Relationships and Sex Education

Lord Storey Excerpts

Thursday 19th July 2018 Lords Chamber

[Lord Watson of Invergowrie (Lab)]

My Lords, I thank the Minister for repeating the Statement and for arranging a briefing with his colleague the Schools Minister, Mr Gibb, yesterday for myself and other noble Lords.

The guidance has a 15-week consultation period, which I presume starts today. Six of those 15 weeks will be taken up by the school holidays, when parents, children and teachers tend be doing other things, so it is not really much more than a nine-week consultation period, which is pretty short. Will the Minister consider starting the 15-week consultation when schools return in the first week of September?

That said, we welcome the guidance and the fact that the Government listened to, and have acted on, the amendments tabled by noble Lords and MPs during the passage of what became the Children and Social Work Act. The guidance required for young people going through school today is quite different from what was required even 10 years ago. As the parent of a seven year-old, I am pleased that some of these issues are to be addressed at both primary and secondary school level.

It is vital that young people understand that certain what might be termed “difficult” subjects can be discussed openly, from grooming and the use of the internet to the meaning of relationships and what is appropriate or inappropriate sexual activity, to sexual orientation, bigotry—and perhaps the bullying that emanates from that—and transphobia. It is vital also that mental health, healthy eating, the need for exercise and issues involving alcohol and drugs will all be covered in schools via this guidance—again, that is a most positive development.

I have some questions for the Minister, most associated with the mandatory nature of the guidance. The right for parents to withdraw will surely become an issue and will, I imagine, be exercised by a significant number of parents, although I hope not too many. Can the Minister clarify how the issue will be dealt with after the “three terms before the pupil turns 16” cut-off? That is not clear in the Statement, which says:

“The draft guidance sets out that, unless there are exceptional circumstances, the parents’ request should be granted until three terms before the pupil reaches 16”.


Just before that, the Secretary of State says:

“I therefore propose to give parents the right to request their child be withdrawn from sex education delivered as part of RSE”.


So my question is: after the three terms before the child turns 16, will parents have no right to withdraw their child from sex education? What if the school is a faith school that does not recognise 16 as the age of consent for sexual activity? What will happen if a child of 16 opts to ask for information on sex education, which the guidance says all of them can do? Will the faith school then be legally obliged to provide that sex education even if it does not wish to do so? In that situation, how will a child seeking sex education be expected to proceed? Also, will schools be required to inform all children and parents as to what information they are entitled to? Clearly, nobody can access their rights if they are unaware of what they are.

Further, can the Minister confirm that the guidance will apply to all schools—maintained schools, grammar schools, academies, free schools, faith schools and independent schools? It is my understanding that it will, but only the first two of these types of school follow the national curriculum. How will the Department for Education know that children are receiving relationships and sex education in line with the guidance? Ofsted does not check independent schools, so who will, and how does the DfE intend to monitor all schools and ensure that the guidance is being complied with?

Finally, what resources will be made available to schools in addition to those that they already have? Many schools are facing huge budget pressures and cannot be expected simply to assume other responsibilities and the costs of training or teaching materials simply on the basis of what they have at the moment. Clarification on that point would be most welcome.

Parents want their children to be fully educated with the facts about all aspects of their own safety. What plans does the DfE have to ensure that teachers receive the necessary training to enable them to deliver guidance effectively? Already, teachers have heavy workloads. It is important that they are resourced to do this job properly, so what do the Minister and his department envisage as necessary by way of additional resources for teachers?

I hope that the Minister can answer those questions, but I should be clear that we offer our support for this guidance and its important aim of ensuring that young people are properly equipped for the challenges that they will face in keeping safe and healthy as they grow up.

[Lord Storey (LD)]

My Lords, we on these Benches very much welcome this Statement and congratulate the Government on bringing it forward. It is a very welcome first—perhaps not historic—positive step forward in equipping our children and young people to cope with life in a modern society.

