RSE Draft Guidance

Read The Guidance

Contribute to Consultation

The Department for Education published a draft version of new statutory guidance relating to Relationships, Sex, and Health Education prior to the election. This is draft guidance for governing bodies, proprietors, head teachers, principlals, senior leadership teams, and teachers. Although our Government has changed since, the new Education Secretary Bridget Phillipson has stated clearly she will be looking at the results of the consultation.

Please be reminded that this is currently draft guidance, which was open for an 8 week consultation period that ended on Thursday 11th July. It is likely that this will become statutory guidance, but it is not yet - it is in draft form.

Teachers and schools should ensure they are aware of the contents of this new draft guidance, but should not implement changes which are inforemed by it until the guidance is finalised and made statutory.

Below you can find out more about the draft guidance, and the consultation period. We have focused the information presented here on the areas which most directly relate to LGBT+ people.

The draft guidance is titled 'Draft Relationships Education, Relationships and Sex education (RSE), and Health Educationn Statutory Guidance.' It is draft guidance open to a consultation period of 8 weeks, ending on Thursday 11th July. It is likely the guidance will then be finalised and made statutory.

The guidance opens with a foreward by Secretatry of State for Education Gillian Keegan. In this forward, Gillian claims to be putting the best interests of children at the core of the policy.

The policy begins with some introductory sections, and sets out what kind of policies schools should have. It then shares 5 guiding principles underpinning the draft guidance. These guiding principles are -

RSHE should teach children about the law, in addition to the importance of tolerance and respect for everyone in the school community and beyond.
The curriculum should seek to keep children safe and informed about growing up and the challenges this may present, how relationships develop and how to be safe once sexually active. It should enable topics to be taught appropriately by a trusted adult and help ensure that prevention of harm and early intervention are supported.
Schools should follow the age limits set out in the guidance to ensure pupils don’t learn about sensitive topics earlier than is necessary or at an inappropriate stage of their development.
Schools should be transparent with parents about all materials used in RSE, and all materials should be available to parents, as described in the section on openness with parents below.
Parents have a right to request that their children are withdrawn from sex education.

The draft guidance goes on to detail in length how schools should develop their RSHE curricula; what should and should not be taught at different stages; and how parents and carers should be communicated with. There is lots of detail in the draft guidance, and we encourage you to read it in full. Below is a summary of the key points which most directly relate to LGBT+ people.

The draft guidance states that Relationships Education is compulsory for all pupils receiving primary education; Relationships and Sex Education (RSE) is compulsory for all pupuls receiving secondary education; and Health Education is compulsory for all schools, except independent schools. It clearly outlines the distinction between these three areas, and that parents have the right to request that their child be withdrawn specifically from some or all of Sex Education only.
The draft guidance states that pupils should be taught about the law, including the Equality Act (which includes protected charactsaristics of Sexual Orientation and Gender Reassignment. However, the draft guidance states that this needs to be done by the end of secondary education and suggests that these should not be discussed during primary education.
In relation to sexual orientation, the draft guidance states that primary schools should teach about healthy loving relationships, but that they have the descretion over whether they discuss sexual orientation or families with same-sex parents. It goes on to state that secondary schools should ensure same-sex family relationships are explored and integrated into RSHE programmes of study.
In relation to gender reassignment, the draft guidance states that schools 'should be clear that an individual must be 18 before they can legally reassign their gender. This means that a child's legal sex will be the same as their biological sex and, at school, boys cannot be legally classifed as girls or vice versa.'
Furthermore, the draft guidance states that schools should not teach about gender identity as it is a 'highly contested and complex subject'. The draft guidance goes onto state that 'many people do not consider that they or others have a separate gender identity'. It is stated that 'if asked about gender identity, schools should teach the facts about biological sex and not use any materials that presents contested views as fact, including that gender is a spectrum'.

Once again, we encourage everybody to read the draft guidance in full before completing the consultation. Below you can find out more details about the consultation, as well as resources and support to help you complete it.

The draft guidance was open for an 8-week consultation period, which ended on Thursday 11th July. Below you can find out more about what that consultation looked like.

The consultation invited responses from both individuals and organisations.

When completing the consultation, people are first asked about their role, they are then asked some demographic questions. Following that, they are asked fifty one questions and sub-questions relating to different areas of the guidance. These questions are:

Review Timetable

Do you agree that we move away from a rigid commitment to review the guidance every three years?

Structue of the Guidance

Do you agree that the changes to length and style of the guide make the guidance easier to understand and follow?

Schools Relationships & Sex Education Policies

Do you agree that these changes will do enough to ensure that schools are transparent with parents and that parents have sufficient control regarding what their child is learning?
If you would like to explain your answer, please do so here (250 word limit)

Openess With Parents

Do you agree with our proposed approach to increased transparency on RSHE material?
If you would like to offer any comments to explain your answer, please do so here (250 word limit)

Age Limits on teaching certain subjects

The age limits are summarised in this section, and you are invited to comment on each one.

