[2025] UKUT 308 (AAC)

On 7 October 2021, the following email, with the subject line “Re: years 12 and 13”, was sent (both sender and recipient details redacted, but it seems clear it was sent by SoSE to the School):

“…we have had a request from a parent to see the resources you used for the KS4 session when you visited us. I wonder if it would be possible for you to send me a PDF version? I understand this may not be possible, however if it is we would be appreciative!”.

A reply to that email was sent on 8 October 2021:

“…We can’t share slides unfortunately because of copyright, but I’d be happy to provide a breakdown of resources and/or support services we signposted students to. Would that be helpful? Very happy to discuss this further…”.

The response, sent on 8 October 2021, presumably by the School was as follows:

“Yes that would be fantastic thanks so much, and if you could a brief breakdown of what we covered?”

The next email in the 8 October 2021 string, presumably sent by SoSE to the School, read as follows:

“…please see below –

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The session built on their learning around assertive communication in relationships, through exploration of a framework for understanding positive relationships; consideration, equality, trust and honesty.

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A part of the session involved analysing scenarios showing an unhealthy teen relationship from the Netflix show, Trinkets. Students were given activities to identify negative and abusive relationship behaviours to reinforce key learning:

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These behaviours are never are never okay and it’s not our fault if we experience them,

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Everyone deserves to be valued and respected in all of their relationships,

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Have our feelings validated and to feel supported,

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We all have a right to privacy

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Students also explored conflict resolution in relationships and positive discussion.

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The session guided students in how to support a friend who may be experiencing an unhealthy relationship and how they can seek support for themselves…”.

The reply to that email said, “Thanks so much and just to confirm this is the ‘consent’ session yes?”. The next email, presumably sent from SoSE to the School, read as follows:

“Apologies, the consent session breakdown is below –

Consent & Digital Consent

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In this session students explored what ‘consent’ as a concept is, and agreed on an inclusive definition.

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A part of the session guided students through the law around sexual consent both online and offline.

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Students were given activities to examine how to know if someone is or is not consenting, building on their understanding that everyone has personal boundaries and how it’s our responsibility to seek consent.

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The session looked at some scenario based discussion where students were guided through the role of ‘capacity’ and ‘freedom’ in consent…”.

An email sent from SoSE to the School, on 13 October 2021, with the subject line “Re: Haberdasher’s Y12&13”, read as follows:

“…I’ve just had a call from a parent, Claire Page I think the name was, who was asking about the lesson plan…

Were you able to share the plan I sent through via email for the consent lessons at all? Do let me know if there is anything else you need from us to send through to parents. I’m very happy to put more of a detailed lesson plan together if that’s helpful for the parent.”

An email sent on 13 October 2021, at 10:48, presumably from the School to SoSE, replied to the above email as follows:

“…Yes that is a parent of ours who has raised some concerns. [redacted]

Please could you send me as much information as you can in terms of what was covered in the KS4 session [redacted].”

An email sent on 19 October 2021, at 11:28, which may have been an internal School email, said, “Do we have the plans that they used? Or do they have these?” An email sent on 19 October 2021, at 11:40, with the subject line “Re: Haberdasher’s Hatcham”, read as follows:

“They will not send us any lesson plans. They have their copyright [redacted].

But I am seeking to obtain the PowerPoint that was used on the day. This will be only for your and my reference. We have assured The School of Sexuality that we will not share this with any other party.”

An email sent on 8 November 2021, at 10:41, with the subject line “SOS contact details” (sender and recipient redacted but, presumably, sent from SoSE to the School), read as follows:

“Please see the message below from [redacted] regarding the slides she sent over for the KS4 Consent Session and also her contact details.

…

“I’ve attached the slides, however could I request that these are not shared further, and that they are deleted once you’ve used them to clarify anything with the parent?”

…”.

An email sent on 8 November 2021 at 14:27 by the Trust’s CEO (recipient redacted but, presumably, SoSE), read as follows:

“Your team did a presentation (attached) to pupils at the school in September, the focus of which was ‘consent’.

I believe you are aware that one of the parents has complained quite strongly about the presentation – particularly the reference to society being heteronormative. She has asked for a copy of the PPT.

I would like to be able to share it with her as I believe that she would be entitled to it under a FOI request but fully accept that it is your IP and I assume has copyright. I am confident that she will progress to such a request and refusing to share it at this stage might be counter-productive.

I met with the parent concerned last week and refused to share it but said that I would seek your permission to do so, ideally by the end of this week.

If you are not prepared for me to release it, it would be helpful to have an explanation as to why which I could share with her…”.

An email sent on 8 November 2021 by a member of SoSE’s staff to a redacted recipient but, presumably, the School, at 19:25, read as follows:

“We would really prefer that you do not share our slides with the parent. You are welcome to say that ‘School of Sexuality Education says that it does not share its resources including slides for copyright reasons’). (These slides are our intellectual property so such a procedure is completely normal and reasonable.) The parent is welcome to pursue an FOI request if they choose to though as a charity it’s unlikely we’d be subject to this.

We have been happy to share the slides with Hatcham College but hope that this is just for the purposes of clarifying what was covered – though presumably the staff who attended the session can also provide this information and comment on whether anything concerning was said – and we would request that the slides are then deleted and not shared more widely.

Separate to the copyright matter, I have various other concerns regarding sharing the slides with the parent:

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That seeing the slides won’t actually appease the parent if their complaint is that we talk about particular definitions of sex being heteronormative…

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That the parent generally has an issue with the fact that our approach to RSE is LGBTQIA+ - which again, it is. There are some fringe parent groups which have an issue with organisations like ours because we are explicitly LGBTQIA+ inclusive, and this parent could in theory be part of one of these groups. These groups have done some fairly unpleasant things in the past…I am therefore extremely wary about what might happen if we start sharing materials with members of such groups, and I am sceptical that the parent will simply look through the slides and be put at ease.

I am more than happy to arrange a phone call to discuss this in more detail. We’re also very happy to explore some alternative solutions, e.g. one of our team could attend a meeting with the parent where we show them the slide on one of our devices and talk them through the content?”.

An email sent on 9 November 2021 by the Trust’s CEO to, presumably, SoSE, with the subject line “Re: Hatcham College and parental complaint”, read as follows:

“I understand your position and will not share it. I did show her the slides from my laptop when we met last week.”