What is…

PSHE?

PSHE stands for Personal, Social, Health and Economic Education. The acronym PSHCE is also sometimes used, where the ‘C’ stands for Citizenship.

As a subject, PSHE aims to provide children with the knowledge and skills to keep themselves happy, healthy and safe, as well as to prepare them for life and work. PSHE aims to give children the knowledge, skills and understanding they need to lead confident, healthy and independent lives.

Navigating our complex world can be challenging, and parents and teachers play an essential role in preparing children for the future. As such, PSHE aims to equip pupils to:

1. Take individual responsibility for their physical and mental wellbeing;
2. understand the risks of drugs and alcohol and how to stay safe online;
3. develop resilience, independence and responsibility;
4. develop the personal and social skills required to succeed in commerce and industry;
5. identify misleading information and be critical of misleading news or views they might encounter.

Since September 2020, it is a statutory requirement for primary schools to provide the Relationships Education and Health Education aspects of PSHE education, and for secondary schools to provide Relationships, Sex and Health Education. This content makes up the majority of PSHE education, though schools are also encouraged to cover non-statutory content relating to economic wellbeing and careers. In primary education, citizenship is a non-statutory subject.

RSE?

RSE stands for Relationships and Sex Education. Some schools and organisations use the acronym RSE (Relationships and Sex Education), others use RHE (Relationships and Health Education), while others opt for RSHE (Relationships, Sex and Health Education). These are all different names for the same curriculum in the UK.

RSE as a subject teaches children about the different physical, social and emotional aspects of growing up, relationships and sexuality. It aims to provide pupils with the skills and knowledge they need to have safe, fulfilling relationships, take responsibility for their sexual health, and feel secure and happy in their sexuality. It also helps them to develop resilience, independence and self-esteem.

RSE helps to prepare children for changes like puberty and the transition into adult life. In schools, it can serve to provide a secure environment where pupils can feel comfortable asking questions they might not want to ask elsewhere. Through RSE, children can learn to better understand their needs, respect the needs of others, and improve their overall confidence.

Safeguarding and the Law

Schools do not have parental responsibility and are not medical professionals; they should not be making autonomous decisions about the treatment of a child experiencing any kind of distress.  To do so would contravene

1. the Children Act 1989 (applicable in England and Wales),
2. the Education Act 1996 (applicable in England and Wales)
3. the statutory guidance designed to keep children safe: Working Together to Safeguard Children 2018 (applicable in England). 

Schools should work with parents before any decisions are made around social transitioning, in line with the school’s safeguarding policy and the statutory guidance.

Section 1 (2A) of the Children Act 1989 states that a court must “presume, unless the contrary is shown, that involvement of that parent in the life of the child concerned will further the child’s welfare”.

Section 3.1 specifies that “parental responsibility” means all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property.”

It is clear that schools are not able to assume parental responsibility for a child without recourse to the courts.

The statutory guidance Working Together to Safeguard Children 2018 states:

“Anyone working with children should see and speak to the child: listen to what they say; take their views seriously; and work with them and their families collaboratively when deciding how to support their needs.”

Working Together to Safeguard Children 2018

Furthermore, it specifically advises:

• All practitioners should follow the principles of the Children Acts 1989 and 2004 – that state that the welfare of children is paramount and that they are best looked after within their families, with their parents playing a full part in their lives, unless compulsory intervention in family life is necessary.
• Everyone who works with children has a responsibility for keeping them safe. No single practitioner can have a full picture of a child’s needs and circumstances and, if children and families are to receive the right help at the right time, everyone who comes into contact with them has a role to play in identifying concerns, sharing information and taking prompt action.
• Practitioners should be proactive in sharing information as early as possible to help identify, assess and respond to risks or concerns about the safety and welfare of children…
• The Data Protection Act 2018 and General Data Protection Regulations (GDPR) do not prevent the sharing of information for the purposes of keeping children safe. Fears about sharing information must not be allowed to stand in the way of the need to promote the welfare and protect the safety of children.

Working Together to Safeguard Children 2018

By following a policy of affirmation without parental knowledge or consent, schools are opening themselves up to potential legal action for not abiding by statutory guidance and being in breach of the Education Act 1996.

The Education Act 1996, section 9 states that local authorities are under a statutory duty to have regard to the general principle that pupils are to be educated ‘in accordance with the wishes of their parents’.

The Education Act 1996, section 407 requires local authorities and schools to take steps “to secure that where political issues are brought to the attention of pupils…they are offered a balanced presentation of opposing views”

PSED?

On 5 April 2011, the public sector equality duty (the equality duty) came into force. The equality duty was created under the Equality Act 2010.

Prior to the introduction of the race equality duty, the emphasis of equality legislation was on rectifying cases of discrimination and harassment after they occurred, not preventing them happening in the first place. The race equality duty was designed to shift the onus from individuals to organisations, placing for the first time an obligation on public authorities to positively promote equality, not merely to avoid discrimination.

The equality duty was developed in order to harmonise the equality duties and to extend it across the protected characteristics. It consists of a general equality duty, supported by specific duties which are imposed by secondary legislation.  In summary, those subject to the equality duty must, in the exercise of their functions, have due regard to the need to:

1. Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
2. Advance equality of opportunity between people who share a protected characteristic and those who do not.
3. Foster good relations between people who share a protected characteristic and those who do not.

These are sometimes referred to as the three aims or arms of the general equality duty. The Act explains that having due regard for advancing equality involves:

1. Removing or minimising disadvantages suffered by people due to their protected characteristics.
2. Taking steps to meet the needs of people from protected groups where these are different from the needs of other people.
3. Encouraging people from protected groups to participate in public life or in other activities where their participation is disproportionately low.

The Act states that meeting different needs involves taking steps to take account of disabled people’s disabilities. It describes fostering good relations as tackling prejudice and promoting understanding between people from different groups. It states that compliance with the duty may involve treating some people more favourably than others.

The equality duty covers the nine protected characteristics: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation.  Public authorities also need to have due regard to the need to eliminate unlawful discrimination against someone because of their marriage or civil partnership status. This means that the first aim of the duty applies to this characteristic but that the other aims (advancing equality and fostering good relations) do not apply.

The Equality and Human Rights Commission (EHRC) has updated its Technical Guidance for Schools, aligning it with the Equality Act 2010. The new guidance removes confusing language and provides a clear description of the protected characteristic Gender Reassignment. Transgender activists have caused confusion by misrepresenting the application of protected characteristics to children. It is important to separate ideology from the law and understand that the Equality Act does not impose ideological rules. Concepts like gender identity, gender affirmation, and preferred pronouns are not part of the Equality Act.

Safeguarding children should always take precedence, and protected characteristics should not be applied to children as if they were adults.