Sex and Relationship Education in Schools

Many parents feel concerned or excluded when they are unable to access curriculum materials, are not properly consulted on relationships and sex education policies, or have questions about withdrawal requests, safeguarding or gender-related teaching. Concerns can also arise where parents believe a school has not been transparent about what is being taught or has not properly considered a child’s needs, wellbeing or vulnerabilities.

Understanding sex and relationship education in schools

Sex and relationship education is intended to help children understand healthy relationships, personal safety, online risks, consent, boundaries, respect and when to seek help. Schools have important safeguarding responsibilities and should ensure teaching is age-appropriate, carefully planned and accessible, including for children with special educational needs and disabilities.

Parents should not feel excluded from the process. Schools must be transparent about their relationships and sex education policies, provide information about what will be taught and when, and enable parents to view curriculum materials. Schools are also expected to consult parents when developing and reviewing policies, helping families understand what is being taught and why.

Challenging concerns about sex and relationship education

Parents may wish to challenge a school’s approach where it has failed to provide curriculum materials, introduced sensitive topics without proper transparency, handled a withdrawal request incorrectly, or not properly considered safeguarding, equality or welfare issues. Concerns may also arise about whether teaching is age-appropriate, balanced and suitable for children with particular needs or vulnerabilities.

The best approach will depend on the nature of the concern. This may involve requesting information from the school, reviewing policies and teaching materials, raising concerns directly with school leaders, or pursuing a formal complaint. Early legal advice can help you understand your rights, assess whether the school’s approach is compliant with its legal obligations, and identify the most effective way to achieve a practical resolution.

What are your rights?

Parents may be unsure where the line is drawn between a school’s legal duties and their own parental rights. You may be entitled to ask the school to:

• Provide its written RSE or Relationships Education policy: All schools must have an up-to-date written policy for relationships education or, where sex education is taught, an RSE policy. Schools must provide a copy free of charge to anyone who asks, and publish it on the school website.
• Explain what will be taught and when: The school’s policy should set out the subject content, when it will be taught, who will teach it, whether external providers will be used, how the subject is monitored and how parents can view curriculum materials.
• View curriculum materials: Schools should show parents a representative sample of resources and should enable parents to view all curriculum materials used on request. Copyright must not be used as a reason to refuse to share materials.
• Be consulted on the RSE policy: Schools must consult parents when developing and reviewing their RSE policies. Schools should proactively engage parents so they understand what is being taught and why.
• Request withdrawal from sex education: Parents have the right to request that their child is withdrawn from some or all sex education delivered as part of statutory RSE.
• Expect automatic withdrawal in primary school sex education: Where primary schools provide sex education, the head teacher must automatically grant a parental request to withdraw, except where the relevant content is taught as part of the science curriculum.
• Understand limits on withdrawal in secondary school: In secondary schools, the head teacher can refuse a withdrawal request in respect of sex education, in exceptional circumstances, such as safeguarding concerns or a pupil’s specific vulnerability. From three terms before a pupil turns 16, the pupil can choose to opt back into sex education.
• Know what cannot be withdrawn from: Parents do not have the right to withdraw children from relationships education, health education, or science curriculum topics such as puberty or sexual reproduction.
• Expect age and stage appropriate teaching: RSHE should be relevant, responsive, carefully sequenced and accessible, including for pupils with special educational needs and disabilities.
• Raise concerns about safeguarding and welfare: Schools and colleges must take a whole-school approach to safeguarding, including online safety, sexual harassment, harmful sexual behaviour, bullying and child-on-child abuse.
• Building positive attitudes and skills: Schools should promote healthy norms about relationships. Within such an approach they should avoid language which might normalise harmful behaviour among young people, such as gendered language which might legitimise male violence or stigmatise boys.

Concerns parents may raise

Parents may seek legal advice because they are worried that a school has not been open about materials, has refused to provide lesson content, has introduced sensitive topics without proper notice, or has not handled a sex education withdrawal request correctly.

Other concerns may relate to whether the teaching is age appropriate, whether external materials are balanced, whether content is suitable for a child with SEND or particular vulnerabilities, or whether the school has properly considered a child’s wellbeing, religious background or protected characteristics. Schools should be sensitive to pupils’ circumstances, comply with Equality Act obligations when teaching RSHE, and ensure teaching does not discriminate against pupils or amount to harassment.

Some parents are particularly concerned about gender-related teaching. Pupils should be taught the facts and the law about biological sex and gender reassignment. They should not endorse one contested view as fact.

Where a child is questioning their gender, schools and colleges should not initiate action regarding social transition and, where a request is made, parents and carers should be actively involved unless doing so would create a greater safeguarding risk.

How can we support you?

We can advise on:

• Requests to see RSE, RSHE and health education materials.
• Concerns about age-appropriate teaching in primary or secondary schools.
• Parental consultation and whether the school’s policy is legally compliant.
• Requests to withdraw a child from sex education.
• Refusals of withdrawal requests in secondary schools.
• Concerns involving gender-related content or external teaching materials.
• Safeguarding, bullying, online safety, harmful sexual behaviour or child-on-child abuse linked to RSHE.
• The needs of children with SEND, anxiety, vulnerability or other pastoral concerns.
• Drafting letters to schools, governors, academy trusts or proprietors.
• Advising on complaints, escalation and next steps.

Speak to a specialist education solicitor

We provide straightforward advice to help you take practical steps, understand your legal position and identify the most effective way forward. Our aim is to help you address concerns quickly and move towards the best possible outcome for your child.

We offer a fixed fee online consultation meeting for parents seeking clear, specialist legal advice. Parents have access to our booking suite, where you can select the day and time for an online consultation meeting that is most convenient for you.

Book a fixed fee online consultation with Doyle Clayton’s specialist education solicitors today and get clear advice on your rights, your child’s position and the practical steps available to you.