Report on the Outcome of Public Consultation

Consultation on legislation which provides for a parent to request

to have their child excused from age-appropriate, comprehensive
and scientifically accurate education on sexual and reproductive
health and rights, covering prevention of early pregnancy and
access to abortion.

January 2024
Introduction

1. On 1 September 2023, the Department launched a consultation on proposals

for Regulations that would prescribe the circumstances in which, at the
request of a parent, a pupil may be excused from receiving age-appropriate
and scientifically accurate education on sexual and reproductive health and
rights covering prevention of early pregnancy and access to abortion, or
specified elements of that education. The consultation closed on 24
November 2023. A summary of the responses provided by respondents to the
consultation is included in this document and in Annex A. A summary of the
Department’s engagement with young people is included at paragraph 17. A
summary of the engagement with other stakeholders is included at paragraph
18.

Context

2. The Secretary of State is required to ensure that the recommendations in

paragraphs 85 and 86 of the 2018 report of the UN Committee on the Ending
of Discrimination Against Women (“the CEDAW Report”) are implemented in
respect of Northern Ireland.

3. Paragraphs 85 and 86 recommended a change to the law around sexual and

reproductive health, rights and services. Specifically, paragraph 86(d) requires
the United Kingdom Government to “Make age-appropriate, comprehensive
and scientifically accurate education on sexual and reproductive health and
rights a compulsory curriculum component for adolescents, covering early
pregnancy prevention and access to abortion, and monitor its
implementation”.

4. On 5 June 2023, the Secretary of State for Northern Ireland brought forward
Regulations under his powers in section 9 of the Northern Ireland (Executive
Formation etc) Act 2019 - the Relationships and Sexuality Education
(Northern Ireland) (Amendment) Regulations 2023 (“the 2023 Regulations”).

5. The 2023 Regulations amend the Education (Northern Ireland) Order 2006
and the Education (Curriculum Minimum Content) Order (Northern Ireland)
2007 (“the 2007 Order”) in respect of Learning for Life and Work to ensure
pupils at key stages 3 and 4 (this refers to pupils aged 11-16 in Years 8-12)
receive age-appropriate, comprehensive and scientifically accurate education
on sexual and reproductive health and rights, covering prevention of early
pregnancy and access to abortion (referred to in this document as “Article
 5(1A) education”) to reflect the Secretary of State’s legal duties. It should
therefore be noted that the curriculum, in respect of the teaching of
contraception and abortion, has already changed.

6. In addition to the requirement to legislate, the Regulations also place duties

on the Department of Education. Specifically, they provide that the
Department must, by 1 January 2024, issue guidance on the content and
delivery of the education required, to be compliant with the CEDAW
recommendations. The guidance must be issued with a view to ensuring that
pupils receive education on sexual and reproductive health and rights,
covering prevention of early pregnancy and access to abortion; and that the
education received by pupils is age-appropriate, comprehensive and
scientifically accurate.

7. In exercising their functions, the Board of Governors and Principal of each

school must have regard to any guidance issued by the Department.

The Curriculum

8. Relationships and Sexuality Education (RSE) is mandatory for all pupils of

compulsory school age. All grant-aided schools are required to have an RSE
policy that is based on consultation with parents and pupils. It is the
responsibility of the Board of Governors of each school to ensure that a
comprehensive programme is delivered which meets the needs of its pupils
and aligns with its RSE policy.

9. The statutory curriculum for Personal Development and Mutual Understanding

at primary level, and the Personal Development strand of the Learning for Life
and Work area of learning at post-primary level, includes high level prescribed
content for RSE at each key stage; this is the minimum entitlement that all
young people must legally receive.

10. Beyond this, teachers can provide a balance of experiences drawn from a list
of examples prepared by the Council for the Curriculum, Examinations and
Assessment (CCEA).

Scope

11. Under Article 10A (5) and (6) of the Education (Northern Ireland) Order 2006,
as inserted by the 2023 Regulations, the Department is required to consult,
before making regulations, specifying the circumstances in which at the
 request of a parent, a pupil may be excused from receiving Article 5(1A)
education or specified elements of that education. This was the sole purpose
of the consultation. As the Department did not amend the curriculum it was
not required to consult on this which many respondents noted with
disappointment. A significant number of respondents were also critical that
“abortion rights” had been imposed on Northern Ireland without consultation
and over the heads of the Assembly and Executive. Again, this was outside of
the scope of the consultation; the provision of abortion services is the
responsibility of the Department of Health.

Consultation Proposals

12. The Consultation Booklet is attached at Annex B. It contained four

Statements with which respondents were asked to agree, disagree or to
neither agree nor disagree. There was also provision made for the inclusion
of comments.

The Statements were:

1. The content of teaching and learning resources for Learning for Life and
Work developed by CCEA should be factual and contain age-appropriate,
comprehensive and scientifically accurate education on sexual and
reproductive health and rights, covering prevention of early pregnancy and
access to abortion and these resources should not advocate, or oppose, a
particular view on the moral and ethical considerations of abortion or
contraception.

2. Parents/carers should be informed about the specific nature and content of

the age-appropriate, comprehensive and scientifically accurate education
on sexual and reproductive health and rights, covering prevention of early
pregnancy and access to abortion.

3. The United Nations Convention on the Rights of the Child1 includes at

Articles 1-3 and 12 the rights of the child to ‘express their views, feelings
and wishes in all matters affecting them, and to have their views
considered and taken seriously’ and at Article 5 ‘the rights and
responsibilities of parents and carers to provide guidance and direction to
their child as they grow up so that they fully enjoy their rights. This must
be done in a way that recognises the child’s increasing capacity to make
their own choices.’ The Department’s guidance, when developed, should

1 UNCRC_summary-1.pdf (unicef.org.uk) Articles 1-3 and 12

 consider in such instances how schools balance the rights of both children
and parents/carers in implementing the regulations.

