6

In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)), every local authority in England must have regard to relevant guidance issued by the Secretary of State under section 80A of this Act or section 403(1A) of the Education Act 1996.

80AGuidance about relationships, sex and health education

1

The Secretary of State must give guidance about the provision of education under section 80(1)(c), (d) and (e).

2

In relation to education provided under section 80(1)(c) and (d), the guidance must be given with a view to ensuring that—

a

the pupils learn about—

i

the nature of marriage and civil partnership and their importance for family life and the bringing up of children,

ii

safety in forming and maintaining relationships,

iii

the characteristics of healthy relationships, and

iv

how relationships may affect physical and mental health and wellbeing, and

b

the education is appropriate having regard to the age and the religious background of the pupils.

3

The governing body of a maintained school must have regard to guidance under this section.

4

The Secretary of State must review guidance under this section from time to time.

5

In this section “maintained school” includes a community or foundation special school established in a hospital.

80BRelationships education and relationships and sex education: statements of policy

1

The governing body of a maintained school must—

a

make, and keep up to date, a separate written statement of their policy with regard to the provision of education under each of paragraphs (1)(c) and (d) of section 80, and

b

publish a copy of the statement on a website and provide a copy free of charge to anyone who asks for one.

2

A statement under subsection (1) must include a statement of the effect of section 405(3) of the Education Act 1996 (exemption from sex education: England).

3

The governing body must consult parents of registered pupils at the school before making or revising a statement under subsection (1).

4

In this section “maintained school” includes a community or foundation special school established in a hospital.

2A

1

The standard in this paragraph is met if the proprietor—

a

ensures that every registered pupil who is provided with primary education at the school is provided with relationships education,

b

ensures that every registered pupil who is provided with secondary education at the school is provided with relationships and sex education, except in so far as the pupil is excused as mentioned in sub-paragraph (2),

c

in a case where the school is an Academy, ensures that every registered pupil is provided with health education,

d

in making arrangements for the purposes of paragraphs (a), (b) or (c), has regard to any guidance under section 80A of the Education Act 2002 that applies in relation to the provision of education by maintained schools,

e

makes and keeps up to date a separate written statement of its policy with regard to the provision of education as required by each of paragraphs (a) and (b),

f

consults parents of registered pupils at the school before making or revising a statement under sub-paragraph (e), and

g

publishes a copy of the statement on a website and provides a copy of the statement free of charge to anyone who asks for one.

2

Arrangements made by the proprietor for the purposes of sub-paragraph (1)(b) must ensure that where a pupil’s parent requests that the pupil is wholly or partly excused from sex education provided as part of relationships and sex education, the pupil is so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

3

Sub-paragraph (1)(a) and (c) do not apply to a pupil who is under compulsory school age.