Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what requests for information relating to (a) abortion and (b) sex and relationships education were made to his Department and its predecessor under the provisions of the Freedom of Information Act 2000 in each year since 2010; whether each request was (i) agreed to and (ii) refused; if he will place in the Library a copy of the information provided in response to each request; and if he will make a statement.
Answered by Nick Gibb
The information requested is not held centrally and could only be obtained at disproportionate cost.
The new guidance for relationships, sex and health education says that teaching should cover contraception, developing intimate relationships and resisting pressure to have sex. Pupils should be taught what is acceptable and unacceptable behaviour in relationships. They should also be taught that there are many different legal provisions whose purpose is to protect young people and which ensure young people take responsibility for their actions. Pupils should be made aware of the relevant legal provisions when topics such as abortion are being taught.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what information is provided to parents on the content of sex education being taught in their child's primary school; and if he will make a statement.
Answered by Nick Gibb
Sex education has been compulsory in all maintained secondary schools since 1993. It is not compulsory in primary schools and will not be once the proposed new subjects of Relationships Education and Relationships and Sex Education become compulsory. The statutory sex and relationships education (SRE) guidance (2000) states that maintained schools must have an up-to-date policy that sets out the school’s approach to sex education and that they should consult their pupils’ parents on this, making the policy available to parents. It is for schools to determine what range of information they provide to parents, but they must have regard to statutory guidance.
The Government is now making Relationships Education compulsory for all primary pupils, Relationships and Sex Education (RSE) compulsory for all secondary pupils and Health Education compulsory for all pupils in primary and secondary state funded schools from September 2020.
All schools will be required to have in place a written policy for Relationships Education and for RSE. Schools must consult parents in developing and reviewing their policy. Schools should ensure that the policy meets the needs of pupils and parents and reflects the community they serve. Schools should also ensure that the policy sets out the content of the subjects, how the content is taught and who is responsible for teaching it. The draft guidance is clear that schools should ensure that, when they consult parents, they provide examples of the resources they plan to use. Schools should assess each resource that they propose to use to ensure that it is appropriate for the age and maturity of pupils, and is sensitive to their needs.
The key decisions on these subjects and the drafting of the guidance were informed by a thorough engagement process. The public call for evidence was launched in December 2017 and received over 23,000 responses from parents, young people and schools. The Department engaged with 90 organisations representing a broad range of views and a broad range of evidence. These stakeholders can be found in the Government response to the Call for Evidence at: https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/supporting_documents/180718%20Consultation_call%20for%20evidence%20response_policy%20statement.pdf.
The revised draft guidance was not shared publicly between the close of the consultation and it being finalised following decisions by Ministers in light of the consultation responses. It was only shared, under embargo, immediately in advance of publication with a small number of stakeholders to allow for communications on the day of publication.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance his Department has provided to schools since 2010 on the potential liability of schools governors in the event of (a) a fatality, (b) stroke and (c) other adverse reaction to a pupil aged under 16 years as a direct consequence of taking the emergency hormonal contraceptive pill where the drug has been supplied (i) on school premises with the sanction of the governors, (ii) on school premises without the sanction of the governors and (iii) off school premises but as a result of a referral by a school nurse on school premises without the sanction of the governors.
Answered by Nadhim Zahawi
The department does not provide guidance to school governors regarding their potential liability for the welfare of pupils, under 16 years of age, who use emergency contraception supplied either on school premises, or as a result of referral made on school premises. The Governance Handbook was updated on 22nd March 2019.
Young people under the age of 16 are legally able to consent to medical advice and treatment, including the use of emergency contraception, without their parents’ knowledge or consent if a doctor or other healthcare worker judges them competent to do so. Healthcare professionals providing emergency contraception to under 16s without parental consent should follow the criteria outlined in the Fraser guidelines for competence to consent.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, if he will bring forward proposals to require the headteacher of a (a) primary and (b) secondary school to show parents upon request the material used in their school to teach sex and relationships education; what recent representations he has received on that issue; and if he will make a statement.