4. Pupils and parents/carers should have access to an overview of their

school’s RSE policy and planned RSE programme.

Summary of Responses

13. The graphs in Annex A set out the analysis of responses in detail, but they are
summarised in the following paragraphs.

14. A total of 13,461 responses were received by the close of the consultation. Of
these, 13,180 were received online via Citizen Space with a further 166 by
hard copy and 115 by e-mail. Additionally, several letters were received
which did not address any of the statements in the Consultation Booklet. The
Department notes that 5,947 of respondents indicated that they did not wish
to be identified.

15. The highest number of responses were received from parents (47.16%)
followed by members of the public (32.48%). The fewest responses were
received from Trade Union Representatives (0.21%). However, it should be
noted that the Department engaged directly with teachers’ trade unions and
school leaders’ professional associations to seek their views. Pupils
accounted for 0.86% of respondents. The Department engaged directly with
groups of young people to seek their views on the consultation. In addition to
engaging directly with trade unions and groups of young people, the
Department also met with a range of stakeholders including political party
representatives, church and faith groups, the Council for Curriculum,
Examinations and Assessment (CCEA), the Education Authority and
practitioners, including representatives from Initial Teacher Education
providers.

16. As already noted, the Department is grateful for all those who took the time to
respond to the consultation and to meet with representatives from the
Department. The Department acknowledges that the broader subject on
which the consultation touches elicits a wide range of diverse views, all of
which are deeply held.
 Statement One

In relation to this Statement: 23.84% agreed; 73.17% disagreed; and

2.89% neither agreed nor disagreed.

The Department analysed a sample of 7,945 comments received in

respect of each Statement against set criteria. A summary of the views
of the sample of respondents, in relation to Statement One, expressed
as a percentage, are set out below.

Statement S1%
Resources should only be factual & scientific 6.46%
Resources should Include moral & ethical perspectives 43.42%
RSE teaching should be left to parents 6.61%
Teaching of abortion should be left to parents / carers 14.66%
Teaching of abortion should be held in school 0.95%
Children's rights should take precedence 0.76%
Parents' rights should take precedence 5.02%
Discussion of an opt-out for teachers and school leaders 6.82%
Discussion of religion / faith more broadly 3.27%

Extracts of what you told us:

“Agree to factual and age-appropriate, scientifically accurate education on

sexual and reproductive health and rights, covering prevention of early
pregnancy. This should include education surrounding consent.
I do not agree that abortion should be taught to our children. If all boys are
taught to use a condom, then unplanned pregnancies will become a rarity.
Killing unborn children as a lifestyle choice should not be on the educational
agenda.” Parent/Carer

“I disagree that abortion options and prevention of early pregnancy should be

explained to children. This may encourage them to experiment with sex from
a young age, removing their innocence, and show them that there is a 'get out
of jail free' card if they were to fall pregnant. Abortion is the murder of a child
and it should not be taught as an option.” Parent/Carer

“I disagree with the statement in so far as it includes information covering

access to abortion - I do not believe it to be moral or ethical to be given to
children.” Teacher

“Efforts must be made by schools to ensure that if a child or their parents do

not opt out of receiving RSE that the pupil does receive a comprehensive
RSE education. In large part many students who do not receive RSE
education in schools where it is offered are not educated for simply being sick
on the day it was being taught or could not attend school for one reason or
another.” University Student

“As a Catholic Religious Studies teacher, I address the subject of abortion in

GCSE Religious Studies Ethics, comprising both sides of the argument
thoroughly. Students are very free to take their own opinion and they certainly
do. Abortion access is not on the curriculum, but as students have to
understand present legislation, it would be a simple matter to include the fact
that a woman considering abortion can begin the access process through a
GP appointment.” Teacher

“It's important that awareness of 'safe' abortion services is available to reduce

risk of dangerous procedures however alternatives to abortion also need to be
included so this is not portrayed as promotion of abortion for unwanted
pregnancies.” Grandparent

“I don’t think there should be an age restriction as I think all children years 8
and above should be aware of all possible outcomes when they are better
educated as this would stop unwanted pregnancies at a young age.”
Parent/Carer

“Agree and well overdue in Northern Ireland.” Parent/Carer

“There is a vast difference in maturity between key stage 3 and key stage 4
children. This would need to be addressed and topics like early pregnancy &
abortion left to key stage 4!” Parent/Carer

“I’m very happy to hear about this change. I’m very happy to hear that my
children will be educated in a way that I was not, having grown up in N.
Ireland and been subjected to discourses in school which *did not* advocate
for or discuss any bodily autonomy for women, quite the opposite.”
Parent/Carer

“Even schools with a Catholic ethos should have to teach about contraception
and access to early abortion. Denying this information to children is unfair and
the expectation of teenagers to remain abstinent unrealistic in modern times.
Hence this information is useful and necessary.” Teacher

“To require teachers to provide information in access to abortion may well

conflict with their spiritual beliefs and place them in a moral dilemma. Will this
require teachers to leave education?” School Governor

“Although the taught lessons should be factually correct and not advocate or
oppose, I believe it is important to recognise that this is a controversial topic,
and allow guided discussion that supports students to discuss this is a safe
way.” Member of the Public
“Agree - teaching should be based on scientific evidence and facts. Teachers
should not allow their personal viewpoints to influence teaching in this
subject.” Parent/Carer

“These issues cannot be discussed outside of a moral framework! The Dept of

Education etc has totally failed in addressing the matters of 'early pregnancy'
and 'access to abortion' as it is not in a position to address these matters from
a moral perspective.” Teacher

“Absolutely agree. Factual and neutral information should be shared -

religious/moral bias has no place in this facet of our children's education.
Information on contraception and abortion is crucial for our young people - I
did not have access to such resources 13 years ago; only damaging,
inaccurate pro-life rhetoric. When becoming pregnant as an 18 year old
student, I had no idea on where to turn. Please change this for the future of
our young people and force schools, regardless of religion, to move with the
times.” Parent/Carer

