High Court rules in favour of Welsh sex education reforms

Campaigners against the new curriculum went to the High Court in November.

Members of the Public Child Protection Wales group claimed children as young as three would be taught about “sensitive and arguably inappropriate topics”, including gender ideology, and that parents were being disenfranchised by being denied the right to remove their child from sex education.

The Welsh Government said these claims were “incorrect” and that all lessons would be age-appropriate.

• READ MORE: Jeremy Miles hits out at misleading claims over sex education curriculum.

On Thursday afternoon, the High Court ruled in favour of the Welsh Government on all grounds.

In its ruling, the court found the guidance on the curriculum would “ensure that RSE teaching is conveyed in an objective critical and pluralistic manner, and does not breach the prohibition on indoctrination.”

Mrs Justice Steyn, presiding over the case, said: “There was a disjunct between the actual contents of the code and the guidance, and the claimants’ allegations.

“On analysis of those texts, the court concluded that the contention that they fall foul of the rule against indoctrination was misconceived.”

• READ MORE: What is actually being taught under the new sex education reforms in Wales.

“We have been clear that RSE is intended to keep children safe and to promote respect and healthy relationships,” said minister for education Jeremy Miles.

“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.

“I would like to put on record that I am appalled by the misinformation that has been purposefully spread by some campaigners, and the additional pressure this has brought upon some schools and workforce.”

The campaigners had argued that the mandatory element of the new curriculum breached the European Convention of Human Rights (ECHR).

Article Two, Protocol One of the ECHR reads: “No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the state shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.”

However, the court found that it could not be claimed that the absence of a parental right of excusal breaches the first sentence of this, and there was nothing in the code or guidance in breach of the second sentence the ECHR protocol.

Vivienne Laing, policy and public affairs manager for NSPCC Cymru said: “[The mandatory teaching of RSE's] inclusion in the new Curriculum for Wales ensures every child and young person has access to RSE that is relevant, sensitive, and age-appropriate to their capacities and needs.

“This has lifelong benefits for children and young people by teaching them about healthy and positive relationships, empowering them to recognise abuse and learn about their rights to be kept safe and healthy.”