Relationships and Sex Education

Nick Gibb Excerpts

Monday 25th February 2019 Westminster Hall

[The Minister for School Standards (Nick Gibb)]

It is a pleasure to serve under your chairmanship yet again, Sir David. I welcome today’s debate on the right to withdraw from relationships and sex education, and the opportunity to set out clearly the rationale for the very significant reforms and to support all pupils’ social, personal and academic development. I congratulate the hon. Member for Warrington North (Helen Jones) on her excellent introduction to the debate, and I thank her for her support for the draft guidance and the regulation.

It has been a debate of powerful speeches that reflect the wide range of views on what can be a controversial subject. The array of views in the Chamber reflects the array of views in society more widely. The Government have sought to distil those views in the statutory guidance to reflect those disparate viewpoints. It has been carefully crafted and has received widespread support.

The hon. Member for Wythenshawe and Sale East (Mike Kane) asked whether the subject will be compulsory in all schools. The answer is yes, both in local authority maintained schools and in academies and free schools. It has not been introduced through the national curriculum but through the basic curriculum, which means it applies to all schools. We are committed to supporting schools through training and further advice, to share best practice. We are allocating £6 million in 2019-20 to develop a support programme for schools. It will be compulsory from September 2020, which gives time for schools to prepare, although we are encouraging early adopters to introduce it from this September.

The Children and Social Work Act 2017 placed a duty on the Secretary of State for Education to make relationships education compulsory for all primary schools, and relationships and sex education compulsory for all secondary schools. It also provided a power to carefully consider the status of personal, social, health and economic education, or elements thereof. Following a call for evidence, and having listened to concerns about equipping children for life in modern Britain—particularly concerns about safeguarding, mental health and online safety—we decided to make health education compulsory in all state-funded schools.

The focus of health education in primary schools is on teaching the characteristics of good physical health and mental wellbeing. That starts with pupils being taught about the benefits of daily exercise, good nutrition and sufficient sleep. It includes teaching about simple self-care techniques, about personal hygiene, bacteria and viruses, about good dental health and flossing, and about basic first aid. Emphasis is given to the positive relationship between good physical health and mental wellbeing, and to the benefits of spending time outdoors.

It was clear from responses to the call for evidence that many people wanted pupils to be better equipped to manage the online world. That has been reflected in the debate, including in the last couple of speeches. Pupils therefore will be taught about the benefits of rationing time online and the risks of excessive use of electronic devices. Schools should also consider how these subjects collectively can support the development of important attributes in pupils, such as honesty and truthfulness, kindness, consideration and respect, permission seeking and giving, and the concept of personal privacy.

I hope hon. Members will acknowledge the very clear and carefully crafted guidance we are providing to teachers for these subjects, including how we determined the required content for relationships education in primary schools and for relationships and sex education in secondary schools. We have listened to the breadth of views that have been expressed and ensured that any developments, including on the right to withdraw, remain consistent with the guiding principles for these subjects, which Parliament endorsed during the passage of the Children and Social Work Act.

Our guiding principle, therefore, is that these subjects should help keep children safe, which includes knowing the law on relationships, sex and health. Of course, that includes age-appropriate teaching about relationships that primary-age pupils need to understand—about building caring friendships and dealing with the ups and downs of friendships, for example. We have set out how schools can acknowledge respectfully that some pupils sitting in their classrooms may have same-sex parents or, indeed, a different family model. That is why the guidance states that pupils should be taught that

“others’ families, either in school or in the wider world, sometimes look different from their family, but that they should respect those differences and know that other children’s families are also characterised by love and care.”

We worked closely with a wide range of stakeholders to carefully craft the guidance in a way that is sensitive. The guidance states:

“In teaching Relationships Education and RSE, schools should ensure that the needs of all pupils are appropriately met, and that all pupils understand the importance of equality and respect. Schools must ensure that they comply with the relevant provisions of the Equality Act 2010…under which sexual orientation and gender reassignment are amongst the protected characteristics.”

It continues:

“Schools should ensure that all of their teaching is…age appropriate in approach and content. At the point at which schools consider it appropriate to teach their pupils about LGBT, they should ensure that this content is fully integrated into their programmes of study for this area of the curriculum rather than delivered as a standalone unit or lesson. Schools are free to determine how they do this, and we expect all pupils to have been taught LGBT content at a timely point as part of this area of the curriculum.”

