesting that it was only once homophobic bullying had arisen in a school that a school would start talking about respect for gay people and that it was only once a gay couple who are parents of a child appeared in the school that this subject should be taught. I am sure that that is not what he really means. I hope he can clarify his point.
Nick Gibb
I was trying to give an example of a situation where, after consultation, a school may well want to change their policy because of events that have happened in the school. It might be that the school had, ab initio, decided to teach about LGBT issues at an earlier stage in the primary school curriculum. Schools are perfectly entitled to do that. If a school wanted to change its policy, it might consult parents. It would then be the policy of the school going forward, regardless of whether any of those issues arose and regardless of whether the school knew or did not know about the parental background of its pupils.
Stephen Doughty
I have to say that I share the concerns that have been expressed. If the Minister is being praised by the hon. Member for Birmingham, Hall Green (Mr Godsiff) on this, then I do worry about where things are headed. The problem is that if we create loopholes or opportunities for very, very radical activists—as we have seen in this case—to try to undermine headteachers, to intimidate and to undermine the overall Government guidance, then they will take those opportunities. I want to be assured that the Minister will provide full backing in ensuring that all children, regardless of their age, are getting this education—that it is not, for example, being done on the last day of year 6 or through some other way of circumventing the law, because I am sure that that is what, in some circumstances, these people will try to do.
Nick Gibb
The law is very clear: these issues have to be taught. We will support schools very strongly in delivering this curriculum. We are saying that they need to consult parents, but then, having done so, it is not, as I said, an election-style decision like voting an Act of Parliament through this House. Once the school has gone through that consultation and taken on board the views that have been expressed, it is then for it to decide, in its best judgment, what it thinks is the right material to be taught and when. We will stand by the schools that take that decision.
Ms Angela Eagle
Until we got to that passage in the Minister’s speech, I thought I understood what the situation was, but he seemed to be saying that he is going to give very radicalised fundamentalist-type campaigns options to make as much fuss as possible to prevent the teaching of LGBT equality and relations until it is easier to do it. I fear that what he said a few minutes ago—I hope that he will be able to put me right on this—is almost an open invitation to these organisations that are already spreading disruption across the country to do even more of it. We cannot compromise with such organisations, and if he does not stand up to them now, he will regret it.
Nick Gibb
I think that the hon. Lady is being unjust in how she is interpreting what I have said. I made it very clear that the school should consult parents. I made it very clear that the school is not bound by a vote of those parents—that ultimately the decision on the content of the curriculum, and how and when it is taught, is a matter for the school—and that we will support the school in that decision once it has been reached. We have also made it very clear that we do not support protests outside schools that require young children to—to use her phrase—run the gauntlet of screaming and shouting protesters. We absolutely do not support those protests. We supported Birmingham City Council in taking out the injunction against those protests. I think she is being slightly unfair in the way that she has heard my speech.
Lloyd Russell-Moyle
I am slightly concerned that we are getting caught up in the wrong way about age-appropriateness. The Minister referred to the times when this education would be introduced, full stop—in other words, it could be brought forward or delayed. My understanding is that this education around being safe, around safeguarding of children and around what are appropriate relationships should start from the very beginning of school and go all the way through. Age-appropriateness is about what is age-appropriate at each level and how we address it at each level, not about whether it is introduced at each level. We need to be clear about this, because there was a danger that he started to sound like some of the few fanatical bigots that the hon. Member for Birmingham, Hall Green (Mr Godsiff) sided with rather than the people with progressive morals that we want to side with.
Nick Gibb
Relationships education is required to be taught from the very beginning of primary school, but of course it does have to be age-appropriate. It is about friends, and sharing, and learning about the importance of family. [Interruption.] No, there is no intention of delaying the introduction of relationships education. What is a matter for the school is when more sensitive issues are taught. That really is ultimately a matter for the school to decide. In doing so, it should consult parents, but that does not mean that parents have a veto on the decisions that it takes.
Lloyd Russell-Moyle
Can the right hon. Gentleman clarify for me what we mean, in this context, by “sensitive”? Do we mean talking about families with single parents, and so on, or are we talking about trans issues? What is “sensitive”? I am a bit confused, and I am worried that that word will be used as a hook on which to hang things that we might not want to put on it.
Nick Gibb
That, again, is a matter for the judgment of the school. The school will know its communities, and that is why we are saying—and it is a requirement—that on these issues the schools should be consulting parents. All the best schools in the country consult their parents on a wide range of issues, and they may even consult them on issues such as arithmetic. It is very important to have parental engagement with a school. I know schools that talk to parents about how reading is taught in their schools—if they are introducing a new phonics scheme, they will want to talk to parents about such issues. So I think parental engagement is important on this particular curriculum.
The Secretary of State and I are clear that we support any school that, having engaged with parents and listened to their views, takes a reasonable decision to teach their pupils about LGBT people and relationships. The guidance on relationships education and RSE makes it clear that pupils should receive LGBT-inclusive relationship and sex education during their school years. The Department strongly encourages primary schools to teach about families with same-sex parents. In most cases that will be possible and will be an important part of the education about respect for difference that is right for all pupils. I hope that in all cases, parents will have discussed these topics with their child’s school and have an understanding of their approach. I hope that they will have satisfied themselves that the school is teaching the right things at the right age to complement what they teach their child on the importance of respecting other people.
I am grateful to the hon. Member for Birmingham, Hall Green for his views on this important topic. Parents are the primary educators of their children, and on matters such as equality, respect and relationships, schools complement what the child is taught at home. It is therefore crucial that schools and parents engage in constructive dialogue to understand each other’s views. Only through open communication can trust be built and maintained, and proper respect shown for difference.
Question put and agreed to.