Children and Families Bill

Amendment
to be moved
in grand committee

[Supplementary to the Eighth Marshalled List]

After Clause 73

BARONESS JONES OF WHITCHURCH

BARONESS HUGHES OF STRETFORD

232(Rev)*

Insert the following new Clause—

“Personal, social and health education in maintained schools

(1)   In section 84(3) of the Education Act 2002 (curriculum foundation subjects
for the first, second and third key stages), after paragraph (g) there is
inserted—

“(ga)   personal, social and health education”.

(2)   In section 85(4) of the Education Act 2002 (curriculum foundation subjects
for the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education”.

(3)   In section 74(1) of the Education and Inspections Act 2006, which (when
brought into force) will substitute a new section 85 in the Education Act
2002, in subsection (4) of that substituted section (foundation subjects for
the fourth key stage), at the end there is inserted “, and

(d)   personal, social and health education.”

(4)   Before section 86 of the Education Act 2002 there is inserted—

“85B          Personal, social and health education

(1)   For the purposes of this Part, personal, social and health education
(“PSHE”) shall include sex and relationship education, including
information about same-sex relationships, sexual violence,
domestic violence and sexual consent.

(2)   The National Curriculum for England is not required to specify
attainment targets or assessment arrangements for PSHE (and
section 84(1) has effect accordingly).

(3)   The Secretary of State for Education shall set out guidance to
schools and colleges to ensure that a coherent approach to personal,
social, health and economic education is developed, including
between primary and secondary schools.

(4)   It is the duty of the governing body and head teacher of any school
in which PSHE is provided in pursuance of this Part to secure that
guidance issued under subsection (3) is followed and that—

(a)   information presented in the course of providing PSHE
should be accurate and balanced;

(b)   PSHE is taught in a way that is appropriate to the ages of the
pupils concerned and to their religious and cultural
backgrounds, and reflects a reasonable range of religious,
cultural and other perspectives;

(c)   PSHE is taught in a way that endeavours to promote
equality, celebrate diversity, and emphasise the importance
of both rights and responsibilities.

(5)   In the exercise of their functions under this Part so far as relating to
PSHE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time by the Secretary of
State.”

(5)   Section 403 of the Education Act 1996 (sex education: manner of provision)
is amended as set out in subsections (6) to (9).

(6)   In subsection (1), for the words from the beginning to “at a maintained
school” there is substituted “The governing body or other proprietor of any
school to which this section applies, and its head teacher, must take such
steps as are reasonably practicable to ensure that sex and relationships
education is given to registered pupils at the school and that”.

(7)   After that subsection there is inserted—

“(1ZA)   The school to which this section applies are—

(a)   maintained schools;

(b)   city technology colleges;

(c)   city colleges for the technology of the arts;

(d)   Academies.

A reference in this section or section 404 to the governing body of a
school, in relation to a school within paragraph (b), (c) or (d), shall
be read as a reference to the proprietor of the school.”

(8)   In subsection (1A)—

(a)   for “when sex education is given to registered pupils at
maintained schools” there is substituted “when sex and
relationships education is given to registered pupils at
schools to which this section applies”;

(b)   in paragraph (a), after “, and” there is inserted “learn the
nature of civil partnership and the importance of strong and
stable relationships.”;

(c)   paragraph (b) is omitted.

(9)   In subsection (1C), for “sex education” there is substituted “sex and
relationships education”.

(10)   In section 579 of the Education Act 1996 (general interpretation), in
the definition of “sex education” in subsection (1)—

(a)   for “sex education” there is substituted “sex and
relationships education”;

(b)   at the end there is inserted “but does not include education
about human reproduction provided as part of any science
teaching;”.

(11)   In section 405 of the Education Act 1996 (Exemption from sex
education) for “If the parent of any pupil in attendance at a
maintained school requests”, there is substituted—

“(1)   If the parent of a pupil under the age of 15 in attendance at
a school in England to which section 403 applies requests
that the pupil may be wholly or partly excused from
receiving sex and relationships education at the school, the
pupil shall be so excused accordingly until—

(a)   the request is withdrawn, or

(b)   the pupil attains the age of 15.

(2)   If the parent of any pupil in attendance at a maintained
school in Wales requests.””

Prepared 2nd November 2013