Date updated: Thursday 3rd March 2022

The Government’s “Political impartiality in schools” Guidance (the “Guidance”) was published on 17 February 2022. The Guidance, which is non-statutory, aims to explain the existing legal requirements relating to political impartiality in schools. Importantly, it does not introduce any new statutory requirements. It is anticipated, therefore, that most school leaders, teachers and staff will be familiar with the duties and principles which are set out in the Guidance. 

This article considers the legal framework sitting behind the requirement for political impartiality in schools and highlights the key areas of the Guidance that schools, including independent schools, ought to be aware of. There are no specific actions for schools to take as a result of the publication of this Guidance, other than to ensure that staff are familiar with the existing legal requirements and principles.

The existing statutory requirements relating to political impartiality, which apply to all schools (including independent schools), mean that schools:

  • must prohibit the promotion of partisan political views;
  • should take steps to ensure the balanced presentation of opposing views on political issues when they are brought to the attention of pupils.

As the Guidance explains, schools’ “legal duties on political impartiality do not supersede schools’ other statutory requirements. Schools should take a reasonable and proportionate approach to ensuring political impartiality, alongside their other responsibilities”. This includes, for example, legal responsibilities arising under the Equality Act 2010 and the need to promote fundamental British values relating to democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs (Fundamental British Values). As regards schools designated with a religious character, the Guidance states that such schools are “free to teach according to the tenets of their faith” and the Government does not “consider principles or views in line with these tenets to be covered by statutory requirements on political impartiality”.

It is also important to note that there are existing arrangements in place which require teachers to ensure that their personal beliefs are not expressed in ways which exploit pupils’ vulnerability or might lead them to break the law. Ultimately, teachers may be subject to a Prohibition Order if they act or behave in such a way so as to undermine the Fundamental British Values.

The Guidance covers a wide range of issues and concepts, both contemporary and historical, and includes practical examples on how to discuss politics and issues where the “political context around them can pose difficulties”. In doing so, it seeks to explain the distinction between teaching historical facts and perspectives on those facts. It also seeks to explain the importance of explaining when views are unlawful and/or incompatible with British Values whilst providing a balanced account of differing partisan opinions regarding such views.  

It is acknowledged that some political issues will be more sensitive than others, but that schools are “free to include a full range of issues, ideas, and appropriate materials including where they are challenging and controversial”.

Of particular note are the following practical examples which are cited in the Guidance:

  • the decriminalisation of homosexuality in the UK – the Guidance states that “Teachers are not required to present these discriminatory beliefs uncritically or as acceptable in our society today. They can and should be clear with pupils on the dangers of present-day sexist views and practices, including the facts and laws about discrimination on the basis of sexual orientation”;
  • contentious and disputed historical events, including topics relating to “Empire” and “Imperialism” – the Guidance acknowledges that such issues may be subject to “differing partisan political views” and that they “should be taught in a balanced manner”;
  • racism and specific campaigning groups – as regards racism, the Guidance directs that “teachers should be clear that racism has no place in our society and help pupils to understand facts about this and the law”. Where schools wish to teach about specific campaigning organisations, for example, those associated with the “Black Lives Matter” movement, the Guidance cautions that schools “should be aware that this may cover partisan political views” and that such content should be “taught appropriately taking steps to offer pupils a balanced account of opposing views on these points. Partisan political views must not be promoted to pupils, including by encouraging pupils to support campaign groups advocating such views”; and
  • leaders with contested legacies – the Guidance makes it clear that schools are free to teach younger pupils about significant political figures, including those who have controversial and contested legacies. It is noted, however, that “it may be advisable to focus on teaching about what these figures are most renowned for and factual information about them if teachers think pupils may not be able to understand the contested nature of more complex analyses of their lives, beliefs and actions”. It is suggested that discussions of such matters might be reserved for older pupils, on the assumption that they are more likely to be able to engage in meaningful debates and develop a balanced understanding of such issues.

Schools have a legal duty to take steps to ensure pupils receive a balanced presentation of opposing views, where political issues are brought to their attention. The Guidance states that schools should also consider how:

  • “meaningful political balance across the whole curriculum and during pupils’ time at school can be achieved” and
  • “to ensure pupils are taught about a diverse range of views and ideas.”

It is recommended that teachers and staff should “interpret schools legal duties relating to balance, using their reasonable judgement. They should not take a mechanistic approach to ensuring a balanced presentation of opposing views.” It should be noted, however, that the Guidance specifically states that “teachers should not present dangerous and discriminatory views unchallenged, and this is not a necessary part of a balanced presentation of opposing views”.
The Guidance advises that, where practical, schools should present pupils with a “reasonable range of views on a political issue in the interest of balance and effective teaching. This means at least two significantly different perspectives, rather than several views that are only marginally different”.  It is acknowledged, however, that schools won’t always need to cover a number of different views, and that “they shouldn’t feel obliged to do so when this is impracticable”.

The Guidance states that “Decisions about how to teach about a political issue in line with legal duties on political impartiality should consider the age, developmental stage, and existing knowledge of pupils”. This echoes the sentiments of a recent statement made by the Education Secretary, Nadhim Zahawi, who opined that subjects must be “treated in an age-appropriate way, with sensitivity and respect, and without promoting contested theories as fact”.

The Guidance cautions that it may not be possible to “to offer a balanced presentation of opposing views or avoid inadvertently promoting partisan political views, where pupils are not old enough to understand the distinction between relevant contested views and facts.” It is recommended that where political issues are covered with younger pupils, that schools consider how they might be taught differently compared to older age groups. It is suggested that schools might focus on the “general factual content” with younger pupils, whilst older pupils could be presented with a more “comprehensive overview”.

It is acknowledged that external agencies, including charitable organisations, can help to enhance and supplement both the delivery of the curriculum and wider school activity. It is important to note that schools are ultimately responsible for ensuring that external agency do not undermine the Fundamental British Values. In addition, the Guidance is clear that schools “should not under any circumstances work with, or use materials produced by, external agencies that take extreme political positions on these matters. This is the case even if the material itself is not extreme, as the use of it could imply endorsement or support of the organisation”.