I think it was David Cameron who, referring to Europe, said that we should “stop banging on” about it. I am, however, glad that on this issue so many Peers, MPs and organisations outside Parliament did bang on for some considerable time. That banging on has meant, in the end, that the Government have taken note. It is right to congratulate not just the present Government but the former Secretary of State, Justine Greening, who did a lot of work to get to this stage. I particularly remember meeting Edward Timpson, the then Children’s Minister, who was very clear in his view about this topic.

The importance that not only our party but young people, parents and teachers attach to this subject is clear from the 23,000 responses to the call for evidence. While there is no definitive tally of similar calls for evidence, I am confident that this number would be near the top of that particular league table. I have looked through the consultation, and I am glad that, as most school terms finish tomorrow, sufficient time has been allowed for schools to respond in the autumn.

It is quite interesting how the world, and government policy, have moved on in the last five years, but it is disappointing that what the noble Lord, Lord Nash, the Minister’s predecessor, said in this House five years ago—

“The Government believe that PSHE is a vital part of a broad and balanced curriculum and that excellent PSHE provision is part of the life-blood of all good schools”—[Official Report, 24/4/13; col. GC 426.]


—has not led to a commitment to go one step further and make PSHE a statutory part of the curriculum. I certainly do not accept that economic education is covered by the current provision in careers, maths and citizenship, as the Statement claims. It is welcome that students can decide, from the age of 15, to opt in to sex education even if their parents do not want them to. However, there is still a discussion to be had about whether one term of sex education in the year before the age of consent is sufficient.

Liberal Democrats believe there should be an independent standards authority to pilot, phase in and resource policy changes. Such an authority would be better able to monitor the introduction of RSE than either civil servants or Ofsted. A broad and balanced curriculum for life, as the Liberal Democrats would like to see, would also include mental health education, first aid and emergency life-saving skills and financial literacy, in addition to relationships and sex education. The Welsh Assembly has already introduced a new RSE curriculum on the basis of extensive research and consultation. What discussions have the Government had with the Welsh Minister?

In 2013, the noble Lord, Lord Nash, informed us:

“I agree that we need to improve the focus on this area through teaching, schools and ITT providers”.—[Official Report, 18/6/13; col. 136.]


I cannot, however, find any mention in the Statement about who will provide the resources to train teachers. Initial teacher training had been totally fragmented, and I am sure that head teachers will be trying to work out how to provide the high-quality CPD to bring their staff up to speed with yet another new demand on finite and shrinking resources.

I have three questions that I hope the Minister will be able to clarify. First, the Statement says that RSE will be prescribed core content for all schools. The phrase that I am unsure of—perhaps the Minister will explain how it would work—is that it,

“leaves flexibility for schools … with a religious character to deliver and expand”,

on that content. I am not sure how that will work in practice and what it means.

My second question has, I think, been asked by the noble Lord, Lord Watson. It is important not just to introduce this measure in 2019-20 but to make sure that it is of good quality, with qualified teachers and good resources. What funding has the Minister set aside to invest in high-quality training and continuous professional development?

Finally, the Minister says that financial education should not be made compulsory, as it is already covered in the national curriculum in maths and the careers strategy. The national curriculum, however, is not compulsory in academies and free schools. Are we planning to make it compulsory for those schools, so that this subject will be taught?

[Lord Agnew of Oulton]

My Lords, I thank the noble Lords for their questions on this subject and for their broad support. I thank the noble Lord, Lord Watson, for joining us yesterday and for the contributions that he made in that meeting. I hope that I will be able to answer most of their questions.

On the consultation period, the reason that we decided to issue the Statement today, ahead of the school holidays, is that most multi-academy trusts are open over these holidays. They cover half of secondary school pupils, so we felt that it was better to get the information out there sooner rather than later to enable them to get focused on the subject.

