Parents opposed to Wales’ new Relationships and Sexuality Education starting next term have taken further High Court action to allow them to withdraw their own children from the classes. Their legal team has filed an injunction to stop their children being given RSE lessons in primary schools until a review is heard.
The new curriculum for schools in Wales, which begins in September 2022, means parents will no longer be able to remove their children from sex education classes. The Welsh Government says RSE will be age appropriate. Campaigners say it is wrong to discuss issues like gender and sexuality with the youngest children.
In May the campaign group Public Child Protection Wales, won a High Court victory when a judge ruled the Welsh Government’s RSE policy must be tested in the courts and a judicial review will be heard later this year. That review has not been held yet and with RSE lessons due to begin next month the campaign’s barrister Paul Diamond has been back to the High Court to seek an injunction to stop them until the review.
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Parents campaigning against the new Relationships and Sex Education (RSE) topics say they are are ‘inappropriate’ for primary age pupils. Kim Isherwood, a mother of two and spokesperson for Public Child Protection Wales, said: “We have asked the Welsh Government to postpone until the review. But they have refused.
“We feel our request is reasonable and we have applied for an injunction in order to protect children. We are waiting for a response for our application for an injunction to block the lessons until the review is heard.
“There is no parental opt out from these lessons, which are also embedded in the rest of the curriculum. We think that’s wrong.”
RSE will be a mandatory in the new Curriculum for Wales and will be taught in both primary and secondary schools. That replaces the current requirement for sex education in secondary schools.
Opponents have said it’s not clear what materials will be used and they fear teachers, or outside agencies coming in to schools, won’t have adequate training to deliver age appropriate RSE. They are also concerned that under the new curriculum RSE will be embedded across subjects.
A Welsh Government spokesperson said: “We are proud that our new curriculum and wider reforms are supported by respected organisations such as the NSPCC, the Children’s Commissioner, Welsh Women’s Aid and qualified experts in the field of child safeguarding.
“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.
“A phased roll out of the reforms will commence in September 2022. We are aware that an application to the High Court for an interim injunction (interim relief) for the claimants’ children to be excused from RSE lessons in September 2022 has been made. We are considering that application and will respond accordingly. We remain confident our reforms are proportionate and lawful.”
The Welsh Government said the new RSE code does not ignore biological sex: “The code recognises and requires schools to teach about biological sex. The accompanying Statutory guidance, glossary and supporting materials, include explicit reference to biological sex and to women. The principles in the code apply generally to both boys and girls, men and women, which is why there aren’t large numbers of specific references to boys and girls.”
It said three years olds will not be part of classes on sexuality and gender and in any case the mandatory school starting age is five.
“At the early years, education is about relationships and focuses on the building of self-esteem by encouraging learners to value themselves; recognise and communicate their feelings and form friendships. For example, at age five, children currently in the Foundation Phase learn about relationships with parents, family and friends - not romantic or sexual relationships. This is mirrored in the new curriculum. It is not compatible with the code to teach 3-year-olds about sexuality or gender.”
What are the new rules on relationship and sex education in schools?
Relationships and Sexuality Education will be a mandatory from age 3-16 in the new Curriculum for Wales and will be taught in both primary and secondary schools.
That replaces the current requirement for sex education in secondary schools. Under RSE, learners will learn about sex in a biological sense and also the concept of sexuality and what constitutes a healthy (and an unhealthy) relationship.
Teaching of RSE will be guided by a statutory code which was approved by the Senedd and published in January. The Relationships and Sexuality Education (RSE) Code code says RSE must be age appropriate and cover three “strands”:
Relationships and identity
Sexual health and well-being
Empowerment, safety and respect.
The code includes advice on how these elements will be delivered from age three, from age seven and from age 11.
The 14-page document states “The Welsh Government (is)committed to covering the following themes in RSE: relationships; rights and equity; sex, gender and sexuality; bodies and body image; sexual health and well-being; and violence, safety and support.
“To assist schools and settings in their planning of RSE, these themes are interwoven into the learning strands.
“Across the learning strands, curriculum content in RSE must be inclusive and reflect diversity. It must include learning that develops learners’ awareness and understanding of different identities, views and values and a diversity of relationships, gender and sexuality, including LGBTQ+ lives.”
The Act requires that RSE schools provide must be “developmentally appropriate”, meaning the concepts are introduced as children get older.
The Welsh Government said the new RSE Code will help:
- Increase learners’ understanding of and participation in healthy, safe, and fulfilling relationships.
- Young people recognise abusive or unhealthy relationships and seek
- Reduce all bullying, including homophobic, biphobic and transphobic bullying, and increase safety and well-being for all learners
- Help all learners make informed decisions about sexual intimacy and reproductive health
- Promote equality and equity of sex, gender and sexuality
- Increase awareness, knowledge and understanding of gender-based and sexual violence
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