“The teaching should take in consideration the local culture, background

education level, moral and ethical believes of the society that we are part of.”
Parent/Carer

“I fully support access to factual information for young people to improve their
chances of making safe and healthy decisions. It is critical that this
information is available and delivered through schools.” Parent/Carer

“It is vital that pupils are taught accurate and appropriate information
regarding these topics. I believe that pupils absolutely should know how to
prevent early pregnancy and access abortions.” Parent/Carer

“Giving pupils information enabling them to access abortion is highly

irresponsible and something I will not do as a teacher. If a pupil is pregnant,
they will be emotionally confused and need help to face their situation. To
provide them with information on how to access an abortion will lead them to
make decisions that later in life they will regret and have to live with emotional
trauma.” Teacher

“Simply teaching abortion and contraception indicates that it is something you

approve of. How can those who disagree with abortion teach children how to
access it?” Member of the Public

“Moral and ethical cannot be removed from the discussion of abortion, if these
are not to be discussed when teaching about it, then it can only be taught it a
way that is in support of it, this is not OK.” Teacher

“Autonomy over your own body is fundamentally a human right. Providing

factual, non-biased learning for children allows them to make the best
decisions for themselves, beyond any indoctrination.” Parent/Carer

“I work in mental health and so many people are mentally damaged by not
having access to impartial contraception and abortion information.
They have mental health difficulties either because they had a baby that
wasn't wanted or they were a baby that wasn't wanted. Knowledge is power.
Give people the information and trust them to make good decisions.”
Parent/Carer

"Must" be factual as opposed to should be. All language used should be

careful to ensure there is no element of "promotion". Parent/Carer

“This kind of information should be provided in schools for pupils at age 16

and above.” Parent/Carer
 Statement Two

In relation to this Statement: 91.72% agreed; 4.42% disagreed; and

3.79% neither agreed nor disagreed.

The Department analysed a sample of 7945 comments received in

respect of each Statement against set criteria. A summary of the views
of the sample respondents, in relation to Statement Two, expressed as
a percentage, are set out below.

Statement S2%
Resources should only be factual & scientific 1.30%
Resources should include moral & ethical perspectives 1.21%
RSE teaching should be left to parents 3.19%
Teaching of abortion should be left to parents / carers 2.76%
Teaching of abortion should be held in school 2.14%
Children's rights should take precedence 4.40%
Parents' rights should take precedence 74.20%
Discussion of an opt-out for teachers and school leaders 0.62%
Discussion of religion / faith more broadly 2.33%

Extracts of what you told us:

“I believe the full course details for all subjects should be available for
parents/carers.” Parent/Carer

“Whilst sharing information is a good thing, parents should not be given the
option of pulling young people out of lessons. It is essential young people are
given accurate and factual information, to better inform their future choices.”
Grandparent

“It's very important that parents and carers are informed about the subject
material so they can be informed about the education their children are
receiving.” Member of the public

“Parents should not be able to excuse a child from these classes as that is
how young people can be exploited by parents and family members to follow
dubious practices” Parent/Carer

“I think parents should be informed of the content of teaching but should not
have the right to withdraw their child from teaching at any stage. This will do
nothing but ensure that their children develop the same bigoted, narrow-
minded ignorant world view as they themselves have. Appropriate sex and
relationship education is the best protection against teen pregnancies, early
STD acquisition, and sexual exploitation.” Member of the public

“This is a Human Right for young people these days. Do not prevent them
from getting the information. TAKE RELIGIOUS VIEWS OUT OF IT!”
Parent/Carer

“None of this should be taught to any child unless parental/carer consent has
been obtained and that those giving consent have reviewed all materials that
will be used.” Parent/Carer

“If the education being provided meets the requirements of legislation then I
don't feel I need to know the specifics.” Parent/Carer

“It is important that parents/carers know what is going to be taught to their

child.” School Leader
“Informing parents will allow them the to be better equipped for any questions
their kids way ask at home. Having all the information available to them will
help to prevent confusion in the children” Member of the public

“Opting a child out of these issues in post primary is going to cause serious
embarrassment and potentially bullying for a teenage child. I can only see bad
things for a child who is opted out, with everyone realising they’re not there
and humiliating them.” Parent and teacher

“Parents should have the information being taught, but should not be able to
restrict their child from engaging with the material/lesson.” Former pupil

“Parents should be informed so that they can support the education in a

positive manner.” Parent/Carer

“Parents have every right to know the exact detail of what is being taught to
their children. And have the option to remove them from what they deem
inappropriate with no judgment for them or their children.” Parent/Carer

“The proposed content of the topics developed by CCEA should be made

public, before development of SOWs, etc, actually takes place. This would
allow for a separate period of consultation to be opened.” Teacher

“Transparency is key to the success of this teaching, otherwise this subject

remains 'taboo'.” Teacher

“With such a sensitive issue, parents should have the right to know what their
child is being taught.” Parent/Carer

“I am concerned that if parents are given all the specific details that they will
withdraw their child from certain aspects of school so that they don't get the
information they both need and deserve.” Teacher
“Parents should be informed so they can talk to their child should they have
additional questions, as they would with any other subject.” Parent/Carer

“I think that parent should be provided with information if they seek it, but not
routinely. I think some parents lack of understanding of this subject or their
own biased views would unduly influence their decision regarding the
education of their child in this area.” Parent/carer

“I agree with CCEA's statement that parents are the lead educators in this
sensitive area and it is the role of the school to complement and support”
School Leader

“Parents and carers should be given awareness of what their children are
being taught/informed, but such crucial information should not be subject to
parental permission to be taught as it should be mandatory rather than
optional. Awareness for parents/carers can pave the way to communication
with young people over the subject.” Pupil

“Parents have views and some can be extreme. They do not have a say in the
curriculum so why this aspect? All young people should be provided with the
information to ensure they make safe, correct choices for their health and
wellbeing. These may not be in line with parents views so they could stop the
access to this vital piece of education” Member of the public

“If parents are aware of the topics it can lead to more discussion at home,
hopefully leaving the pupil feeling more safe and secure in talking to their
parents around anything to the matter, e.g. a coercive boyfriend, allowing
them to come out etc” Parent/Carer

“It doesn't matter, I believe kids need to learn this whether or not the guardian
approves. I believe the safest option would be to send a rough summary of
what Is covered (the more wordy the better and no pictures/diagram).”
Education Body

“Parents must be involved in the education of their children. Transparency is

crucial.” Youth Worker
 Statement Three

In relation to this Statement: 26.44% agreed; 19.36% disagreed; and

54.12% neither agreed nor disagreed.