--- Later in debate ---

[Lord Agnew of Oulton]

My Lords, the point is that the subject is already being considered by the sector. That is why we have given it a 15-week period, which takes us to the next half-term. I was trying to answer the noble Lord’s question about why we issued it today rather than, say, on 1 September. Another thing we expect to see is a lot of schools introducing this from September 2019, which will be a year ahead of the statutory requirement. We expect that a lot of those early introducers will be the bigger chains, which are already further developed in this area.

The noble Lord also asked whether schools will be required to tell pupils and parents about the policy. It is clear that schools will be required to publish policies on their RSE and RE curriculum, and the guidance sets out what should be included in that notification.

On the right to withdraw, a parent may still request the withdrawal of their child in the three terms before they reach the 16 year-old age group, but if the child wishes to receive education, the school will be required to provide it. That is the case for all schools. To put that in perspective, 99.5% of children currently participate in the sex education that is going on in schools, so we do not feel that it will be a sensitive issue. Again, however, in the consultation we are asking for views from all respondents. If they feel that we need to improve the guidance, we are open-minded about doing that.

Regarding the materials and resources for schools, we are certainly committed to ensuring that schools are supported and ready to teach these new subjects to a high quality. Many schools are already doing that, so they will be able to adapt quickly to teaching the new subjects. But many schools will require some support, and we are asking questions in the consultation about where the help will be most needed. To support schools, we will ensure that there is a repository for quality teaching materials covering these new subjects. We intend to work closely with the unions, the MATs, the dioceses and subject associations to ensure that the right support is available for schools.

The noble Lord, Lord Watson, also asked whether the guidance will apply to all schools, including independent schools, and how we will know that the subject is being delivered in those schools. The guidance for relationships education and RSE will apply to all schools, including independent schools. PSHE is already a compulsory subject in independent schools and we will work with the Independent Schools Inspectorate, which already addresses these areas, to ensure that it covers the area adequately when it inspects.

I turn to the noble Lord, Lord Storey, who asked about the level of training that we will give to support teachers in these new areas. We will certainly amend the initial teacher training. In fact, perhaps I might give the noble Lord a list of the specific subjects that will be covered in the new areas. I think this gives a bit of context to the areas that teachers will address. The noble Lord will see from the list that much of this is already going on and this is just a way of codifying it. The subjects are: mental well-being; healthy friendships; LGBT; respectful relationships, including addressing inappropriate behaviour, harassment and exploitation; online safety; consent in all types of relationships, including sexual relationships where appropriate; tolerance and respect for others; the impact of viewing harmful content or sexually explicit material; and the law in relation to abuse, exploitation and harassment. That gives a flavour of the subjects, and I think they will be intuitive for the majority of the profession.

Schools will be encouraged to teach PSHE and may cover content that they feel their pupils need. The PSHE Association has today strongly welcomed our approach. I have a quote from the association that may provide some reassurance:

“The government’s commitment to mandatory health and relationships education is welcome and a major step forward. Damian Hinds has shown outstanding leadership in guaranteeing young people an education that supports their physical and mental health, wellbeing and relationships”,


and it goes on. We have made the association a key stakeholder in our discussions.

I think I addressed the topic of support to schools in replying to the noble Lord, Lord Watson, but I reiterate that we want to use the consultation to finalise our plans for the support that we provide to schools. It would be a bit premature to commit to a particular budget on school support before we get to the detail of the support that they feel they would like.

[Lord Storey]

Before the Minister sits down—perhaps he could write to me on this, because it is quite difficult to give a verbal answer—I get that the core RSE content will be prescribed for all schools, but then there will be flexibility for schools with a religious character to expand on that content. Could he write to me about how he sees that working in practice?

[Lord Agnew of Oulton]

I will write, but, to give the noble Lord some reassurance, two of the bodies that have been most effective in handling sex education have been the Catholic Education Service and the Church of England education service. Both have model ways of dealing with this, and part of that is early engagement with parents so that they do not feel that they are being railroaded into it and it is done in an inclusive way. I shall write with more details.