New Relationships and Sex Education Guidance

Earlier this year the first new guidance on Relationships and Sex Education (RSE) in almost 20 years was issued by the Department for Education.

The new regime will make RSE compulsory in all secondary schools, including those in the independent sector, from September 2020. Primary schools across all sectors will also be required to teach Relationships Education. While not compulsory, the Government also recommends that primary pupils are provided with an age-appropriate programme of sex education.

The guidance also introduces an expectation that pupils will be taught about LGBT relationships, though the point at which this content will be introduced is a matter left to individual schools.

Since its publication the guidance hasn’t strayed far from the headlines, with the proposals around parental rights of withdrawal and LGBT content proving particularly polarising. Given the lack of public consensus on the issue - some groups oppose the updated guidance on the grounds it goes too far, while others are of the view it does not go far enough – it is unsurprising many schools have been left confused about what the new regime will mean for them.

What do independent schools have to teach?

Independent schools will be expected to comply with the new guidance and therefore to provide secondary pupils with a programme of RSE, and primary pupils with relationships education.

The independent sector will not be caught, however, by the new obligation on state schools to teach Health Education. This is because the Independent School Standards Regulations already require independent schools to have schemes of work in place for personal, social, health and economic education (PSHE), and to implement these effectively. Furthermore, there is no need for these lessons to be delivered through any timetabled lesson known as PSHE, with schools free to frame such content as they like.

Independent schools with a religious character will be permitted under the guidance to teach the ‘distinctive faith perspective on relationships’ and may reflect on faith teachings on certain topics. Teaching must, however, reflect the law as it applies to relationships, including the Equality Act 2010.

Can parents withdraw pupils from RSE and Relationships Education?

At secondary level, parents will have the right to request that their child is removed from ‘some or all’ of the sex education offered, but there will be no such right in relation to Relationships Education. While the final decision will rest with the head teacher, the guidance states that other than in ‘exceptional circumstances’, schools should respect parents’ wishes.

Head teachers are advised that good practice in this area will usually include meeting with the parents (and where appropriate the child) to discuss the request and to outline the benefits of providing the education. It is also suggested that the risk a child will simply hear their peers’ version of the relevant classes is flagged to parents. The guidance also introduces a new right on the part of pupils to opt back in to RSE from the point at which they are three terms away from turning 16.

At primary level, only Relationships Education will be compulsory, with sex education offered at schools’ discretion. As in relation to secondary settings, there will be no right to withdraw pupils from Relationships Education, however head teachers will need to comply with any parental request to withdraw a pupil from sex education where this is taught.

What should schools do to prepare?

All schools will be required to have a written policy in place covering RSE and should consult parents when developing and reviewing the same. This policy must be made available to parents and to others; a copy must be provided free of charge to anyone who requests one, and it should also be published on the school’s website. Among other things, RSE policies should cover the right to withdraw and set out how content will be made accessible to all pupils, including those with SEND.

The new and detailed guidance provides schools with a valuable opportunity to examine and update their RSE and PSHE curriculums with a view to ensuring they adequately prepare students for the challenges of modern life. Schools may want to reflect in particular on the unique and valuable contribution both subjects can make to safeguarding.