The Department analysed a sample of 7945 comments received in

respect of each Statement against set criteria. A summary of the views
of the sample of respondents, in relation to Statement Three,
expressed as a percentage, are set out below.

Statement S3%
Resources should only be factual & scientific 1.10%
Resources should include moral & ethical perspectives 0.51%
RSE teaching should be left to parents 3.04%
Teaching of abortion should be left to parents / carers 2.13%
Teaching of abortion should be held in school 0.51%
Children's rights should take precedence 8.40%
Parents' rights should take precedence 61.53%
Discussion of an opt-out for teachers and school leaders 5.13%
Discussion of religion / faith more broadly 2.86%

Extracts of what you told us:

"Rights of pupils and parents deserve equal respect. Schools should not
indulge in secrecy regarding the content or presentation of such sensitive life
issues and should not undermine parents to their children. DE should also
have regard for teachers' conscience rights in this context." Retired School
Principal

"Rather than getting hung up on the issue of rights I feel it is more important
that there are clear lines of communication between the school and parents
and that there is trust between them.” School Governor

“We feel that it is a form of child abuse to keep children in ignorance of this
area of teaching, bearing in mind that the age of consent has been lowered to
16.” Women’s Forum Northern Ireland

“As a parent I know my child best and am therefore best placed to know what
they need to know. Children don’t want to have to justify themselves to their
peers and so can pass the decision to their parents.” Parent/Carer

“Parents have the right to decide what's in the best interests of their children.
Children may not be mature enough to decide whether something is in their
best interests or not.” Parent/Carer
“It is hard to make a judgement on this very general statement. There is a
danger that children's rights and parental rights could be framed in somewhat
oppositional terms. Cultivating trust and co-operation between parents, their
children and schools should be the over-riding aim. Too much emphasis on
the language of rights does not always serve that end.” Parent/Carer

“We need to take into consideration that the parent has the responsibility of
how their child is being taught and therefore should have the right to take the
child out of the class if they have a reasonable complaint for doing so. I also
think that if the schools have a duty to make sure that the safety and care of
the child is securely as there are sadly many children suffering abuse from
home.” Member of the Public

“The UN convention on the Rights if the Child is not part of UK law, and it is
never advisable to quote selectively from these things as it is easy to present
a biased point of view. Balance is needed in considering children's and
parent's rights. I don't think children should be asked to make decisions which
they do not have the life experience to make. Nor should they be the ones
who decide about withdrawing themselves from RSE lessons.” Member of
the Public

“Factual information should be made available to all children regardless of the

parents’ views. Opinions do not change facts.” School Governor and
Parent

“It is paramount that teachers should not be placed in a position where they
are asked to teach contrary to parental wishes as this damages relationships
and leaves the child as the loser.” Teacher

“I would rather that all children are entitled to all RSE information with no
parental opt out. However, if the department is allowing for the right of parent
withdrawal then I would like to see an age-related point (eg 15yrs) where the
child’s capacity to choose is recognised & those children who wish to opt back
in will be entitled to do so.” Parent/Carer

“Children are and should be just that-children! When we consider that they
cannot vote until a certain age then why should being taught about such
issues be any different. They are growing and learning and should not be
confused any further. Hormones can confuse a child, adults teaching such
material will only confuse them even further.” School Leader

“While we want to allow adolescents the space and time to grow and develop
their views and beliefs, an individual under 18 is still considered a child and
science states that a human brain is not fully formed until around 25. All this
to say that parents should and do have the right to parent their children in the
way they see fit and parents views and wishes cannot be ignored.” Teacher
and Parent
 Statement Four

In response to this Statement: 95.73% agreed, 1.75% disagreed; and

2.44% neither agreed nor disagreed.

The Department analysed a sample of 7945 comments received in

respect of each Statement against set criteria. A summary of the views
of the sample of respondents, in relation to Statement Four, expressed
as a percentage, are set out below.

Statement S4%
Resources should only be factual & scientific 0.44%
Resources should include moral & ethical perspectives 0.62%
RSE teaching should be left to parents 1.54%
Teaching of abortion should be left to parents / carers 0.40%
Teaching of abortion should be held in school 1.43%
Children's rights should take precedence 2.41%
Parents' rights should take precedence 83.32%
Discussion of an opt-out for teachers and school
leaders 1.90%
Discussion of religion / faith more broadly 2.20%

Extracts of what you told us:

"I would expect the school policy to pay full regard to producing clear
guidance that also fully respects the role of school governors, teachers,
parents and one way to achieve that I believe, is to ensure all parties are fully
informed, guided, with a suitable policy which is simple and clear, subject to
consultation, with adequate time to consider, especially if and when changes
may be proposed. A policy should be clear about how a parent may exercise
their decision to withdraw a child.” Grandparent

“A school’s policy on RSE should be published on their website so everyone

knows what exactly will be taught.” Parent/Carer

“Not to allow parents to demand alterations but to allow them to be prepared

for questions.” Parent/Carer

“Schools should have a published RSE policy and this should be readily and
easily available to view. In fact, schools should actively encourage parents to
view and to comment or ask questions. Any changes to the RSE policy should
be advertised and parents consulted before approval. Their [sic] should be an
agreed process to accept changes that schools need to adhere to and be
audited on to ensure compliance. When voting on change there should be a
majority view and there must be a fair representation of the parent
population.” Member of the public

