Dear Friends and Supporters,
We would like to bring you up to date on the LKBKC agenda and where we have got to in the legal process. You may remember that we mounted our legal challenge in response to the changes that were made to the RSE curriculum, the inappropriate ‘teaching aids’ being offered to primary school children and the rescinding of the right of parents to withdraw their children from these lessons.
The Judicial Review process
Whilst the judge accepted that we had a valid legal case regarding a number of our arguments, he has refused to allow us to take it any further. This means, sadly, that young children will continue to be subjected to sexual propaganda and pornography from which their parents are unable to protect them.
We made an application under Civil Procedure Rules 52.30 which sought to have our case re-opened on the basis that the refusal to allow the case led to injustice. The same judge again refused this application.
The legal argument:
Having been blocked through the UK courts we now have to consider ways in which we might still achieve our goal of upholding parental rights and preventing the sexualisation of children. The decision against us was harsh, even brutal.
1. European Court of Human Rights – Our legal team have advised us that we can appeal to the ECHR in Strasbourg, given we have exhausted all domestic legal avenues. Such an application would be predicated on the existing international obligation to honour the UK’s commitment to Article 2 of the First Protocol which provides:
‘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 is in conformity with their own religious and philosophical convictions’.
The application to the ECHR would be to challenge the British Government, in so far as they are not protecting the human rights of parents and children in relation to RSE. The ECHR only take around 2% of cases they receive, so it is highly likely that the case would be dismissed without a hearing within a few months and furthermore A2 1P Rights for people of faith are not treated very seriously by the ECHR. Nevertheless, we intend to submit an application (by September 4th) in the hopes that we are granted a hearing.
2. Specific Case – We are looking for a specific case related to an individual or family. This is different to our previous case which was an overarching challenge to the statute, but we will still be able to use our previous witness statements. Should you know anyone who has such a specific case please put them in touch with us.
3. Private Law Action – Another legal option available to Charlie and the current claimants is private law action, but our legal team has advised against this strategy on the basis of excessive cost with no likelihood of this being successful at the moment. This could be reviewed at a later stage as the process is valid for six years following the original submission.
4. Court of Public Opinion – The only ‘court’ now open to us in this country is the ‘court of public opinion’. We know at least 34,000 people have signed our petition and believe that many more would if they were fully aware of the situation and the materials being promoted in schools. To that end, we will be pursuing as many social media/PR/broadcast routes that are available to us.
FUNDING – Needless to say we are seeking further financial support from all who have indicated their support. This will include the many who have signed our petition, those who have contacted us with personal stories of concern, those who have donated via our Crowdfunding pages, our partners and our loyal friends. We are immensely grateful for all that has been given so far and hope that this next ‘push’ will prove effective.
We continue to get people from all parts of the UK and from every faith background or none, sharing their concerns and their frustration with the new RSE curriculum which motivates us to keep going.
As we say in the team
“ON WE GO”!