That guidance was carefully crafted to create a coalition of the widest support, and I have been pleased to see a range of stakeholders acknowledge that today.

[Liam Byrne]

I am listening to the Minister very carefully. What will be the mechanism for resolving disputes where parents disagree with the judgment a school has come to?

[Nick Gibb]

I will come to that in a moment.

The Church of England’s chief education officer, Rev. Nigel Genders, said:

“If adopted, these guidelines will equip schools and teachers to help children and young people gain the skills and knowledge to understand and value one another within a pluralistic society.”

We have had similar support from the Catholic Education Service.

All schools, whether religious or not, will be required to take the religious beliefs of their pupils into account when they decide to deliver certain content, to ensure that topics are appropriately handled. However, it is of course vital that, by the time they become adults and participate in British society, pupils understand, respect and value all the protected characteristics in the Equality Act 2010. The Department trusts schools to make the right decisions about what and when they teach their pupils about topics, including equalities.

[Mr Ivan Lewis]

I thank the Minister for giving way. He is one of the Ministers that I think many of us in the Chamber massively respect due to the way he tries to do his job. I warmly welcome what he said about health education in our schools. We have had two tragedies involving young people in my constituency recently, and there is a growing awareness of how vital it is to teach mental wellbeing, particularly among young people, given the challenges they face.

However, who in the Government is responsible for assessing the cumulative impact on religious freedom of relationships and sex education, the regulation of private schools, and Ministry of Housing, Communities and Local Government guidance on schools’ integration duties? Religious freedom is cast aside all too often in our society. That question is particularly important in circumstances where Ofsted takes a different view from a school. The guidance states that schools should be able to teach these things in a way that is consistent with their religious ethos, but who does a school consult when making decisions about what it is able to do in a way that is consistent with its religious ethos, without Ofsted intervening and making—certainly in some cases—inappropriate decisions?

[Nick Gibb]

The hon. Gentleman raises some very good points. We take these issues extremely seriously. We continually meet religious groups from right across the spectrum to discuss these very sensitive issues. He raised the issue of Ofsted. In common with other curriculum areas, Ofsted will not make a discrete judgment on the delivery of relationships education or RSE, but the proposed new Ofsted framework continues to set out the expectation that inspectors will consider the spiritual, moral and cultural development of pupils as well as a broad and balanced curriculum when informing the judgment of a school. We are of course in discussion with Ofsted the whole time to ensure that it enforces these rules in a sensitive way that reflects the religious background of the schools it inspects.

We have been clear that parents and carers are the primary teachers of these topics, and that these subjects are designed to complement and reinforce the role of parents by building on what children learn at home. That is why we have retained parents’ ability to request that their child be withdrawn from the sex education elements of RSE should they wish. I assure my hon. Friends the Members for Congleton (Fiona Bruce) and for Bolton West (Chris Green) that the draft guidance preserves that parental right but also reflects the rights of a young person who is competent to make their own decision.

[Fiona Bruce]

I repeat that the guidelines indicate that, in exceptional circumstances, a headteacher may refuse such a request. I would be grateful if the Minister addressed that. The guidelines also state:

“Schools should ensure that parents know what will be taught and when”.

There is concern about how parents will be informed when relationships education becomes relationships and sex education, and the right of withdrawal becomes effective. How will that be monitored? Is that going to be left to Ofsted, or is there going to be more sensitive monitoring? In the light of the concerns that have been expressed, perhaps such monitoring would be appropriate.

[Nick Gibb]

I understand my hon. Friend’s point, which was also made passionately by the right hon. Member for East Antrim (Sammy Wilson) and the hon. Member for Strangford (Jim Shannon). I reiterate and refer all hon. Members, including my hon. Friend, to paragraph 47 of the guidance, which clearly says—and I acknowledge what she quoted—that

“except in exceptional circumstances, the school should respect the parents’ request to withdraw the child.”

That is clearly set out and schools have to have regard to those requirements.

Going further, the school has to set out its policy on its website—I will come to that in my comments—and it has to consult parents. There are sections in the guidance that clearly set out that schools should be consulting and working with parents when they are developing their policies for relationships and sex education, and when the right to withdraw will apply, so that parents are aware of what their child’s school will be teaching and when. When schools are introducing the curriculum they should be consulting parents.