Answered by Nick Gibb
Sex education has been compulsory in all maintained secondary schools since 1993. When teaching sex education, schools are required to have regard to the statutory sex and relationships education guidance, which was last updated in 2000. This states that maintained schools must have an up-to-date policy, that sets out the school’s approach to sex education, that they should consult their pupils’ parents and make the policy available to parents. Governors and head teachers should discuss with parents and take on board concerns, on sensitive material to be used in the classroom.
We have recently consulted on updated guidance for sex education alongside the introduction of relationships education at primary and secondary schools. On its introduction, all schools will be required to have in place a written policy for relationships education and relationships and sex education (RSE). Schools must consult parents in developing and reviewing their policy. Schools should ensure that the policy meets the needs of pupils and parents and reflects the community they serve. Schools should also ensure that the policy sets out the content of the subjects, how the content is taught and who is responsible for teaching it. The draft guidance is also clear that schools should ensure that, when they consult parents, they provide examples of the resources they plan to use, as this can be reassuring for parents, and enables them to continue the conversations started in class at home. Schools should assess each resource that they propose to use to ensure that it is appropriate for the age and maturity of pupils, and sensitive to their needs. The Department does not provide guidance to schools on what they place in school libraries as the Department believes schools are best placed to determine this.
The Department conducted a consultation on the draft regulations, statutory guidance and regulatory impact assessment for relationships education, relationships and sex education and health education between July and November 2018. The drafting of the consultation and draft statutory guidance was led by my right hon. Friend, the Secretary of State for Education and I, with support from a small team of policy officials and an experienced Headteacher, Ian Bauckham CBE.
The Department was contacted by over 40,000 individuals and organisations during the consultation process. Prior to the consultation, the key decisions were informed by a thorough engagement process. The public call for evidence received over 23,000 responses and the Department engaged directly with 90 organisations, including parents, young people, headteachers, teachers, governors, subject specialists, teaching unions, charities and faith groups. The Department has not made an assessment of their views on abortion specifically. These stakeholders can be found in the Government response to the Call for Evidence at: https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/supporting_documents/180718%20Consultation_call%20for%20evidence%20response_policy%20statement.pdf.
From time-to-time the Department does also receive correspondence on materials used in the current delivery of sex education and this can be due to a variety of reasons. The Department encourages correspondents to contact their school to discuss this and ensure that they are aware of the current sex and relationships education guidance. The Department would take seriously any concern regarding inappropriate materials. The Department has also received a recent petition which raised concerns about RSE resources being produced by lobby groups and external organisations. The draft guidance is clear that schools should ask to see the materials visitors will use as well as a lesson plan in advance, so that they can ensure it meets the full range of pupils’ needs (e.g. special educational needs). The Department also recognises that schools use resources from representative bodies (e.g. many Catholic and other schools draw on the model curricula provided by the Catholic Education Service.) The guidance encourages schools to draw on the expertise of the main subject associations which often quality assure third party resources.
The Department is committed to supporting schools through training, further advice to improve practice and sharing of best practice, including examples of successful parental engagement. This will include advice on using quality assured, age-appropriate resources.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance his Department issues to schools on the type of (a) material and (b) publications relating to sex and relationships education in school libraries; what recent representations he has received from parents about the type of material placed in school libraries on those matters; and if he will make a statement.
Answered by Nick Gibb
Sex education has been compulsory in all maintained secondary schools since 1993. When teaching sex education, schools are required to have regard to the statutory sex and relationships education guidance, which was last updated in 2000. This states that maintained schools must have an up-to-date policy, that sets out the school’s approach to sex education, that they should consult their pupils’ parents and make the policy available to parents. Governors and head teachers should discuss with parents and take on board concerns, on sensitive material to be used in the classroom.
