Relationships, Sex and Health Education: Statutory Guidance

Earl Russell Excerpts

Thursday 16th May 2024 Lords Chamber

[Baroness Twycross (Lab)]

My Lords, I thank the Minister for repeating the Statement made this morning by the Secretary of State for Education. There is much in it that is welcome. Teachers and school leaders have long pushed for clearer guidance on RSHE to be published, particularly in relation to gender identity. A child’s education should and must equip them for the world in which they live. It should stand them in good stead for their life in the adult world, including healthy relationships. It is particularly welcome that there will be additional content on suicide prevention and on tackling the malign influence of online misogyny and hate. As former deputy mayor for fire resilience in London, I was also pleased that wider harms including fire and knife crime will be included.

Labour agrees strongly with the principle that parents should have an explicit right to know what their children are being taught. It is also right that what children are taught is age appropriate. But, behind the phrasing and the stated aim of allowing children to be children—the Secretary of State used the phrase “we need to allow our children to be children”—lie some serious concerns that need to be addressed through the consultation process.

First, far from protecting the innocence of children, not talking about sex in schools in an age-appropriate way does not keep children as children but potentially exposes them to harm and emotional distress. It also risks reversing very hard-won progress in preventing teenage pregnancies. The NHS website states:

“Most girls start their periods when they're about 12, but they can start as early as 8, so it’s important to talk to girls from an early age to make sure they’re prepared.”


It goes on to say:

“Boys also need to learn about periods. Talk to them in the same way as girls about the practicalities, mood changes that can come with periods, and the biological reason behind periods. It will keep them informed, as well as help them to understand about periods.


When a girl starts her periods it’s a sign that her body is now able to have a baby. It’s important that she also knows about getting pregnant and contraception.”


Can the Minister outline how, if schools cannot teach sex education until children are 13, a girl who starts menstruating at the age of eight or nine whose parents do not prepare her for this will be able to understand what on earth is happening to her? How will the Government address the fact that both girls and boys need to understand menstruation well before the age of 13? How was the age of 13 arrived at? Did the DfE discuss this with the Department for Health and Social Care or with the NHS? What assessment, if any, have the Government carried out of the likely impact of this proposed change on the number of child pregnancies?

The notion that providing sex education encourages sexual activity, which the Statement appears to suggest, is as outdated as it is dangerous. I confess that I am struggling to understand the logic. We simply cannot return to times when children believed that you could get pregnant simply by kissing another person because they were not taught about sex in a clear way.

Secondly, we know that, regrettably, for too many children childhood is not an age of innocence. We need to be clear that it is the case, or we cannot protect vulnerable children. Schools are among the strongest levers for preventing and identifying child abuse; any guidance has to enable, not prevent, this. The Statement does make it clear that teachers should speak about unwanted touching at an earlier age. However, how will the DfE ensure that teachers are not so scared of talking to children directly or responding directly to questions that the opportunity to protect children is missed? With half of children seeing pornography by the age of 13, if schools are teaching about online safety—including, presumably, online pornography—at an earlier age than they can teach about sex, how on earth will teachers navigate this? Does the Minister agree with the Telegraph that it is

“Precisely because children are doing so much of their growing up online, they need sex education classes more than ever”?


Labour believes that what defines a family is not the shape it has but the love it gives. I am therefore also concerned that potentially drawing down the shutter on discussing different types of relationships and the lived experiences of those who are transgender means that some children may grow up with a narrow, potentially prejudiced, view, and that this may harm children who, or whose family, do not conform with this. How do the Government intend that schools deal with questions around transitioning and the process people can go through to change their gender?

My final point concerns the apparent exclusion of school leaders in the drafting of the guidance so far. I hope the Minister can assure us today that the voices and views of school leaders and teachers, who appear not to have been consulted in developing the guidance published today, will be heard and reflected in the final document. I look forward to the Minister’s response.

[Earl Russell (LD)]

My Lords, I thank the Minister for repeating the Statement in your Lordships’ House. If it is not broken, do not fix it: we on these Benches do not welcome most of these changes, which are politicised solutions that are mainly looking for a problem. Indeed, we fear that the net result will be to put our children and young people at greater risk.