Flexibility with age limits

Do you think this flexibility is sufficient to ensure that pupils are adequately safeguarded?
Do you think this flexibility is warranted?
If you would like to explain your answer to questions 17 or 18, please do so here (250 word limit)

Sexual Orientation

Do you agree with changes to the lesbian, gay and bisexual content in the LGBT section (note that the next section provides an opportunity to comment on text about gender identity and gender reassignment)?
If you have any comments to explain your answer, please do so here (250 word limit)

Gender Reassignment

Do you agree with the proposed changes related to gender identity and gender reassignment in the guidance?
If you have any comments to explain your answer, please do so here (250 word limit)

Addressing prejudice, harrassment, and sexual violence.

Do you agree that the revised content on addressing prejudice, harassment and sexual violence is a helpful response to evidence of the prevalence of sexual abuse in schools?
If you would like to explain your answer, please do so here (250 word limit)

Primary Sex Education

Do you agree with the restriction on teaching sex education only in years 5 or 6?
If you would like to make any comments to explain your answer, please do so here. It would be helpful if you could share your own views on appropriate age limits for this topic, for example if you think they are too low or too high (250 word limit)

Secondary topics: Online and Media, Respectful Relationships, including friendships, and Being Safe

What constitutes harmful sexual behaviour and why, and that such behaviour is unacceptable, emphasising that it is never the fault of the person experiencing it. This should not be taught before year 7. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Respectful Relationships, including Friendships topic: That some types of behaviour, including within relationships, are criminal, including violent behaviour and emotional abuse, such as controlling or coercive behaviour. Schools should not, however, teach about the details of violent abuse before year 9 as it is important that pupils are not introduced to distressing concepts when they are too young to understand them. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Online and Media topic: About circulating images and information and how to safely report to trusted adults the non-consensual creation or distribution of an intimate image. Pupils should understand that making, keeping or sending naked or sexual images of someone under 18 is a crime, even if the photo is of themselves or of someone who has consented, and even if the image was created by the child and/or using AI generated imagery. Pupils should understand the potentially serious consequences of asking for naked, semi-naked or sexual images, including the potential for criminal charges and severe penalties including imprisonment. This topic should not be taught before year 7. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Online and Media topic: The impact of viewing harmful content, including pornography, that presents a distorted picture of sexual behaviours, can damage the way people see themselves in relation to others, and can negatively affect how they behave towards sexual partners. This can affect pupils who see pornographic content accidentally as well as those who see it deliberately. The risks of inappropriate online content can be discussed in an age-appropriate way from year 7, however, the details of the sexual acts in question should not be discussed before year 9. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Being Safe topic: The concepts and laws relating to harmful sexual behaviour, including sexual harassment, revenge porn, upskirting and taking/sharing intimate sexual photographs without consent, public sexual harassment, and unsolicited sexual language / attention / touching. This should not be taught before year 7. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Being Safe topic: The concepts and laws relating to sexual exploitation, grooming, stalking, and forced marriage. This should not be taught before year 7. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Being Safe topic: The concept and laws relating to sexual violence, including rape and sexual assault. Whilst it's important for pupils to understand the key principles around sexual offences and violence, for example the importance of understanding what consent means, schools should not teach about this in any sexually explicit way before year 9. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Being Safe topic: The physical and emotional damage which can be caused by female genital mutilation (FGM), virginity testing and hymenoplasty, where to find support, and the law around these areas. This should include that it is a criminal offence to perform or assist in the performance of FGM, virginity testing or hymenoplasty, or fail to protect a person under 16 for whom someone is responsible from FGM, or to take girls who are UK nationals abroad for FGM, regardless of whether it is lawful in that country. This should not be taught before year 9, except for where schools have identified a greater risk of FGM at an earlier age or have pupils who have been affected by FGM and need support. Do you agree with this age limit?
We have placed an age limit on the following content in the secondary Being Safe topic: The concepts and laws relating to domestic abuse including controlling or coercive behaviour, emotional, sexual, economic or physical abuse, and violent or threatening behaviour. Schools should not teach about the details of violent abuse before year 9 as it is important that pupils are not introduced to distressing concepts when they are too young to understand them. Do you agree with this age limit?
If you would like to offer any comments about the age restrictions in the secondary Online and Media, Respectful Relationships, including Friendships, and Being Safe topics please do so here. It would be helpful if you could share your own views on appropriate age limits for these topics, for example if you think they are too low or too high (250 word limit)

Secondary topic: Intimate and sexual relationships, including sexual health

Do you agree with the age restriction on the secondary intimate and sexual relationships, including sexual health topic?
If you would like to offer any comments about this age restriction, please do so here. It would be helpful if you could share your own views on appropriate age limits for these topics, for example if you think they are too low or too high (250 word limit)