"The parent needs to be given full and honest details about what their child is
being taught in schools. The school should be open and honest about
informing the parents about the lessons and all contents. This consultation
should be made well before the review of the school's RSE policy is made and
before any agreement by the Governing body. The parents need adequate
time to study the material involved and make informed decisions.” Member
of the public

“My daughters' current school has provided me with the current RSE policy
and this is very welcome. I would also like the school to provide an updated
policy when these changes take place.” Parent/Carer

“If there were statutory requirements and teacher training and specialist
support this would be very helpful.” School Leader

“Parents should be able to access this to help their children in their education,
by answering questions they may be nervous to ask themselves etc.”
Member of the public

"Being informed assists transparency and open delivery of such a programme

and allows relevant decisions to be made or explained reasonably." Retired
School Principal

“Access yes in the same way an enquiry about any topic should be met. But
access does not mean a right to change what is taught.” Parent/Carer

“I need to know if school is a safe place for my children to grow up. My

children go to school to learn, not to have other people's idea of right and
wrong forced upon them.” Parent/Carer

An overview could be provided to allow parents to have informed discussions

with their children, but the option of pulling children out of the class should not
be available, and dates that specific topics are being taught should not be
provided so that parents can’t take their children out. Parent/Carer

“The Policy should guide teachers in balancing different viewpoints and how
to manage a disagreement with parents about the course and content and
whether their children can be withdrawn from part or all of the teaching in a
suitable way. Adequate time must be given to assess the views of parents.”
Grandparent

“Parents only who can then decide what to tell their children.” [Sic]
Classroom Assistant
Responses received through direct engagement with stakeholders
Views expressed by Young People

17. Throughout the consultation period, the Department met with groups of young
people to hear their views. The majority of young people that the Department
met with indicated that they received little or no RSE education or the
education they received did not deal effectively with sensitive issues. This
was borne out by the responses received by the Education and Training
Inspectorate in respect of the Preventative Curriculum. They also indicated
that they were very much in favour of receiving this education. The view was
expressed that it was better to receive this education in school from their
teacher that they could trust rather than online or from peers.

Views expressed by other stakeholders

18. The Department met with a range of stakeholders throughout the consultation
period including political party representatives, church and faith groups, the
Council for Curriculum, Examinations and Assessment (CCEA), the Education
Authority and practitioners. There was a variance of views expressed on such
proposals such as the right of the pupil’s voice to be heard against the right of
their parent’s. There were also conflicting views on whether or not there
should be the right to be excused from the changes to the minimum content
introduced by the Secretary of State.

Responses outside scope of consultation

19. A number of responses were outside the scope of the consultation. Some
respondents expressed their opposition to teaching pupils about abortion.

20. Section 9 of the Northern Ireland (Executive Formation etc) Act (Northern
Ireland) 2019 (“the 2019 Act”) sets out the arrangements for ending the
previous prohibition on abortions in Northern Ireland. It is important to note
that the legislation giving effect to this is outside the remit of the Department
of Education. Provision for access to abortion services is a matter for the
Department of Health and the Health and Social Care Trusts. Similarly, the
decision to include age-appropriate and scientifically accurate education on
sexual and reproductive health and rights covering prevention of early
pregnancy and access to abortion in the curriculum is not one the Department
has made. These are matters for the Secretary of State and result from a
 legal imperative from the 2019 Act and given effect to by the Relationships
and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023.
They are not therefore matters on which the Department can comment within
the parameters of this consultation.

Conclusion

21. The 2023 Regulations made by the Secretary of State require the
Department to make provision about the circumstances in which, at the
request of a parent, a pupil may be excused from Article 5(1A) education.
There is therefore a legal imperative for the Department to bring forward
regulations as required by the Secretary of State.

Circumstances in which a parent can request to have a pupil excused from education
about sexual health and rights

22. Having considered the responses to the consultation, the Department has
decided to make provision about the circumstances in which, at the request of
a parent, a pupil be excused from receiving Article 5(1A) education under the
Education (Northern Ireland) Order 2006 (as inserted by regulation 2(2) of the
Relationships and Sexuality Education (Northern Ireland) (Amendment)
Regulations 2023) or specified elements of that education which are
prevention of early pregnancy and access to abortion. The Regulations will
be published in due course.

Parental engagement

23. Parental engagement can have a large and positive impact on children’s
learning and achievement. It should therefore be a priority for schools to
identify opportunities to support parents, particularly those parents who are
not significantly involved in their children’s education. The more engaged
parents are in the education of their children the more likely their children are
to succeed in the education system.

24. Parents have told us they are the first teachers of their children. They have
the most significant influence in enabling their children to grow and mature
and to form healthy relationships. All schools should, therefore, work closely
with parents when planning and delivering these new topics. Schools should
ensure that parents know what will be taught and when, and clearly
communicate the fact that parents, as already noted, understand they have
the right to request that their child be withdrawn from all of the new education
or elements of it.
 25. Parents should be given every opportunity to understand the purpose and
content of RSE. Good communication and opportunities for parents to
understand and ask questions about the school’s approach can help increase
confidence in the curriculum. This could be done by for example, inviting
parents into school to discuss what will be taught, address any concerns, and
help support them in managing conversations with their children on these
issues. This can also be an important opportunity to talk about how these
subjects contribute to wider support in terms of pupil wellbeing and keeping
children safe.

26. It is important through such processes to reach out to all parents, recognising
that a range of approaches may be needed for doing so. Many schools will
have existing mechanisms in place to engage parents and should continue to
draw on these as required.

