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PSHEasy is based in England and when we say "the law" we mean the laws of England and Wales. You're welcome to use our resources anywhere in the world, but please note that legal and statutory provisions in other juristictions may vary.
Do we have to teach PSHE?
More or less! PSHE is a non-statutory subject - so while there is no legal obligation to have PSHE lessons, most elements of PSHE do have to be taught. Since 2020, it has been compulsory for all children receiving education to be taught Relationships Education (in primary), Relationships and Sex Education (in secondary) and Health Education (in primary and secondary). For detailed information about these requirements visit this page.
The specific legislation governing other aspects of PSHE teaching will depend on the type of school - for example, independent schools must adhere to the Independent School Standards, which explicitly make PSHE compulsory, and maintained schools must promote fundamental British values of democracy, the rule of law, individual liberty and mutual respect. Citizenship is a National Curriculum subject in key stages 3 and 4.
Do we have to teach RSE (relationships and sex education)?
Yes, relationships and sex education is a compulsory subject in secondary schools. In primary schools, Relationships Education is a compulsory subject - though many primary schools do choose to teach age-appropriate sex education too. See here for statutory guidance.
All schools must have a written policy in place for RSE, and must consult parents in developing and reviewing their policy.
What about special schools, and students with SEND in mainstream education?
Yes, the statutory guidance applies to all schools and makes clear that some aspects of PSHE, particularly RSE, may be particularly important for students with SEND. RSE and Health Education must be accessible to all pupils, and there may be a need to tailor content and teaching to meet the specific needs of pupils at different developmental stages.
Schools must have regard to the Equality Act 2010 under which "disability" is a protected characteristic, and to the SEND Code of Practice which emphasises the need to prepare students with SEND for adulthood.
What about faith schools?
Faith schools and schools with a religious character are not exempt from the requirements to teach RSE and Health Education. All schools may teach about faith perspectives, including specific faith perspectives on relationships, but teaching must always reflect the law.
Schools must take into account the religious and faith backgrounds of their students in order to ensure that the core topics are handled appropriately, and that they comply with the Equality Act.
What, specifically, do we have to teach?
The government has recently issued a draft of its updated guidance for Relationships, Sex and Health Education, including age-restrictions on certain topics. Details of what needs to be taught can be found on our government guidance page, along with the PSHEasy curriculum which ticks all of these boxes.
Can parents opt out of PSHE lessons?
Parents can opt out of Sex Education lessons but not other parts of the curriculum, e.g. Relationships Education.
According to government guidance, "Parents have the right to request that their child be withdrawn from some or all of sex education delivered as part of statutory RSE. Pupils are not able to request to withdraw. Parents do not have the right to withdraw their pupils from topics taught as part of the science curriculum, including science topics related to puberty or sexual reproduction.
"Parents do not have the right to request withdrawal from relationships education, but relationships education should not include topics which involve explaining different forms of sexual activity. However, relationships education may include topics related to preventing sexual abuse, for example sharing inappropriate material online, providing teachers do not describe the nature of any sexual activity involved. Safeguarding information may require young people to understand different parts of the body, but this should not include descriptions of sexual activity."
Can students opt in against their parents' wishes?
Yes, at a certain age.
According to government guidance, "From three terms before the pupil turns 16, a pupil can choose to opt back into sex education even if their parent has requested withdrawal. For example, if a pupil turns 16 during the autumn term, the pupil can opt back into sex education at any time after the start of the previous autumn term."
If you have any other questions that are not covered here, please contact us at PSHEasy.education@gmail.com.