The Government are choosing to water down the safeguarding of our children on the altar of yet another pointless culture war in the run-up to the general election—legislation for leaflets, I call it. Sex education, particularly in the early years, is not about teaching young people to have sex; it is about safeguarding. It is about teaching them to know what is appropriate, what is invasive, and what is abusive; it is about informed consent. Age-appropriate education is vital for empowerment of our young children, so they can live healthy and happy lives.

Where children are questioning their gender identity, they should be supported with open and inclusive discussions centred on their health and well-being. The Government should be careful what they wish for; it is better that appropriate support be provided in schools, because the only alternative is that perhaps inappropriate information will be sought elsewhere.

Finally, what actions have the Government taken to ensure that these changes do not pose greater safeguarding risks to our children and young people?

[Baroness Barran (Con)]

My Lords, I thank the noble Baroness and the noble Earl for their remarks. I will start with the remarks of the noble Earl, Lord Russell, who said, if it ain’t broke, don’t fix it. The evidence we have heard from parents, schoolteachers and school leaders is that the lack of transparency with parents about what their children were being taught, and the teaching of contested material, in particular on gender identity, were very broken. Those are essential things that need fixing.

I turn to safeguarding, which both the noble Baroness and the noble Earl rightly raised. The noble Baroness said that school is a very important safeguarding agency and that talking about some issues gives children an opportunity to disclose and therefore to respond. The guidance is very clear on how to deal with safeguarding issues.

When we turn to the age-appropriate approach, which I think the noble Baroness agrees with, we see there is something about giving children this information in stages. They do not need all of it when they are very young. It must be phased and age-appropriate. In relation to menstruation specifically, the new guidance sets out that children should be taught about puberty, including menstruation, no earlier than year four, so that would be when children are eight or nine. That means that the majority of children will learn about puberty before it happens to them.

The noble Baroness talked about the importance of relationships education and different types of relationship. That is clearly set out in the curriculum we are consulting on, but the focus will be very much on the facts. For example, the protected characteristics will be clearly taught. Gender reassignment will be clearly taught as a factual thing that happens to adults. The noble Baroness raised the issue of school leaders. The guidance is out for consultation, so there is every opportunity for leaders and teachers to contribute to the consultation, and we would welcome that. She will also be aware that our expert panel included experts from the education system, as well as from health, in particular. I think that also addresses the question asked by the noble Earl about whether we have assessed whether we could increase the safeguarding risk. I hope the safeguarding risk does not stem from school, but I think the noble Earl means the ability to identify. Those issues were considered very carefully by the expert panel.

Schools (Mental Health Professionals) Bill [HL]

Earl Russell Excerpts

2nd reading
Friday 1st March 2024 Lords Chamber

[Earl Russell (LD)]

My Lords, it is a great pleasure to speak in this debate in support of my noble friend Lady Tyler’s Bill. I pay tribute to the years of work that she has done in this area.

The first line of the House of Lords Library briefing reads:

“This private member’s bill would require every school in England to have access to a mental health professional”.


My first reaction to this was: why is this not the case already? I declare my interest to the House again as a parent of a child who has gone through a past prolonged period of very poor mental health. In her case, the illness arrived like a freight train on the level crossing of her life. I am pleased that she is better now, and I am aware and, frankly, feel profoundly guilty that perhaps the only reason that she is better is because we, as parents, were able to find and financially afford the means to pay many tens of thousands of pounds for a prolonged period of private residential care.

I am all too aware that many other children are also suffering, often in silence. Too many children are struggling right now to keep themselves safe and well. Equally, too many parents and carers are not getting the help and support that their children need. Poor mental health is a trauma that affects and impacts whole families. I speak only as a parent and, I hope, as a voice for other parents who are going through similar situations and are struggling to find access to the support and care that they need.

I want these children and young people who are suffering to understand that we, as politicians, get them, and that we are here to work together to try to make their lives better. I shall probe and pressure, but my voice is intended to be a constructive and helpful one. I know that Ministers in this place and across government are not only aware of this issue but are working on it and have already provided significant resources to meet these needs.

