Personal, Social, Health and Economic Education

(asked on 15th March 2019) - View Source

Question to the Department for Education:

To ask the Secretary of State for Education, what legal cases on a parent's right to withdraw their child from sex education lessons were considered by his Department; and if he will make a statement.


Answered by
Nick Gibb Portrait
Nick Gibb
This question was answered on 25th March 2019

On 25 February 2019, following a 17-week consultation on the draft regulations and associated guidance on relationships education, relationships and sex education (RSE) and health education, we published the updated guidance, and laid the regulations for debate in Parliament. The regulations include provision in respect of the right to be excused from sex education that are compatible with the law as it now stands. The case law in relation to a child’s competence to make their own decisions has evolved over time – see for example the 2006 case of ‘R (Axon) v Secretary of State for Health’.

The draft statutory guidance on relationships education, RSE, and health education sets out that parents can request that their child be excused from sex education taught as part of RSE at any time. Unless there are exceptional circumstances, head teachers should agree to such requests until three terms before the pupil turns 16. At that point, if the pupil wishes to be taught sex education as part of RSE rather than be withdrawn and again unless there are exceptional circumstances, the school should make arrangements to provide this education for the pupil in one of the three terms before their 16th birthday. Pupils do not have the right to withdraw themselves from sex education or other parts of the curriculum.

It is for head teachers to consider the circumstances which may warrant refusing a request to withdraw a pupil from sex education. Paragraphs 45-47 of the guidance sets out the good practice process to follow when headteachers are considering parental requests to withdraw their child from sex education. The guidance is available via this link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/781150/Draft_guidance_Relationships_Education__Relationships_and_Sex_Education__RSE__and_Health_Education2.pdf.

The Children and Social Work Act 2017, which is the primary legislation that placed a duty on my right hon. Friend, the Secretary of State to make relationships education and RSE compulsory, did not provide for a right to withdraw from relationships education. The Department has decided that there should also be no right to withdraw from relationships education delivered as part of RSE.

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