We have recently consulted on updated guidance for sex education alongside the introduction of relationships education at primary and secondary schools. On its introduction, all schools will be required to have in place a written policy for relationships education and relationships and sex education (RSE). Schools must consult parents in developing and reviewing their policy. Schools should ensure that the policy meets the needs of pupils and parents and reflects the community they serve. Schools should also ensure that the policy sets out the content of the subjects, how the content is taught and who is responsible for teaching it. The draft guidance is also clear that schools should ensure that, when they consult parents, they provide examples of the resources they plan to use, as this can be reassuring for parents, and enables them to continue the conversations started in class at home. Schools should assess each resource that they propose to use to ensure that it is appropriate for the age and maturity of pupils, and sensitive to their needs. The Department does not provide guidance to schools on what they place in school libraries as the Department believes schools are best placed to determine this.
The Department conducted a consultation on the draft regulations, statutory guidance and regulatory impact assessment for relationships education, relationships and sex education and health education between July and November 2018. The drafting of the consultation and draft statutory guidance was led by my right hon. Friend, the Secretary of State for Education and I, with support from a small team of policy officials and an experienced Headteacher, Ian Bauckham CBE.
The Department was contacted by over 40,000 individuals and organisations during the consultation process. Prior to the consultation, the key decisions were informed by a thorough engagement process. The public call for evidence received over 23,000 responses and the Department engaged directly with 90 organisations, including parents, young people, headteachers, teachers, governors, subject specialists, teaching unions, charities and faith groups. The Department has not made an assessment of their views on abortion specifically. These stakeholders can be found in the Government response to the Call for Evidence at: https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/supporting_documents/180718%20Consultation_call%20for%20evidence%20response_policy%20statement.pdf.
From time-to-time the Department does also receive correspondence on materials used in the current delivery of sex education and this can be due to a variety of reasons. The Department encourages correspondents to contact their school to discuss this and ensure that they are aware of the current sex and relationships education guidance. The Department would take seriously any concern regarding inappropriate materials. The Department has also received a recent petition which raised concerns about RSE resources being produced by lobby groups and external organisations. The draft guidance is clear that schools should ask to see the materials visitors will use as well as a lesson plan in advance, so that they can ensure it meets the full range of pupils’ needs (e.g. special educational needs). The Department also recognises that schools use resources from representative bodies (e.g. many Catholic and other schools draw on the model curricula provided by the Catholic Education Service.) The guidance encourages schools to draw on the expertise of the main subject associations which often quality assure third party resources.
The Department is committed to supporting schools through training, further advice to improve practice and sharing of best practice, including examples of successful parental engagement. This will include advice on using quality assured, age-appropriate resources.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance his Department issues to schools on the materials used in sex education in (a) primary and (b) secondary schools; what recent representations he has received on that issue from (i) hon. Members and (ii) the parents of (A) primary and (B) secondary school pupils; what response was given by his Department in each such case; if he will place in the Library a copy of each such response; and if he will make a statement.
Answered by Nick Gibb
Sex education has been compulsory in all maintained secondary schools since 1993. When teaching sex education, schools are required to have regard to the statutory sex and relationships education guidance, which was last updated in 2000. This states that maintained schools must have an up-to-date policy, that sets out the school’s approach to sex education, that they should consult their pupils’ parents and make the policy available to parents. Governors and head teachers should discuss with parents and take on board concerns, on sensitive material to be used in the classroom.
We have recently consulted on updated guidance for sex education alongside the introduction of relationships education at primary and secondary schools. On its introduction, all schools will be required to have in place a written policy for relationships education and relationships and sex education (RSE). Schools must consult parents in developing and reviewing their policy. Schools should ensure that the policy meets the needs of pupils and parents and reflects the community they serve. Schools should also ensure that the policy sets out the content of the subjects, how the content is taught and who is responsible for teaching it. The draft guidance is also clear that schools should ensure that, when they consult parents, they provide examples of the resources they plan to use, as this can be reassuring for parents, and enables them to continue the conversations started in class at home. Schools should assess each resource that they propose to use to ensure that it is appropriate for the age and maturity of pupils, and sensitive to their needs. The Department does not provide guidance to schools on what they place in school libraries as the Department believes schools are best placed to determine this.