I will run through some of the arguments again here very briefly, as I have made them before. We face what I call a children and young people’s mental health emergency. There is an unprecedented crisis in children and young people’s mental health. As we have heard, one in five young people now has a probable mental health condition, up from one in nine in 2017. The causes are many and complex, but the headlines are clear, and they are that our young people are suffering. The demand for services is at an all-time high: nearly half a million young people require help, and 2023 saw the highest number of emergency referrals ever. Despite this, many children—perhaps two-thirds—do not have any contact with the NHS.

CAMHSs suffer from chronic underfunding. The average wait time is 21 weeks for a first appointment, and 80% of CAMHSs say they are not able to meet the demand. Many young people are effectively denied treatment, even after episodes of self-harm and attempted suicide. I have called on the Government to accelerate the rollout of mental health support hubs to all schools and colleges nationwide. I ask the Government to commit to bringing forward their target of 50% access by 2024-25 and making it 100%. While I recognise that resources have already been delivered, I hope that the Budget next Wednesday brings some extra much-needed money to this important issue.

The Bill, put simply, is about plugging a service-level gap, the physical health equivalent of which would be only doing blood pressure checks and urgent cancer operations but not providing any other healthcare in between. The rollout of mental health support hubs is welcome and vital, but their intended purpose is for lower-level issues, such as mild depression and low self-esteem. Treating these issues before they worsen is essential. At the same time, many children with already moderate to severe needs are either waiting far too long for access to CAMHS treatment or are being denied any treatment at all.

This is exactly where the Bill comes in, to plug this real and considerable service-level gap in the system. Frankly, it is a very innovative and clever proposal, and I ask the Government to give some serious consideration to it. Even with the rollout of mental health support hubs, it has been estimated that some 6 million children with moderate-to-severe needs will remain in this treatment no man’s land. The Bill will cover what is known as the missing middle—those children with moderate to more complex needs, such as those experiencing trauma, abuse, self-harm, and suicidal ideation. These matters require help to be provided by therapists and councillors with a higher degree of training.

Filling this missing middle under a whole-school approach, in combination with mental health support teams, begins to get us towards the united service delivery system that we need. This system will help to provide early access to treatment, to help to prevent matters escalating and to help to keep children in school, where they need to be. This would also help to relieve the pressure on CAMHSs and help them to specialise as well in the most urgent and challenging cases of all—providing the more immediate treatment that is so desperately required. The number of briefings provided to Members on these issues shows the level of interest in the wider professional community, where these measures carry support.

Finally, while I am aware that there is extra cost associated with these measures, this comes against a background of chronic underfunding in these areas. Only 8% of mental health services spending was allocated to children and young people’s mental health in 2021-22, despite children and young people’s referrals accounting for 18% of the overall NHS mental health demand.

Pupil Mental Health, Well-being and Development

Earl Russell Excerpts

Thursday 22nd February 2024 Lords Chamber

[Earl Russell (LD)]

My Lords, I thank the noble Baroness, Lady Bennett, for bringing this important debate before the House, and those who are speaking today.

Improving the mental health and well-being of our children in school is one of the most important issues, and all of us must work on it together. In the early years, a good experience of education and the ability to learn, grow and develop in a safe and secure environment are essential to success in future life. Our children need to be resilient. Good mental health is a prerequisite to learning, as it is to good attendance at school. An ill child is no more capable of learning than a cheese grater is of being a glass of water. Our schools must be warm, welcoming, adaptable and inclusive spaces. Schools are ideal settings for providing our children with mental health support.

In a previous debate, the noble Baroness, Lady Hollins, put it very well:

“Thinking about a child’s school environment, we need to develop a culture of nurture as the foundation for learning”.—[Official Report, 23/11/23; col. 837.]


We need proper funding and resources and a whole-school approach. First and foremost, we must deal with the immediate crisis.