I reflect the point made by the right hon. Member for Birmingham, Hodge Hill (Liam Byrne). As new generations and cohorts of parents and children go through, the school will want to continue to re-consult on the same curriculum, even if they are not changing it. The school needs to consult current parents, not just the parents from five or six years ago.

[Jim Shannon]

The hon. Member for Bury South (Mr Lewis) is right that the Minister responds very well to comments that are put forward. I remind the Minister that, in my contribution, I referred to the regulation that states:

“If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.”

Despite what the Minister says, it seems to me that the end result is that headmaster or the principal can overrule the parent, which I think is wrong.

[Nick Gibb]

I understand the hon. Gentleman’s point. We have to take into account a range of views. Headteachers will want to respect the views of parents, but there may be exceptional circumstances. I do not want to iterate them in the debate, nor do we want to set them out, but there may be exceptional circumstances with a particular child when it is necessary to refuse the right the withdraw them. They will be very exceptional circumstances.

The previous position was that parents had the right to withdraw their child from sex education until the age of 18. That cut-off point for the right to withdraw is now untenable, as it is incompatible with developments in English case law and with the European convention on human rights. Therefore, we have sought to deliver a sensible new position that suitably balances the rights of parents with the rights of young people. We believe that we have done that sensitively and effectively. Parents will be able to request that their child be withdrawn from sex education and that request should—unless there are exceptional circumstances—be granted, up until three terms before the child becomes 16, at which point the child can decide to opt in. If a child takes that decision, the school should ensure that they receive teaching in one of those three terms.

As with other aspects of the regulations and guidance, we have tested this position with expert organisations, including teaching unions, a wide range of faith groups and subject associations, including the Association of Muslim Schools, the Board of Deputies of British Jews, the United Synagogue, Parentkind, the National Police Chief's Council, the NSPCC, Barnardo’s, Mumsnet, Mencap, the Centre of expertise on child sexual abuse, the Council for Disabled Children and many others. They are listed in the response to the consultation.

We have seen huge support today for the incredible step we are taking with the new guidance and regulations. The guidance further stipulates the need for parental engagement during the development of the RSE policies. Good practice should include demonstrating to parents the type of age-appropriate resources that will be used in teaching. The regulations stipulate schools must have an up to date written statement of their policy, which must be published and available free of charge to anyone. We continue to be clear that parents should understand the content of all three subjects, and that schools should work to understand and allay parental concerns where possible. To respond to the point made by the right hon. Member for Birmingham, Hodge Hill, we have been working with Parkfield Community School and the council to try to resolve the issue in a supportive manner. The regional schools commissioner has been closely involved in the situation and in meetings that have happened since the problem first arose.

[Shabana Mahmood]

Will the Minister give way?

[Nick Gibb]

I am so sorry, but I will not as there is only five minutes to go. The hon. Lady referred to consultation with parents. The draft regulations and guidance outlining this content are the fruition of an extensive public engagement process and call for evidence that received over 23,000 submissions. That evidence was used to develop the draft regulations, statutory guidance and regulatory impact assessment, and was the subject of a public consultation that ran from July to November 2018. There were over 40,000 engagements, over 11,000 submissions and 29,000 signatures on two petitions.

[Shabana Mahmood]

I appreciate the Minister’s comments about how schools are expected to behave as a result of the new guidance, but he has still not addressed the material point about what happens when schools and parents disagree. What is the mechanism for resolving that dispute? What rights will parents have in that process? The process he outlined in relation to Parkfield was made up as he went along, and is not a process that parents can rely on as the guidance is rolled out.

[Nick Gibb]

Ultimately, decisions have to be taken about what the policy is for a school, but the school has to consult. If there are concerns that the school has not consulted properly, then there are a raft of complaints processes for academies and local authority schools that ultimately escalate to the school complaints unit in the Department for Education and the Secretary of State will take a decision, although that will usually be delegated to officials. There are processes for complaints—they will go through academies and the regional schools commissioner. The Department works closely with schools that are facing these challenging circumstances.

These subjects now present an incredible opportunity through updated regulations and guidance. The guidance on these issues had not been updated since 2000, since when we have had significant development in terms of the internet, and all the new risks and problems facing this generation of children. I trust that I have demonstrated the value that relationships education, as well as sex education and health education, offers children growing up in an increasingly complex and diverse world. Importantly, I hope that I have reassured that the position on the right to withdraw from sex education reflects our clear respect for the value and rights of parents.