The Department conducted a consultation on the draft regulations, statutory guidance and regulatory impact assessment for relationships education, relationships and sex education and health education between July and November 2018. The drafting of the consultation and draft statutory guidance was led by my right hon. Friend, the Secretary of State for Education and I, with support from a small team of policy officials and an experienced Headteacher, Ian Bauckham CBE.
The Department was contacted by over 40,000 individuals and organisations during the consultation process. Prior to the consultation, the key decisions were informed by a thorough engagement process. The public call for evidence received over 23,000 responses and the Department engaged directly with 90 organisations, including parents, young people, headteachers, teachers, governors, subject specialists, teaching unions, charities and faith groups. The Department has not made an assessment of their views on abortion specifically. These stakeholders can be found in the Government response to the Call for Evidence at: https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/supporting_documents/180718%20Consultation_call%20for%20evidence%20response_policy%20statement.pdf.
From time-to-time the Department does also receive correspondence on materials used in the current delivery of sex education and this can be due to a variety of reasons. The Department encourages correspondents to contact their school to discuss this and ensure that they are aware of the current sex and relationships education guidance. The Department would take seriously any concern regarding inappropriate materials. The Department has also received a recent petition which raised concerns about RSE resources being produced by lobby groups and external organisations. The draft guidance is clear that schools should ask to see the materials visitors will use as well as a lesson plan in advance, so that they can ensure it meets the full range of pupils’ needs (e.g. special educational needs). The Department also recognises that schools use resources from representative bodies (e.g. many Catholic and other schools draw on the model curricula provided by the Catholic Education Service.) The guidance encourages schools to draw on the expertise of the main subject associations which often quality assure third party resources.
The Department is committed to supporting schools through training, further advice to improve practice and sharing of best practice, including examples of successful parental engagement. This will include advice on using quality assured, age-appropriate resources.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, how many (a) Ministers and (b) officials were responsible for drafting (i) Relationships Education, Relationships and Sex Education, and Health Education in England Government consultation and (ii) the draft statutory guidance for governing bodies, proprietors, head teachers, principals, senior leadership teams, teachers; and which (i) organisations and (ii) individuals were consulted on the draft guidelines; known to his Department to take a (A) pro-life and (B) pro-choice view on abortion.
Answered by Nick Gibb
Sex education has been compulsory in all maintained secondary schools since 1993. When teaching sex education, schools are required to have regard to the statutory sex and relationships education guidance, which was last updated in 2000. This states that maintained schools must have an up-to-date policy, that sets out the school’s approach to sex education, that they should consult their pupils’ parents and make the policy available to parents. Governors and head teachers should discuss with parents and take on board concerns, on sensitive material to be used in the classroom.
We have recently consulted on updated guidance for sex education alongside the introduction of relationships education at primary and secondary schools. On its introduction, all schools will be required to have in place a written policy for relationships education and relationships and sex education (RSE). Schools must consult parents in developing and reviewing their policy. Schools should ensure that the policy meets the needs of pupils and parents and reflects the community they serve. Schools should also ensure that the policy sets out the content of the subjects, how the content is taught and who is responsible for teaching it. The draft guidance is also clear that schools should ensure that, when they consult parents, they provide examples of the resources they plan to use, as this can be reassuring for parents, and enables them to continue the conversations started in class at home. Schools should assess each resource that they propose to use to ensure that it is appropriate for the age and maturity of pupils, and sensitive to their needs. The Department does not provide guidance to schools on what they place in school libraries as the Department believes schools are best placed to determine this.