I held my own debate in November on the current state of mental health support for children and young people in England. I declared my personal interest as a parent of a child who has gone through long periods of poor mental health, saying that it was one of the most challenging periods of my life and that no parent ever wants to see their child unable to keep themselves safe. My knowledge and experience in these matters is as a parent.

The scale of the mental health problem is huge; it disproportionately affects those in poverty and is made worse by the lack of resources available to resolve it. The most recent key findings from the NHS digital survey show that one in five of our young people aged eight to 25 had a probable mental health disorder. Rates remain at elevated levels following the pandemic, and among 17 to 25 year-olds, rates were twice as high for young women as they were for young men. We are treating double the number than before the pandemic of children and young people with eating disorders who need urgent care. We have huge waits for services, with treatment for even immediate and urgent cases often, in effect, being denied. We face a children’s and young person’s mental health emergency, and we must all work together to end the wait. The House spoke clearly with one urgent voice on the issues, and I think it will do so again today.

I have called on the Government to accelerate the rollout of mental health support hubs to all schools and colleges nationwide. That is the quickest and most effective form of help. I asked the Government to commit to bringing forward their target of 50% access by 2024-25 and making it 100%. Munira Wilson in the other place has introduced a Private Member’s Bill on this issue, and I am delighted that my party has put forward proposals for dedicated mental health professionals in all state-funded schools and to pay for that through a trebling of the digital services tax. Place2Be has calculated that every £1 invested in primary schools-based mental health provision will generate £8 in economic and social benefits.

The response from the Minister at the time of my last debate was positive; however, since then, nothing has happened. I kindly ask her why there has been no movement from the Government on these issues? The urgency and need is clear and the cost is not great, so are there practical problems with accelerating the policy? Is it about not being able to find and train staff in time, or are there other practical matters?

I will briefly say a few words about long-term persistent absence. When my child was ill, she was off school for prolonged periods and had a very poor attendance record during others. I know what it is like, and just how challenging it can be, when your child is not well enough keep themselves safe, let alone attend school. I know the struggle of trying to get them out of bed every morning. I also understand how we got in this position: Covid caused an explosion in mental health issues, and we need to understand better why that was. It shows that our children are lacking the resilience they so desperately need.

As a result of the increase in poor mental health and the lack of available treatment, absence rates invariably rose, and the Government and schools, rightly, wanted to bring those back down. However, my personal perception is that they went too far. Fining parents should be an absolute last resort. The parent of any child who is waiting for treatment for mental health issues or is unable to get a diagnosis for autism or other special needs should not face those fines. There needs to be far more co-operation between schools and parents in trying to get children who are suffering back to school. The Children’s Commissioner has also pointed out this problem, calling it

“the issue of our time”.

Like me, she is calling for the Government to accelerate the rollout of mental health hubs.

Although the causes of persistent absence from school are complex, one key factor is the lack of mental health support and I would like to ask the Minister about the connection with the numbers of children who have been waiting over a month for CAMHS. Do the Government keep statistics, cross-referencing them for children who are waiting for treatment against children who are also long-term persistently absent from school? It is important that the Government cross-reference those two groups so they can better understand whether a denial of treatment for mental ill-health is one of the key drivers of long-term persistent absence from school.

Finally, I call on the Government again to please take more urgent action on these matters. I recognise the progress made and the actions taken, but more needs to be done urgently to protect our children and young people.

Universities: Nuclear Energy Sector Skills

Earl Russell Excerpts

Thursday 7th December 2023 Lords Chamber

[Lord Patel (CB)]

My Lords—

[Earl Russell (LD)]

My Lords—

[Viscount Hanworth (Lab)]

My Lords—

--- Later in debate ---

[Earl Russell (LD)]

My Lords, is not the truth of the matter that the UK is not on track to meet its greenhouse gas emission commitments made at COP 26 only two years ago? The climate emergency is now, and it is already probably too late to keep our planet below 2 degrees, let alone 1.5 degrees, of climate change. If nuclear fusion technology is achieved, it will not arrive in time to save us. Should our immediate focus not be on renewable energy skills that can make a fundamental difference to net zero immediately?

