Amendment 466

Part of Children’s Wellbeing and Schools Bill - Committee (11th Day) – in the House of Lords at 12:30 pm on 16 September 2025.

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Photo of Baroness Smith of Malvern Baroness Smith of Malvern Minister of State (Education), Minister of State (Minister for Women and Equalities) , The Minister of State, Department for Work and Pensions 12:30, 16 September 2025

I turn first to Amendments 466 and 467, both of which were tabled by the noble Lord, Lord Sandhurst. Amendment 466 seeks to ensure that all external resources used in schools within the relationships, sex and health education curriculum are published, and Amendment 467 seeks to ensure that the department issues guidance which includes an instruction not to prevent parents from requesting to view copies of RSHE school material and not to enter into commercial confidentiality agreements that would prevent schools from showing materials to parents.

In July 2025, we published updated RSHE statutory guidance, which now makes it clear that there is a public interest in parents being able to see what their children are being taught. This is particularly important regarding RSHE, where, as noble Lords have suggested, content is often sensitive and covers issues on which there are differences of opinion.

The legal requirement for schools to publish their relationships and sex education policies, and to consult parents on them, has been in place since 2020. However, we have gone further in our revised statutory guidance, which is now clear that schools should ensure that parents are able to view all RSHE materials on request. As the noble Lord, Lord Sandhurst, identified, these issues are expressed particularly clearly in the guidance from paragraph 55 onwards. To reassure noble Lords, I will quote some of the key sentences in the guidance. Paragraph 56 is clear that schools

“should ensure that parents are able to view all”— the word “all” is underlined—

“curriculum materials used to teach RSHE on request”.

On the important point made by my noble friend Lady Thornton, the guidance is also clear that parents are not able to veto curriculum content, and that schools must consult with parents when developing their RSHE policy. It is right that parents can see what their children are being taught, especially in relation to sensitive topics, and schools should respond positively to requests from parents to see material.

Several noble Lords referred to the issue of copyright and contractual restrictions, which I know has been of concern to some schools in terms of sharing information. The guidance is very clear that, when contracting with external providers, schools should not agree to any contractual restrictions on showing parents any content that the school will use. Schools should communicate to providers that they are legally obliged to have regard to this statutory guidance, including the expectation that all content can be shared with parents. Paragraph 58 of the guidance states:

“Where contractual clauses exist that seek to prevent schools sharing any material at all with parents, they are void and unenforceable”.

I think that provides the clarity that noble Lords are looking for on the sharing of information with parents.

I am afraid that I do not agree with the noble Lord, Lord Sandhurst, that including the small element in the amendment in the Bill would strengthen the clarity, depth and range of advice that statutory guidance is able to provide for schools. The guidance is statutory; schools are required to follow it. As the noble Lord himself identified, placing something on the face of a Bill does not mean that it could not be changed in the future, notwithstanding the fact that it would be a more difficult process. This Government have taken seriously the requirement to fulfil the spirit and the letter of the case made in these amendments, and I have identified how we have done that.

Amendment 474, tabled by the noble Lord, Lord Lucas, seeks to ensure that all external resources used by schools are publicly accessible. I have said that we expect schools to be open with parents and let them see any resources that they are concerned about. If parents have concerns, there are ways of dealing with them. Maintained schools and academies are already required to publish details on how parents can access further information about a school’s curriculum.

Amendments 502YE and 504B, both tabled by the noble Baroness, Lady Barran, seek to require the publication of statutory guidance for schools and colleges on gender-questioning children on the day that the Bill is passed. As a Government, we have constantly reaffirmed our commitment to placing children’s well-being at the centre of education policy. I am sure that the noble Baroness is right that care was taken over the draft guidance that she quoted from, but that was draft guidance that was then subject to a consultation.

In response to the consultation on gender-questioning guidance for schools, I assure the noble Baroness that we are considering the evidence equally as carefully as happened previously. We are now in a position to include the findings of the Cass review as part of that consideration, and we will confirm our next steps shortly. My noble friends are right to emphasise the need for this to be produced thoughtfully rather than quickly. I understand the concerns raised by noble Lords about the difficult decisions schools are having to take; nevertheless, I think that they would expect this to be done with equal care and bearing in mind both the consultation and other factors, such as the Cass review. As I said, we will confirm our next steps shortly. On that basis, I hope that the noble Lord will feel able to withdraw his amendment.

Amendment

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