The Department conducted a consultation on the draft regulations, statutory guidance and regulatory impact assessment for relationships education, relationships and sex education and health education between July and November 2018. The drafting of the consultation and draft statutory guidance was led by my right hon. Friend, the Secretary of State for Education and I, with support from a small team of policy officials and an experienced Headteacher, Ian Bauckham CBE.
The Department was contacted by over 40,000 individuals and organisations during the consultation process. Prior to the consultation, the key decisions were informed by a thorough engagement process. The public call for evidence received over 23,000 responses and the Department engaged directly with 90 organisations, including parents, young people, headteachers, teachers, governors, subject specialists, teaching unions, charities and faith groups. The Department has not made an assessment of their views on abortion specifically. These stakeholders can be found in the Government response to the Call for Evidence at: https://consult.education.gov.uk/pshe/relationships-education-rse-health-education/supporting_documents/180718%20Consultation_call%20for%20evidence%20response_policy%20statement.pdf.
From time-to-time the Department does also receive correspondence on materials used in the current delivery of sex education and this can be due to a variety of reasons. The Department encourages correspondents to contact their school to discuss this and ensure that they are aware of the current sex and relationships education guidance. The Department would take seriously any concern regarding inappropriate materials. The Department has also received a recent petition which raised concerns about RSE resources being produced by lobby groups and external organisations. The draft guidance is clear that schools should ask to see the materials visitors will use as well as a lesson plan in advance, so that they can ensure it meets the full range of pupils’ needs (e.g. special educational needs). The Department also recognises that schools use resources from representative bodies (e.g. many Catholic and other schools draw on the model curricula provided by the Catholic Education Service.) The guidance encourages schools to draw on the expertise of the main subject associations which often quality assure third party resources.
The Department is committed to supporting schools through training, further advice to improve practice and sharing of best practice, including examples of successful parental engagement. This will include advice on using quality assured, age-appropriate resources.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, if he will make it his policy to exclude the provision of counselling for (a) abortion and (b) abortifacient birth control to school pupils; and if he will make a statement.
Answered by Nick Gibb
Healthcare professionals can provide confidential sexual health advice and treatment to young people as long as they believe the young person is mature enough to understand the information and decisions involved. Schools can invite health professionals to provide advice and support on a range of issues for their pupils and we trust schools to decide what is appropriate for their pupils.
Through the introduction of relationships education, relationships and sex education and health education the Department has set out the core knowledge that all pupils should be taught, whilst allowing flexibility for schools to design a curriculum that is age and developmentally appropriate and taught in a sensitive and inclusive way, with respect to the background and beliefs of pupils.
It is important that pupils know what the law says about sex, relationships and young people. The draft statutory guidance states that in relation to intimate and sexual relationships, including sexual health, pupils should know the facts about the full range of contraceptive choices, efficacy and options available; the facts around pregnancy including miscarriage; and that there are choices in relation to pregnancy (with medically and legally accurate, impartial information on all options, including keeping the baby, adoption, abortion and where to get further help).
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance his Department provides to schools on the liability of (a) school governors, (b) teachers, (c) head teachers and (d) other school staff if there are adverse consequences from emergency contraception which has been provided to girls under the age of 16 years by school staff on school premises without the consent of parents; and if he will make a statement.
Answered by Nick Gibb
The Department does not provide guidance on the liability of school governors, teachers, head teachers and other school staff if there are adverse consequences from taking emergency contraception.
Asked by: David Amess (Conservative - Southend West)
Question to the Department for Education:
To ask the Secretary of State for Education, with reference to Section 34(2)(d) of the Children and Social Work Act 2017, under what circumstances a (a) pupil may be excused and (b) a pupil below a specified age, from receiving relationships and sex education or specified elements of that education; if he will make it his policy to allow a parental opt out for (i) all and (ii) or part of (A) relationships and (B) sex education; and if he will make a statement.
Answered by Nick Gibb
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.