A High Court judge has granted parents a judicial review of new relationship and sex education being rolled out in Wales from September. Claimants representing more than 5,000 parents and grandparents lodged papers with the High Court.
They are part of a campaign called Public Child Protection Wales which wants to remove relationship and sex education (RSE) from the mandatory part of the new curriculum for Wales being taught from next term. PCPW said it believes mandatory RSE teaching will mean "very young children will be introduced to sensitive and inappropriate topics such as gender ideology and that they will be disenfranchised by being denied their time-honoured right to remove their child from sex education".
The Welsh Government said children will only learn RSE topics that are appropriate to their age and development. At a younger age, for example, children will be taught about treating each other with kindness and empathy.
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Mr Justice Turner, sitting at the Royal Courts of Justice, granted the parents’ request for a judicial review which must now be heard ahead of the September start of term. In his ruling Mr Justice Turner said: "The issues raised on behalf of the claimants involve consideration of complex constitutional matters with potentially very significant consequences for both parents and children. The response of the defendants, although not without force, is not so obviously determinative of the issues as to justify the refusal of permission."
PCPW said its campaigners, including parents of gay and lesbian children, and trans parents, stressed they are not against safeguarding or age-appropriate biology being taught. They also fully support minority rights in terms of welfare and freedom of choice.
PCPW spokesperson and co-chair Lucia Thomas, who has children at secondary school, said campaigners were not opposed to sex education in schools but disagreed with the content of the new RSE curriculum and stopping parents from being allowed to remove their children from these lessons. "The main thing is the new RSE sexualises children too much," she said. "We know this from the global rollout of RSE which they are following in Wales.
"There needs to be some sex education in schools but that should be based on biology not sexuality. Perhaps it should start in the last year of primary and be based on biology. We have also hear reports of teachers not getting adequate training."
Claimant Kim Isherwood, a parent of two boys aged 13 and 17 and who is from Port Talbot, said: ”After years of being ignored we are delighted that the judge has recognised the seriousness of the proposed changes. The withdraw of time-honoured parental rights and, that the RSE programme, as it stands, could have significant consequences on children’s mental and physical health.
“In one swoop the government has broken the vital partnership between parents and schools by, for the first time, creating a political wedge between us. Children should not be used for political ideological experiments in relation to identity and sexuality. "
She said opponents believe the reform to RSE will cause the "sexualisation of children". Human rights barrister Paul Diamond is acting for PCPW for the judicial review. He will argue that the case raises important legal issues, including the human rights of very young children from "the imposition of ideologies that are transient, and culturally variable", the campaign group said. The case will be heard in the High Court in Cardiff at a date to be set. PCPW is crowdfunding and has raised £16,000 towards an estimated £100,000 needed.
A Welsh Government spokesman said: “Learners will only learn topics that are appropriate to their age and development. At a younger age, for example, children will be taught about treating each other with kindness and empathy.
"As they grow older they will gain an understanding of topics such as online safety, consent, and sexual health – all of which will be handled in a sensitive way. This is about ensuring the best outcomes for all learners and their communities: to protect them and keep them safe.
"Evidence shows RSE can, for example help learners’ understanding and participation in healthy relationships of all kinds; reduce all forms of bullying, as well as supporting learners to recognise and seek support for abusive or unhealthy relationships. Since 2018 the RSE code has been through full and wide-ranging consultation and the appropriate legislative procedure in the Senedd. These reforms have been welcomed by a number of respected organisations including the NSPCC, the Children’s Commissioner’s office, and Welsh Women’s Aid.”