External Providers

27. Working with external providers can enhance delivery of these topics. They
can bring in specialist knowledge and different ways of engaging with young
people. As with any external engagement, schools are responsible for
ensuring that they check the organisation’s credentials. Schools should also
ensure that the teaching delivered fits with their planned RSE programme,
their published policy and the ethos of the school. Parents have told us that
they want to see the content of any external provision, and many have said
they want to be able to either comment on it, agree it or have the opportunity
to do both.

28. It is important that schools discuss the detail of how the provider will deliver its
session(s) and ensure that the content is age-appropriate and accessible for
all pupils who have not been excused. Schools should ask to see the
materials external providers will use as well as a lesson plan in advance, so
that they can ensure it meets the full range of pupils’ needs. Use of providers
should be to enhance teaching rather than replace it.

Rights

29. In response to Statements 2, 3 and 4, the vast majority of the comments

received indicated that the rights of parents to direct their child’s education
generally, and in respect of RSE specifically, should take precedence over
other considerations. This may reflect the fact that the majority of respondents
were parents. However, a number of provisions support the rights of parents
including Article 44 of the Education and Libraries (Northern Ireland) Order
 1986 and Article 2, Protocol 1 of the European Convention on Human Rights
which has been transposed into United Kingdom law by the Human Rights Act
1998.

30. Additionally, Article 5 of the United Nations Convention on the Rights of the
Child (UNCRC) provides that “Governments must respect the rights and
responsibilities of parents to provide guidance and direction to their child as
they grow up, so that they fully enjoy their rights. This must be done in a way
that recognises the child’s increasing capacity to make their own choices.”.
Article 14 provides, inter alia, that “Governments must respect the rights and
responsibilities of parents to guide their child as they grow up”.

31. In respect of children and young people, the Children's Services Co-operation
Act (Northern Ireland) 2015 provides that the “functions conferred by this Act
are to be exercised for the purpose of improving the well-being of children and
young persons.” The “well-being” of children and young persons includes
learning and achievement. Further, in determining the meaning of well-being
for the purposes of the Act, regard is to be had to any relevant provision of the
United Nations Convention on the Rights of the Child. Therefore, in
considering the circumstances in which a parent can request for a pupil to be
excused from Article 5(1A) education, the Department will consider whether
and how a pupil’s increasing capacity to make their own choices should be
reflected in the Regulations.

Publication

32. This response will be published on the Department’s website alongside

guidance for schools, the Regulations and accompanying Explanatory
Memorandum.
 Annex A

Summary of responses received.

Category of Respondent

Trade Union Rep 0.21%

Teacher 7.61%

School Leader 1.31%

School Governor 1.25%

Pupil 0.86%

Parent/Carer 47.16%

Not Answered 0.01%

Member of the public 40.93%

Education Body 0.66%

0.00% 10.00% 20.00% 30.00% 40.00% 50.00%

Statement 1 Responses

Not Answered 0.10%

Neither Agree nor Disagree 2.89%

Disagree 73.17%

Agree 23.84%
 Statement 2 Responses

Not Answered 0.08%

Neither Agree nor Disagree 3.79%

Disagree 4.42%

Agree 91.72%

Statement 3 Responses

Not Answered 0.08%

Neither Agree nor Disagree 54.12%

Disagree 19.36%

Agree 26.44%
 Statement 4 Responses

Not Answered 0.08%

Neither Agree nor Disagree 2.44%

Disagree 1.75%

Agree 95.73%
 Relationships and Sexuality Education: Consultation Booklet Annex B

Relationships and Sexuality

Education
(RSE)

Consultation on legislation which provides

for a parent/carer to request to have their
child excused from age-appropriate,
comprehensive and scientifically accurate
education on sexual and reproductive
health and rights, covering prevention of
early pregnancy and access to abortion.

CONSULTATION BOOKLET
Purpose

The Department of Education is required by legislation to consult on its legal duty to

provide for parents/carers to have their child excused from specific areas of the
Personal Development strand of Learning for Life and Work at key stages 3 and 42.
The legislation specifically requires the Department to make regulations about the
circumstances in which, at the request of a parent/carer, a pupil may be excused
from classes providing age-appropriate and scientifically accurate education on
sexual and reproductive health and rights covering prevention of early pregnancy
and access to abortion. It should be noted that this option does not apply to other
areas of Relationships and Sexuality Education whether taught as part of Learning
for Life and Work or as part of other subjects, including Religious Education, Biology,
History, Drama and English.

The Department will issue guidance to schools regarding the delivery of Learning for
Life and Work in relation to the Regulations made by the Secretary of State.

Background

On 5 June 2023, the Secretary of State for Northern Ireland brought forward
Regulations under his powers in section 9 of the Northern Ireland (Executive
Formation etc) Act 2019, the Relationships and Sexuality Education (Northern
Ireland) (Amendment) Regulations 2023 (Link Here).

The Secretary of State is required to ensure that the recommendations in

paragraphs 85 and 86 of the 2018 report of the UN Committee on the Ending of
Discrimination Against Women (“the CEDAW Report”) are implemented in respect of
Northern Ireland.

Paragraphs 85 and 86 recommended a change to the law around sexual and

reproductive health, rights and services. Specifically, paragraph 86(d) requires the
United Kingdom Government to “Make age-appropriate, comprehensive and
scientifically accurate education on sexual and reproductive health and rights a
compulsory curriculum component for adolescents, covering early pregnancy
prevention and access to abortion, and monitor its implementation”.

