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| The Sexual Offences Act 2003 |
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Introduced in May 2004, the Sexual Offences Act was designed to protect people from sexual crimes, especially vulnerable people such as children. The Act covers rape, assault by penetration, sexual assault and causing a person to engage in sexual activity without consent. A new lower penalty was introduced of five years imprisonment for people under the age of 18 who commit a child sex offence. The Act introduced laws regarding sexual activity with children aged 13 to 15. The law forbids under-16s from engaging in any sexual activity. The Act, however, recognises that mutually agreed, non-exploitative sexual activity between teenagers does exist and that often no harm comes from it. It was stated in guidance that the government has no intention of criminalising this type of activity.
| Local Government Act 1988, England and Wales (Amendment) Bill 2003 |
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The repeal of Section 28 of the Local Government Act was voted for by the House of Commons in March 2003 and by the House of Lords in July 2003. It received its Royal Assent on September 18th 2003 and came into effect on November 18th 2003. Section 28 of the Act stated that a local authority was not permitted to "�promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship.".
| Sexual Offences (Amendment) Bill, 2001 |
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The Sexual Offences (Amendment) Bill came into effect on January 8th 2001, and reduced the age of sexual consent for gay men from 18 to 16 in England, Wales and Scotland. In Northern Ireland, the age of consent for gay men was brought into line with the heterosexual age of consent at 17.
| The Ethical Standards in Public Life Bill, Scotland, 2000 |
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The Scottish Parliament voted to repeal Section 28 of the Local Government Act by 99 votes to 17 on 21st June 2000. The legislation was part of the Ethical Standards in Public Life Bill. Section 28, stated that a local authority is not permitted to "�promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship." The Act did not apply directly to schools but governed Local Authorities.
| Learning and Skills Bill 2000 |
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Clause 117 of the bill updates and amends the Education Act 1996
- Local education authorities no longer have any responsibility for sex education in maintained schools; this now rests with the school's governing body and head teacher. [(2) and (3)]
- The Secretary of State for Education is now required to issue guidance on the delivery of sex education in schools. The guidance must ensure that when pupils receive sex education in schools they learn about the nature of marriage and its importance for family life and the raising of children. Also pupils are to be protected from teaching materials that would be considered inappropriate when bearing in mind the age, religion and culture of the pupils. [(4) 1A]
- The guidance must also include guidance on the use of any materials produced by NHS bodies intended for use in schools for the purposes of sex education. [(4)1C]
- School governors and head teachers are required to bear this guidance in mind when fulfilling their obligations as outlined in the Education Act 1996. [(4)1B]
- The Secretary of State reserves the right to revise the guidance given under subsection (1A) at any time. [(4)1C]
- When formulating their statement of policy on sex education, the governors and head teachers of a school are now required to include in this policy a statement on the effect a parent's decision to withdraw their child from the school's sex education programme.
| Sex and Relationship Guidance. Ref: DfEE 0116/2000 |
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This guidance is designed to replace that previously provided under Department of Education Circular 5/94.
- The guidance aims to address uncertainty as to what sex and relationship education (SRE) is and how it should be delivered. The document is intended to support head teachers, teachers and governors when defining and delivering sex education in schools.
- Advice and guidance on developing a policy for sex and relationships education and how to work with parents and local communities is included along with information on where the Department sees SRE fitting into a schools' wider Personal Social and Health Education framework.
- Specific advice is provided on teaching strategies for SRE and particular issues that may arise. Information is given on devising a confidentiality policy and discusses situations where it may not be possible to guarantee confidentiality issues.
- Although this document has the status of 'good practice', the recent passing of the Learning and Skills Bill (see above) has meant that the legal requirements of teachers and governors have now changed. When providing sex and relationships education it is required by law that young people are made aware of the nature of marriage and its importance for family life and the raising of children. It is also required that young people are protected from 'inappropriate teaching materials'.