Health and Wellbeing

Why social media, some apps, computer games and online gaming, including gambling sites, are age restricted. This should not be taught before year 3. Do you agree with this age limit?
We have placed an age limit on the following content in the primary Online Safety and Harms topic within health education: The risks relating to online gaming, video game monetisation, scams, fraud and other financial harms, and that gaming can become addictive. This should not be taught before year 3. Do you agree with this age limit?
We have placed an age restriction on the whole of the primary Developing Bodies topic within health education. This should not be taught before year 4. This covers; growth, change and the changing adolescent body, this topic should include the human lifecycle. Puberty should be mentioned as a stage in this process; the key facts about the menstrual cycle, including physical and emotional changes. Do you agree with this age limit?
The secondary Health and Wellbeing topic is now clear that, given the sensitivity and complexity of content on suicide prevention, direct references to suicide should not be made before year 8. (Note that there is more detail on suicide prevention content in the curriculum provided in the 'Suicide Prevention' section shortly). Do you agree with this age limit?
If you would like to offer any comments about these age restrictions, please do so here. It would be helpful if you could share your own views on appropriate age limits for these topics, for example if you think they are too low or too high (250 word limit)
Do you agree with changes to the Health and Wellbeing section of the guidance?
If you would like to offer any comments to explain your answer, please do so here (250 word limit)

Suicide Prevention

Do you agree with the proposals on suicide prevention as set out above?
If you would like to offer any comments to explain your answer, please do so here (250 word limit)

Additional Topics

Do you agree with this additional content?
If you have any comments to explain your answer, please do so here (250 word limit)

General Comments

Is there anything else in the draft statutory guidance that you would like to comment on? (250 word limit)

Public Sector Equality Duty (PSED)

Do you have any comments regarding the potential impact of the guidance on those who share a protected characteristic under the Equality Act 2010, whether negative or positive? How could any adverse impact be reduced and are there any other ways we could advance equality of opportunity or foster good relations between those who share a protected characteristic and those who do not (250 word limit)

This consultation period ended on Thursday 11th July.

The draft guidance and consultation covers many topics, and on this page we have focused on the areas which related to LGBT+ people most directly. We have three primary concerns with the parts of this draft guidance which related to LGBT+ people most directly, which we will be expressing through our own response to the consultation.

Are primary concerns are:

The teaching of Equality Law: The draft guidance states that pupils should be taught about the Equality Act and protected charactaristics by the end of secondary education. We believe that equality law can, and should, be taught during primary education. Through our work as Pride & Progress we have seen schools and teachers doing this in an age and stage appropriate way which supports children to develop a better sense of equality and inclusion for themselves and others. The draft guidance does not provide any explination for why this should not be taught in primary education, and without a reasonable explanation as to why it should not we believe that it should.

Sexual Orientation: The draft guidance states that primary schools should teach about healthy loving relationships but that they have the descreition over whether they discuss sexual orientation or families with same-sex parents. We beleive that all children deserve to see and learn about families like their own, and families that are different to their own. This ambiguous area of guidance will result in some schools where this happens, and others where it does not. As in secondary education, we beleive it should be statutory for schools to ensure that same-sex family relationships are discussed and integrated into Relationships Education programmes of study.

Gender Reassignment: The draft guidance states that schools should not teach about gender identity as it is a highly contested and complex subject, many people do not consider that they or others have a seperate gender identity, and if asked about gender identity schools should teach facts about biological sex. Whilst it is true that gender identity is a contested and at times complex subject, it is also hugely important to some people and their sense of self, their relationships, sex and health. We beleive that teachers and schools should discuss gender identity in a balanced way, that is age and stage approprate, in order to educate children about themselves and people who are different to them. Wa have seen that it is possible to discuss gender identity in a balanced way which recognises that it is contested by some people, but also aknowledges that it is important to some other people and their sense of self, their relationships, sex, and health. A full ban on teaching and discussing gender identity in all schools will be harmful to young people who are questioning their own identity; harmful to young people who have friends or family members who are trans and non-binary; and it will prevent all students from have the oportunity to build empathy and respect for people with the legally protected charactaristic of gender reassignment.

Whilst these are our primary concerns with the parts of the draft guidance that relate to LGBT+ people most directly, we encourage you to read the guidance in full, reflect on the impact it will have on young people, then form and express your own opinions through the consultation.

You can find further resources and support related to the guidance below. The draft guidance consultation has only just opened, and we will continue to update this page as the consultation period continues and further resources become available.

The Full Draft Guidance 'Relationships Education, Relationships and Sex Education, Health Education'

The Consultation Site where you can contribute your response

Supportive Schools Campagin statement on the RSHE draft guidance

Please remember - and communicate with others - that this is draft guidance. Currently, teachers and schools should not make changes which are informed by this draft guidance.