The Regulations amend the Education (Curriculum Minimum Content) Order

(Northern Ireland) 2007 (“the 2007 Order”) in respect of Learning for Life and Work
to ensure pupils at Key Stages 3 and 4 (this refers to pupils aged 11-16 in Years 8-
12) receive age-appropriate, comprehensive and scientifically accurate education on

2 The Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023
(legislation.gov.uk), regulation 2(3)
sexual and reproductive health and rights, covering prevention of early pregnancy
and access to abortion to reflect the Secretary of State’s legal duties. The
Regulations also place duties on the Department of Education. Specifically, they
provide that the Department must, by 1 January 2024, issue guidance on the content
and delivery of the education required, to be compliant with the CEDAW
recommendations. The guidance must be issued with a view to ensuring that pupils
receive education on sexual and reproductive health and rights, covering prevention
of early pregnancy and access to abortion; and that the education received by pupils
is age-appropriate, comprehensive and scientifically accurate. In exercising their
functions, the Board of Governors and principal of each school must have regard to
any guidance issued by the Department.
About you:

Please select the box that best describes you:

Pupil Member of the public

School Leader Parent / Carer
Education Body Teacher
School Governor Trade Union rep
Other
If Other, please specify:

Name: (optional)

Name of School (if applicable/optional):

The Department may make responses available in summary form on its website
www.education-ni.gov.uk, although contact names and addresses would be
removed.

Please note that under the Freedom of Information Act 2000 (Annex A) your
response may be made available, on request, to the public.

If you would prefer your response to remain confidential, please tick this box
Timescales and Submission of Responses

This booklet can be completed online until 24 November 2023. If you prefer, you can
email or post responses by that date to:

rseresponses@education-ni.gov.uk

or

Curriculum Team

Department of Education

Rathgael House

43 Balloo Road

Rathgill

BANGOR

BT19 7PR

Completing this Booklet

This consultation contains a number of Statements. You are asked to indicate if you
agree, disagree or neither agree nor disagree with the Statements. There are two
Sections and four Statements for you to consider. There is an opportunity at the end
of each Statement to provide additional comments.
SECTION A: CONSULTATION ON DEPARTMENT OF EDUCATION’S GUIDANCE
ON THE CHANGE TO LEGISLATION – CURRICULAR CONTENT AT KEY
STAGES 3 AND 4

In this section, we have provided background information to help inform your

response to Statement 1.

The Secretary of State for Northern Ireland has made Regulations which came into
force on 1 July and will apply from the 2023-24 school year onwards.

The Regulations amend the Education (Northern Ireland) Order 2006 by requiring
that “The curriculum for every grant-aided school shall, in relation to key
stages 3 and 4, include age-appropriate, comprehensive and scientifically
accurate education on sexual and reproductive health and rights, covering
prevention of early pregnancy and access to abortion”. Your school may
already be addressing these elements through your taught RSE programme;
however, there is no expectation that you would do so ahead of the Department
issuing guidance accompanied by support materials by 1 January 2024, required to
be provided by virtue of this legislative change.

The Regulations also amend the Education (Curriculum Minimum Content) Order
(Northern Ireland) 2007 by adding the requirement that pupils at Key Stages 3 and 4
should “Receive age-appropriate, comprehensive and scientifically accurate
education on sexual and reproductive health and rights covering prevention of
early pregnancy and access to abortion” as part of Learning for Life and Work.

Under Circular 2013/163, the Department requires all grant-aided schools to have an
RSE policy and taught RSE programme.

In keeping with the design principles of the Northern Ireland Curriculum, schools
have flexibility to decide on the content of their taught RSE programme and how to
deliver it. Typically, schools will deliver their RSE programme through stand-alone
Personal Development as part of Learning for Life and Work lessons, through other
lessons across the curriculum or through a combination of both. Some schools also
choose to use external providers to help support the delivery of aspects of their RSE
programme.

In post-primary schools, RSE forms a statutory component of Learning for Life and
Work. Specifically, it is covered in:

3 Circular 2013/16 - Relationships and sexuality education policy | Department of Education

(education-ni.gov.uk)
 • Personal Development and Home Economics Statements of requirement for
Key Stage 3; and
• Personal Development strand of Learning for Life and Work at Key Stage 4.

Issues relating to RSE may also be taught as part of other subjects including
Religious Education, Biology, History, Drama and English.

Trusting the professionalism of teachers, schools have autonomy in designing a

flexible curriculum that is tailored and responsive to the needs of their children and
young people, the local community and wider society, and the local and global
economy. It is a matter for teachers to decide how the curriculum should be
delivered, which resources to use, and which specific topics should be covered.

The Council for the Curriculum, Examinations and Assessment (CCEA) provides
curricular content and resources to support the teaching and learning of RSE
through the RSE Hub and an RSE Progression Framework for Years 1 to 14.

To support the change to legislation brought forward by the Secretary of State, the
Department has asked CCEA to develop teaching and learning resources for Key
Stages 3 and 4 that include age-appropriate, comprehensive and scientifically
accurate education on sexual and reproductive health and rights, covering
prevention of early pregnancy and access to abortion. CCEA has engaged with a
range of stakeholders who generally have expressed interest in or have a remit to
support schools and young people in relation to RSE. These include representatives
from external providers, churches, health trusts, interest groups, equality and human
rights organisations and children’s welfare and rights organisations.

Part 1 of Schedule 2 to the Education (Curriculum Minimum Content) Order

(Northern Ireland) 2007, sets out statutory requirements relating to the curriculum.
Specifically, it provides that the statutory curriculum is a balanced and broadly based
curriculum which:

• promotes the spiritual, emotional, moral, cultural, intellectual and physical

development of pupils at the school and thereby of society; and
• prepares such pupils for the opportunities, responsibilities and experiences of
life by equipping them with appropriate knowledge, understanding and skills.

It should, therefore, be noted that the change in the legislation made by the
Secretary of State does not prevent teachers and pupils being able to continue to
discuss and comment on moral and ethical issues which may arise in relation to the
content of teaching and learning resources developed by CCEA. Specifically,
teachers and pupils should be able to discuss and consider moral, ethical and
religious issues that arise during the Personal Development and Home Economics
elements of Learning for Life and Work or in other areas of the curriculum including
Religious Education, Drama, English, Biology and History.

The Statement below is seeking your views about how the legislation at Key Stages
3 and 4 affecting the curriculum, as outlined by the Secretary of State, should be
implemented in schools.

