[2025] UKUT 308 (AAC)

Section 7 EA 1996 requires the parent of every child of compulsory school age to cause the child to receive efficient and suitable full-time education. This duty may be met “either by regular attendance at school or otherwise”.

Section 9 EA 1996 requires the Secretary of State, and local authorities, in exercising their powers and duties under the Educations Acts, to “have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure” (see section 578 EA 1996 for the definition of “the Education Acts”).

Part 6 EA 2002 is headed “The Curriculum in England” and includes sections 80, 80A and 80B.

Section 80(1)(d) EA 2002 requires the curriculum for every maintained school in England to include “provision for relationships and sex education for all registered pupils at the school who are provided with secondary education”. Section 80A(1) requires the Secretary of State to give guidance about the provision of education under section 80(1)(d) to which the governing body of a maintained school must have regard (section 80A(3)). Section 80A(2) provides that the guidance:

“must be given with a view to ensuring that—

(a)

the pupils learn about—

(i)

the nature of marriage and civil partnership and their importance for family life and

the bringing up of children,

(ii)

safety in forming and maintaining relationships,

(iii)

the characteristics of healthy relationships, and

(iv)

how relationships may affect physical and mental health and wellbeing…”.

Section 80B(1)(a) EA 2002 requires the governing body of every maintained school in England to “make, and keep up to date, a separate written statement of their policy with regard to the provision of education under” section 80(1)(d). The statement must be published on a website (section 80B(1)(b)) and include a statement of the effect of section 405(3) EA 1996 (section 80B(2)). Section 80B(3) requires the governing body to “consult parents of registered pupils at the school before making or revising a statement”.

Section 403(1) EA 1996 requires a governing body and head teacher to “take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school…it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life”.

Section 404(1)(a) EA 1996 requires the governing body of a maintained school to make a “written statement of their policy with regard to the provision of sex education”. Here, “sex education” does not include sex education given as part of statutory relationships and sex education under section 80(1)(d) EA 2002 (section 404(1B)). Copies of the statement must be made available for inspection by parents and a copy provided to any parent who asks for one (section 404(1)(b)). The statement must include a statement of the effect of section 405 (section 404(1A)).

Section 405 EA 1996 is headed “Exemption from sex education”. It makes different provision for different categories of sex education namely:

“sex education”;