[Baroness Barran (Con)]

I absolutely do not accept that the UK Government are not on track to meet their climate targets. We are ahead of every other major nation, as the noble Earl knows. We are also doing a lot of work in relation to green skills. Again, we will publish a green jobs plan in the first half of 2024, but we have very attractive green skills offers across every level, from skills boot camps up to the highest possible qualifications.

Schools: Catering Facilities and RAAC

Earl Russell Excerpts

Monday 23rd October 2023 Lords Chamber

[Earl Russell (LD)]

My Lords, while I welcome the commitment to free school meals made by the DfE in its guidance, I note that 214 schools are now known to be impacted by RAAC. How many of these 214 schools are now unable to provide catering facilities, and what action is being taken to ensure their continued provision of hot food?

[Baroness Barran (Con)]

Of the 214 schools the noble Earl referred to, 202 are providing full-time face-to-face education and 12 are in hybrid arrangements. In all cases, we work with the school to make sure it can offer pupils, particularly those eligible for free school meals, a meal. Not all of them will be having a hot meal—in some cases, they are having packed lunches as a temporary measure—but the critical thing is that children are back in face-to-face education.

Reinforced Autoclaved Aerated Concrete in Education Settings

Earl Russell Excerpts

Monday 4th September 2023 Lords Chamber

[Baroness Twycross (Lab)]

My Lords, I welcome the opportunity for us to discuss the issue of reinforced autoclaved aerated concrete, or RAAC, which is one of the most pressing issues this country faces in both education and the wider built environment. I declare an interest as London’s Deputy Mayor for Fire and Resilience. I thank the Minister for her time earlier briefing Members of this House; her approach in this regard is much appreciated.

It is clear, however, that this is not the start to term that it should have been for many schools and students, who have already missed too much education over the past few years due to Covid. This is not a new problem. The Government were aware that this was a critical issue in 2018. More could clearly have been done sooner, including putting more resources into tracing information from schools which failed to respond immediately to the government questionnaire.

The Statement from the Secretary of State appears in some ways to play down the scale of the problem, while not playing down the scale of the issue for schools where RAAC has been identified. It is no doubt of small comfort to the schools affected that they are largely in the minority, but the fact is that the number of schools facing this issue is currently unknown, and the figure provided in the Statement is probably a drastic underestimate. The Government need to learn from previous and very recent building safety crises and remember the issues that arose once ACM cladding was identified as a safety concern following the Grenfell Tower fire.

It is clearly right that the risk to children be taken seriously and that affected schools need to close or partially close. However, it is still not clear, despite the Statement, why the assessment of what constituted dangerously critical-grade RAAC was not stronger previously. Can the Minister reassure us that what the Schools Minister described in January this year as visual inspections are now definitely intrusive and sufficient to ensure confidence that the surveys being undertaken provide an accurate picture? Also, what is the additional risk posed by asbestos in the affected buildings?

While we may not choose to use her form of words, the Secretary of State was right to imply that more action may be required of her government colleagues. We also need confidence from this Government that they are taking every action possible to identify the range of buildings this issue affects, and that they will identify new funding to address the crisis and the scandal of failing RAAC. Can the Minister confirm that the Government are engaging fully with the Fire and Rescue Service, other emergency services and local resilience forums on this matter and providing them with the information and guidance they need to respond to and prepare for what must now be an entirely reasonable worst-case scenario involving a major building collapse in a school or other affected buildings?

I know that others will have questions on funding for schools to resolve this issue. However, I note that a recent House of Commons briefing highlighted that between the financial years 2009-10 and 2021-22, capital spending by the Department for Education ranged between a high of £9.8 billion in 2009-10 and a low of £4.9 billion in 2021-22, based on 2022-23 prices. This means that in England, under the current Government, school building funding has declined by around 37% in cash terms and 50% in real terms. By way of contrast, under Labour in Wales, capital funding has increased by around 23% in real terms over the last decade.