1. The content of teaching and learning resources for Learning for Life
and Work developed by CCEA should be factual and contain age-
appropriate, comprehensive and scientifically accurate education on
sexual and reproductive health and rights, covering prevention of early
pregnancy and access to abortion and these resources should not
advocate, or oppose, a particular view on the moral and ethical
considerations of abortion or contraception.

Agree Neither agree nor disagree Disagree

ADDITIONAL COMMENTS (OPTIONAL)

The space below is for you to add any additional comments should you wish to
provide more detail in respect of the Statement above.
SECTION B: CONSULTATION ON DEPARTMENT OF EDUCATION’S GUIDANCE
TO SUPPORT THE CHANGE TO LEGISLATION – PARENTAL OPT-OUT FROM
LESSON(S) ON SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS
COVERING PREVENTION OF EARLY PREGNANCY AND ACCESS TO
ABORTION

In this Section, we have provided background information to help inform your

responses to Statements 2-4.

The Secretary of State for Northern Ireland has made Regulations which came into
force on 1 July and will apply from the 2023-24 school year onwards. The
Regulations amend the Education (Northern Ireland) Order 2006 by adding “The
Department must by regulations make provision about the circumstances in
which, at the request of a parent, a pupil may be excused from receiving the
education required to be provided by virtue of Article 5(1A), or specified
elements of that education.”. This relates only to the change in legislation that
“The curriculum for every grant-aided school shall, in relation to key stages 3 and 4,
include age-appropriate, comprehensive and scientifically accurate education on
sexual and reproductive health and rights, covering prevention of early pregnancy
and access to abortion”. It does not apply to other areas of Relationships and
Sexuality Education whether taught as part of Learning for Life and Work or as part
of other subjects, including Religious Education, Drama, English, Biology and
History.

The Education (Curriculum Minimum Content) Order (Northern Ireland) 2007

provides statements of statutory minimum entitlement, which all pupils must legally
receive. In relation to RSE, it is the responsibility of the Board of Governors of each
school to ensure that a comprehensive and age-appropriate programme is taught
and that the standardised minimum content is covered. The curriculum is designed
to help our children and young people gain the knowledge, skills and attributes
needed for life in the 21st century. Topics should include, but are not limited to:

• Consent
• Violence against women and girls
• Domestic abuse
• Healthy and Respectful Sexual Relationships
• Marriage
• LQBTQ+ issues
• Abstinence
• Menstrual health and wellbeing
• Social Media and Online safety
Statements 2-4 below are seeking your views about how schools might support
parents/carers to request that their child be excused from the additional
requirements set out above. It is important that timely information is provided to
parents/carers to ensure they can make informed decisions and can be reassured
about what exactly is being taught. Not providing appropriate information may mean
that parents/carers and young people are misinformed about their school’s RSE
programme.

2. Parents/carers should be informed about the specific nature and

content of the age-appropriate, comprehensive and scientifically accurate
education on sexual and reproductive health and rights, covering
prevention of early pregnancy and access to abortion.

Agree Neither agree nor Disagree

disagree

ADDITIONAL COMMENTS (OPTIONAL)

The space below is for you to add any additional comments should you wish to
provide more detail in respect of the Statement above.

3. The United Nations Convention on the Rights of the Child4 includes at

Articles 1-3 and 12 the rights of the child to ‘express their views, feelings
and wishes in all matters affecting them, and to have their views
considered and taken seriously’ and at Article 5 ‘the rights and
responsibilities of parents and carers to provide guidance and
direction to their child as they grow up so that they fully enjoy their
rights. This must be done in a way that recognises the child’s
increasing capacity to make their own choices.’ The Department’s
guidance, when developed, should consider in such instances how
schools balance the rights of both children and parents/carers in
implementing the regulations.

Agree Neither agree nor Disagree

disagree

4 UNCRC_summary-1.pdf (unicef.org.uk) Articles 1-3 and 12

ADDITIONAL COMMENTS (OPTIONAL)

The space below is for you to add any additional comments should you wish to
provide more detail in respect of the Statement above.

4. Pupils and parents/carers should have access to an overview of their

school’s RSE policy and planned RSE programme.

Agree Neither agree nor Disagree

disagree

ADDITIONAL COMMENTS (OPTIONAL)

The space below is for you to add any additional comments should you wish to
provide more detail in respect of the Statement above.
ANNEX A – FREEDOM OF INFORMATION ACT 2000 – CONFIDENTIALITY OF
CONSULTATIONS
The Department will publish a summary of responses following completion of the
consultation process. Your response, and all other responses to the consultation,
may be disclosed on request. The Department can only refuse to disclose
information in exceptional circumstances. Before you submit your response, please
read the paragraphs below on the confidentiality of consultations and they will give
you guidance on the legal position about any information given by you in response to
this consultation.

The Freedom of Information Act 2000 gives the public a right of access to any
information held by a public authority, namely, the Department in this case. This right
of access to information includes information provided in response to a consultation.
The Department cannot automatically consider as confidential, information supplied
to it in response to a consultation. However, it does have the responsibility to decide
whether any information provided by you in response to this consultation, including
information about your identity, should be made public or be treated as confidential.

This means that information provided by you in response to the consultation is

unlikely to be treated as confidential, except in very particular circumstances. The
Lord Chancellor’s Code of Practice on the Freedom of Information Act provides that:

• the Department should only accept information from third parties in

confidence if it is necessary to obtain that information in connection with the
exercise of any of the Department’s functions and it would not otherwise be
provided;

• the Department should not agree to hold information received from third
parties “in confidence” which is not confidential in nature; and

• acceptance by the Department of confidentiality provisions must be for good

reasons, capable of being justified to the Information Commissioner.

For further information about confidentiality of responses please contact the

Information Commissioner’s Office (or see website at:
http://www.informationcommissioner.gov.uk/).