A copy of the guidance can be downloaded from the Department for Education and Employment's website at the following address http://www.dfes.gov.uk/sreguidance/
This act was introduced to consolidate the Education Act 1944 and other legislation relating to education. The substance of the law relating sex education was not changed in any way, merely re-affirmed by the new act. Details are given below:
- Section 352 states that the curriculum for every grant maintained school should include a basic curriculum that includes provision of sex education for all pupils and also for those students in special schools receiving secondary education.[Section 352 (c-d)]
- For the purposes of the Education Act 1996 -as with the Education Act 1993- sex education is defined as specifically including information about AIDS and HIV and other sexually transmitted diseases. [Section 352 (3a)]
- The governing bodies of schools decide (bearing in mind their LEA's policy statement) whether sex education should be part of the school's secular curriculum. They are also required to keep an up-to-date statement of their sex education policy. This should include information on the content of sex education and where in the curriculum it takes place. [Section 371 (a-b)]
- Sex education should be provided in such a way that it encourages "�pupils to have due regard to moral considerations and family life."[Section 403 (1)]
- Emphasized that schools are required to ensure that their sex education policy is kept up-to-date and available for consultation by parents of pupils at the school. Copies should be made available to parents free of charge if required. [Section 404 (a-b)]
- Re-affirmed the right of parents to withdraw their children from sex education lessons occurring outside the National Curriculum. [Section 405]
| Department of Education Circular 5/94 (Not legally binding) |
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(Education Act 1993: Sex Education in Schools)
- Provides guidance on statutory sex education in schools in light of the changes introduced by the Education Act 1993.
- Highlighted need for caution when giving contraceptive advice to pupils under 16 years i.e. below the age of consent (for heterosexuals). "The general rule must be that giving an individual pupil advice on such matters without parental knowledge or consent would be an inappropriate exercise of a teacher's professional responsibilities". [Section 39]
- Made sex education including education about HIV, AIDS and STDs statutory in maintained secondary schools and special schools.
- Established the right of parents to withdraw their children from sex education provided outside the National Curriculum. [Section 241]
- Amended the Science Orders of the National Curriculum to remove any references to HIV, AIDS, STDs and human behaviour other than the biological aspects.
- Required the governing bodies of all maintained school to write and keep up-to-date a statement of the schools policy regarding sex education. The policy should be made available to parents for inspection and copies provided free of charge.
| Department of Environment Circular 12/88 (not legally binding) |
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- Clarified the position of schoolteachers and governors with regard to the issue of sexuality within sex education. "Section 28 does not affect the activities of school governors, nor of teachers. It will not prevent the objective discussion of homosexuality in the classroom, nor the counselling of pupils concerned about their sexuality." [Section 20]
- This circular is now irrelevant, as section 28 was repealed in Scotland in 2000, and had also been repealed in England and Wales (effective as of November 2003).
| Local Government Act 1988 |
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- Section 28 of the act stated that a local authority was not permitted to "�promote the teaching in any maintained school of the acceptability of homosexuality as a pretended family relationship."
- The act did not apply to school governors or teachers as clarified in the Department of Environment Circular 12/88(see above).
- Section 28 was repealed in Scotland in 2000 and in England and Wales in 2003. The repeal in English and Welsh law is effective as of November 2003.
| Education Reform Act 1988 |
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- Required maintained schools to implement a curriculum that "�prepares such pupils for the opportunities, responsibilities and experiences of adult life." [Section1(2)]
- National Curriculum Science was required to cover human reproduction.
| Education (No.2) Act 1986 |
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- Required Local Education Authorities to make available to schools a statement of their policy relating to the secular curriculum.
- School governors and head teachers were given the authority to decide whether and how sex education would be covered in school. Also required to keep up-to-date a written statement of the schools sex education policy, mentioning where in the curriculum sex education is to be covered.[Section 18]
- Established that sex education in grant-maintained schools was the responsibility of school governors and head teachers. Sex education was to be provided in such a way as to "�encourage those pupils to have due regard to moral considerations and the value of family life." [Section 46]
Last updated September 2, 2004
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