This is not just about the identification of schools facing the immediate problem of RAAC; it is also about choices around what to prioritise spending on. This is actually about political choices. How could this situation happen when there were already warnings to government of a critical risk to life? Why did the Prime Minister, when Chancellor, cut the funding intended to address this issue in the 2021 spending review rather than increase it at that point?

I look forward to hearing the wider debate on this and other issues arising from the Statement. I also look forward to the Minister’s response.

[Earl Russell (LD)]

I thank the Minister for coming to the House today and updating us on this issue. As a parent myself, I am sending a child to a new school. I have every sympathy with parents who are deeply worried about the situation and everything that teachers across the country are doing. If safety had been prioritised over budgets, we would not be in this position today.

The Statement says that, within a matter of weeks, a list of all schools will be published

“once mitigations are in place”.

Although I welcome the change of heart from the Government, does the Minister feel that, with 10% of schools left to conduct surveys, those surveys will be available in a couple of weeks?

Further, the Statement says that the Government will spend “whatever it takes”. This was later clarified as coming from existing educational budgets. Given the scale and urgency of the problem, does the Minister really feel that school budgets alone will be capable of dealing with this problem?

[Baroness Barran (Con)]

My Lords, I thank both noble Lords for their remarks. I feel that I must start by countering the assertions from the noble Earl that safety has come second to budgets and that budgets have been prioritised over safety. I want to be 100% clear with the House: there is not a single case in which we have known of an immediate risk to life and the department has not acted. We have an urgent capital support fund, which we use in such cases. I want to make it clear on the record that what the noble Earl said is not an accurate reflection of the facts.

The noble Earl also referred to the publication of the list of schools, to which we have committed. To be clear, our priority—I think that many Members of your Lordships’ House would agree with this—was to communicate with parents first. When the names of schools started to leak into the press at the end of last week, one school in particular was so inundated by the media that it was unable to communicate with parents and get on and plan its mitigations. It was a school for children with profound learning difficulties. If there is one school that all of us in this House would want to keep open, it is a school for children with learning difficulties. I really think that there was an extremely good reason why we prioritised that.

I do not recognise the figure of 10% of schools needing to be surveyed. That simply is not accurate. We are confident that in the next few weeks we will be able to complete the surveys that are needed.

The noble Baroness, Lady Twycross, focused significantly on funding and the Chancellor’s statement. The Chancellor was crystal clear in his statement. Let me just run through the funding that we are offering schools immediately. It will cover immediate capital costs relating to, for example, temporary classrooms, propping or whatever else might be needed. It will also cover revenue costs. For example, we will work on a case-by-case basis with schools but, if additional school transport costs arise, we will cover them. If schools need to rent space in another building, we will help with that. All reasonable requests will be dealt with reasonably. Our absolute aim is to remove friction for schools so that they can get children back in classrooms as quickly as possible.

I remind the House that we have, through our various school rebuilding programmes, already rebuilt more than 500 schools since 2010. We have added 1 million new school places to accommodate the increase in the number of pupils. The noble Baroness referred to the track record of the Labour Government in Wales on funding, but I remind the House that we are working with and supporting the Labour Government in Wales and with colleagues in Scotland, because they had not started this survey programme. We are all aiming for the same thing, to resolve this as quickly as possible, but we need to be fair when hurling things around. I am not suggesting that the noble Baroness was not being fair, but I am trying to set the balance. I really commend my predecessor, my noble friend Lady Berridge, and colleagues in the department who have been tireless in working on this issue.

The noble Baroness also questioned whether we could have done more sooner. I do not want to repeat myself but our understanding of how this building material behaves is as good as anyone’s. The new evidence that came out this summer is genuinely new. It is since the end of term that we have become aware of these three cases. I stop and think about the case that happened 10 days ago, and what would have happened if that had happened in 10 days’ time. This Statement would feel very different for us all.

On co-ordinating with fire and rescue services and local resilience forums, I am sure that the noble Baroness will understand that our absolute priority at the moment is working with each individual school. We have about 50 caseworkers working with individual schools. We have project directors going on-site. As soon as we get through this first phase and all children are back in education, we will of course co-ordinate, and the Government will gladly accept any other suggestions that the noble Baroness makes.