DfE to issue more guidance on Sex Education and parents rights
The DfE has recently laid its draft Regulations on Relations, Sex and Health Education before Parliament and has published accompanying draft statutory guidance.
The DfE has recently laid its draft Regulations on Relations, Sex and Health Education before Parliament and has published accompanying draft statutory guidance. These Regulations intend to make the teaching of these subjects compulsory in schools (specific elements being phase dependant) from September 2020.
There has been a high level of interest in this topic and wide ranging commentary on the content of the curriculum particularly around sex education. The Regulations do allow some flexibility in their approach and leaves intact the right of parents to withdraw their child from sex education, save for biological aspects of human growth and reproduction that form part of the National Science Curriculum. The new position is that parents will be able to withdraw pupils until three terms before their child’s 16th birthday; however, headteachers can refuse the withdrawal in ‘exceptional circumstances.’ There have been concerns that schools could abuse this power. The DfE has stated that it will issue further guidance on handling these requests so as to reflect current thinking and give more shape to the plans the DfE intended. It is likely the situations will be rare and unique and there will be no definitive list provided.
There are other changes in this area such as giving pupils the right to ‘opt in’ to sex education classes as they approach 16 years old, thereby giving pupils’ autonomy over their own education and which is something schools will have to translate into their policies. This is going to be an area which needs careful thought and planning to ensure that schools can deliver teaching in this area by the right people, at the right level. Open discussions with the school community will help young people make safe and informed choices.
Contact
Laura Murphy
Associate
Laura.murphy@brownejacobson.com
+44 (0)115 908 4886
Related expertise
You may be interested in...
Legal Update
Academy Trust Handbook 2025: Managing public money
Opinion
Updates to academy trust governance: A missed opportunity?
Legal Update
Executive pay and the Academy Trust Handbook: Clarity, challenge and good governance
On-Demand
School exclusions: A review of the latest developments and looking to the year ahead
Legal Update
Medr reform: What you need to know
Opinion
Pride Month: A time to review DEI
Guide
Legal project management: A cornerstone in operational delivery of inquiries
Legal Update
Data (Use and Access) Act 2025: What schools and trusts need to know
Opinion
Employer redundancy guide: Sourcing alternative employment
Press Release - Firm news
Browne Jacobson delivers record-breaking growth as strategic vision drives exceptional performance
Legal Update
What might the public inquiry on child sexual exploitation look like
Legal Update
DEI in school governance: Key themes and insights
Opinion
Spending Review: Setting the stage for UK investment
Guide
The socio-economic duty: Shifting mindsets for true social mobility
Press Release
Spending Review 2025: Browne Jacobson lawyers respond to Chancellor’s announcement
Press Release
Browne Jacobson’s School Leaders Survey illustrates concerns over financial resilience ahead of spending review
Legal Update
ESG and sustainability report: Rethinking communication and credibility
Press Release
Majority of UK organisations remain committed to sustainability and ESG, says new research
Opinion
Addressing the gender pay gap in school trusts
Podcast - #EdInfluence
#EdInfluence podcast (series 4): In conversation with inspiring leaders
Legal Update
The OfS agrees a settlement with Leeds Trinity University
Legal Update
Consultation on proposed changes to Estyn inspection regime in Wales
Press Release
Browne Jacobson’s latest School Leaders Survey to focus on schools exclusions and early years funding
Press Release
UK-EU reset deal: Comments from Browne Jacobson experts
Opinion
Disciplinary procedures and mental health: Employer considerations
Legal Update
Supporting mental wellbeing in the workplace: Practical steps for businesses
Legal Update - Be Connected (higher education)
Be Connected, higher education: Spring 2025
Published Article
Learning from Europe: Funding models for UK schools infrastructure
Legal Update - Be Connected (schools)
Be Connected: Schools and academy trusts, May 2025
Legal Update
New novel, contentious and repercussive transactions guidance
Legal Update
Unpacking the new guidelines for alternative provision: Practical steps for education institutions and providers
Opinion
EHRC releases guidance for employers after Supreme Court ruling on definition of woman
Legal Update
Unfunded pay rise for teachers risks strikes, tension, restructures and budget crisis
Guide
Advice for schools on how to handle information requests from the police
Legal Update
2025/26 employment rates and limits: Are costs increases having a negative impact on the job market?
Legal Update
School leaders survey, summer 2025
Legal Update
Analysing new statistics on school exclusions
Legal Update
Lessons from the 2025 cyber security breaches survey for higher education
Legal Update
Safeguarding children: Effective strategies for prevention and response
