Campaigners lose High Court fight over Welsh primary schools' sex education teaching

December 22, 2022

A group of parents have lost a legal challenge against teaching young children about gender identity and sex in primary schools across Wales.

Campaigners launched a judicial review in the High Court against the Welsh government's new relationships and sexuality education curriculum.

The curriculum was launched in September and sees the mandatory teaching of relationships and sexuality education to pupils from the age of seven.

The two-day legal challenge, which was heard in November at the Civil Justice Centre in Cardiff, was brought by Public Child Protection Wales, which says the new curriculum is inappropriate for primary age children.

In written arguments, Paul Diamond, representing the claimants, said the legal challenge centred on the "whole-school approach" of the new curriculum, which means parents cannot excuse their children from the teaching.

The claimants were five parents, four mothers and one father. All had "moral and philosophical objections" objections to the curriculum, Mr Diamond said, and would wish to exercise "rights of excusal" for their children, aged nine to teenagers.

He said: "The proposed teaching of Relationships and Sexuality Education [RSE] in Wales is specifically constructed to be value-laden since much of the teaching, particularly that regarding LGBTQ+, will concern not facts of a scientific nature but highly contentious theories relating to moral and behavioural choices made by individuals."

Jonathan Moffett KC, representing the Welsh government, rejected the language used by the claimants, calling it "hyperbolic rhetoric".

Mr Moffett said the claimants had failed to identify "what allegedly unlawful teaching" the new curriculum would adopt and instead resorted "to broad assertions".

Mr Diamond said the claimants were seeking retention of the parental rights of excusal and an acceptance that the whole-school approach was in breach of parental rights under the European Convention of Human Rights.

Dismissing all aspects of the claim, Mrs Justice Steyn said it was not a breach of the convention.

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She said: "In my judgment, the content of the code and the guidance is consistent with the requirement to take care to ensure that RSE teaching is conveyed in an objective critical and pluralistic manner, and does not breach the prohibition on indoctrination.

"There is nothing in the code or the guidance that authorises or positively approves teaching that advocates or promotes any particular identity or sexual lifestyle over another, or that encourages children to self-identify in a particular way."

Jeremy Miles, minister for education and Welsh language, said in a statement: "We have been clear that RSE is intended to keep children safe and to promote respect and healthy relationships.

"Now more than ever, our children need our help in protecting them from harmful content and people online.

"RSE should provide young people with confidence to say no to bullies, to call out harassment, and to understand that families come in all shapes and sizes.

"Parents can expect the teaching their children receive to be appropriate for their children's age and maturity: this is a legal requirement."

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