Question to the Department for Education:

To ask the Secretary of State for Education, with reference to paragraph 69 on pages 16 to 17 of Relationships Education, Relationships and Sex Education, and Health Education in England Government consultation response, published in February 2019, whether it is his policy to ensure that all pupils should be given the opportunity to opt out of, as well as into, sex education lessons from three terms before they turn 16, regardless of the wishes of their parents; and if he will make a statement.

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 statutory guidance for relationship, sex 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 At that point, if the pupil wishes to be taught sex education as part of RSE rather than be withdrawn and again unless there are exceptional circumstances, the school should make arrangements to provide this education for the pupil in one of the three terms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.