Judicial Review

With effect from 1st September 2020 the Government has introduced, through Regulations and Statutory Guidance, compulsory Relationships Education (RE) for all primary school children, compulsory Relationships and Sex Education (RSE) for all secondary school children, and compulsory Health Education (HE) for all primary and secondary school children. 

We believe that the nature and scope of these Regulations and Guidance undermine parental rights to direct the upbringing of their children according to their religious and philosophical beliefs and to protect their children from content that they consider inappropriate for their children’s age and stage.

We believe that the Regulations and Statutory Guidance are an unlawful interference with important parental rights. Furthermore, we do not believe that Parliament actually wishes to push forward the sexualisation of young children and ignore their religious background. We believe that the DfE has acted contrary to Parliament’s will.

We are confident there are strong grounds for a Judicial Review of the DfE’s actions, and have instructed Paul Diamond, a leading human rights barrister, to proceed.

Case Updates:

  • We’ve been asked if there has been a recent victory over RSE in schools. In recent communications, the Government have been adamant that the recently published materials (including non statutory Guidance on implementation of RSE teaching) were in no way a “concession” and that the “guidance under challenge in the present claim remains in force”. That being the case, the Let Kids Be Kids Coalition challenge of that Statutory Guidance and the lack of Parental Right of Withdrawal, remains steadfast and in need of your support. (Updated 9/10/20)
  • We filed a Claim at the start of September, and the Governments response arrived 24th September.  A decision will now be made by a Judge regarding whether there is a case to be answered (the requirement for Judicial Review), and if so, a date for the hearing will be set.  On the same day, the Government also issued new Guidance. We believe it shows a significant shift in the Governments attitude, but this does not mean our work stops, not least because it does not address the Parental Right of Withdrawal, so we continue. (Updated 1/10/20)
  • We submitted a Letter Before Claim to the DfE on 10th July setting out our objections to the Regulations and the Statutory Guidance. A reply has now been received and we expect to proceed with a claim to the High Court for a Judicial Review. They replied that the RSE curriculum was lawful, even though LKBKC have already heard from concerned parents about inappropriate material being introduced into schools. This includes sexually explicit content and ideological beliefs about sex and gender, which has been upsetting for children and parents alike. We asked in the Letter Before Claim about the 1500 Early Adopter Schools that have already introduced RSE, such as those in Birmingham where the parents had to protest against what was being taught to their children. The DfE refused to supply any information because they told us they don’t hold any such information, which we found interesting.  The DfE have said they are ‘hugely grateful’ to the 1500 Early Adopter Schools who ‘already deliver much of the content set out in the statutory Guidance and do so very well’.  Again, we find it interesting that the DfE assert they don’t know what is being taught as part of the RSE curriculum, whilst highly sexualised teaching is being given to children in schools which they are thanking. (Updated 1/8/2020)
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