Children and Families Bill
to be moved
[Supplementary to the Third Marshalled List]
After Clause 73
BARONESS JONES OF WHITCHURCH
BARONESS HUGHES OF STRETFORD
Insert the following new Clause—
(1) In Section 84(3) of the Education Act 2002 (curriculum foundation subjects
for the first, second and third key stages), after paragraph (g) insert—
“( ) sex and relationship education”.
(2) In Section 85(4) of the Education Act 2002 (curriculum foundation subjects
for the fourth key stage), at end insert “, and
(d) sex and relationship 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 end insert “, and
(d) sex and relationship education.”
(4) Before section 86 of the Education Act 2002 insert—
“85B Sex and Relationship Education
(1) For the purposes of this Part, Sex and Relationship Education
(“SRE”) shall include 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 SRE (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 sex and
relationship education is developed, including between primary
and secondary schools, paying particular regard to the need for
such guidance to make reference to the role of the internet, social
media and technology in sex and relationship education and online
bullying and harassment.
(4) It is the duty of the governing body and head teacher of any school
in which SRE 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 SRE
should be accurate and balanced;
(b) SRE 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) SRE 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
SRE, a local authority, governing body or head teacher shall have
regard to any guidance issued from time to time by the Secretary of
(5) Section 403 of the Education Act 1996 (sex education: manner of provision)
is amended as set out in subsections (7) to (10).
(6) In subsection (1), for the words from the beginning to “at a maintained
school” substitute “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 insert—
“(1ZA) The schools to which this section applies are—
(a) maintained schools;
(b) city technology colleges;
(c) city colleges for the technology of the arts;
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” substitute “when sex and relationship education is given
to registered pupils at schools to which this section applies”;
(b) in paragraph (a), after “, and” insert “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” substitute “sex and relationship
(10) In section 579 of the Education Act 1996 (general interpretation), in the
definition of “sex education” in subsection (1)—
(a) for “sex education” substitute “sex and relationship education”;
(b) at end insert “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
“(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 relationship
education at the school, the pupil shall be so excused accordingly
(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