Disability Rights UK (DR UK) has responded to the Department for Education's Relationships, Sex, Health Education (RSHE) Guidance consultation - opposing the "dangerous", "misguided" and "irresponsible" draft guidance. This consultation response was co-signed by Disabled People's Organisations (DPOs) Greater Manchester Coalition of Disabled People (GMCDP) and Regard.
The previous Conservative Government launched the RSHE consultation in May to "seek views on changes to the relationships, sex and health education statutory guidance." Some of the changes proposed in this draft guidance include limiting RSHE education, introducing restrictive age limits, and prohibiting teaching on gender identity.
Many campaigners have compared this draft guidance to Section 28, introduced in 1988 under Margaret Thatcher's Government - which prohibited the "promotion of homosexuality" by local authorities (including education settings). Only now, this guidance targets the rights and identity of the trans community.
Although this consultation was introduced by the last Government, our response comes after the new Minister for Health extended the previous Government's ban on puberty blockers, a gender-affirming and often lifesaving treatment for trans young people. The Prime Minister's previous comments that he is "not in favour" of "gender ideology" being taught in schools, also suggests that his Government are likely to go ahead with the Conservative's proposed RSHE guidance.
Disability Rights UK's response raises several intersectional points as research suggests that around half of trans people are also Disabled, and Disabled trans young people will face disproportionate barriers to accessing their education and getting the support they need.
The main concerns highlighted in DR UK's response include:
1. This guidance ignores Disabled children and young people’s voices and undermines their rights and autonomy.
Ignoring Disabled young people’s agency and voice violates articles 12 and 23 of the United Nations Convention on the Rights of the Child (UNCRC). The UK Government have a legal obligation to respect the views of children, and support Disabled children to live a full, decent, and independent life.
2. Limiting RSHE education is harmful to Disabled young people, and the proposed age limits are misguided.
The age limits proposed are misguided and don’t reflect what young people are already exposed to and may need support navigating. Age is not an accurate reflection of life stage and understanding. Limiting Disabled children’s access to education about their bodies and lives, and undermining their ability to consent, puts them at a substantial disadvantage as they move into adulthood - where they will disproportionately experience the need to advocate for themselves. No matter our age - respect for Disabled people’s bodily autonomy is consistently denied.
We must meet each young person where they are and approach this education on an individual and inclusive basis.
3. The proposed guidance is irresponsible and will put Disabled children at a higher risk of experiencing abuse.
Abuse is more likely to happen to children by someone they know – like a relative or family friend – and someone’s risk of experiencing abuse is not limited to those over the age of 11. Disabled children also face a higher risk of experiencing abuse - in school, by someone they know, or in a healthcare setting. All children must be taught how to talk about being made to do things they didn’t want to do. Or feel empowered to say no and talk to a trusted adult.
Treating Disabled children as vulnerable, undermining our voices and experiences, and stigmatising and restricting RSHE education enables abusers. It’s essential that we feel empowered to identify what abuse is and have avenues to get the support we need.
4. This guidance is transphobic and sets a dangerous precedent.
The transphobic justification for this guidance, including the recent gender questioning guidance, is unfounded and unlawful. The Equality Act 2010 protects us from discrimination and harassment – no matter our disability or gender identity. To suggest otherwise undermines our rights and the validity of all UK legislation.
RSHE education not only influences a young person’s development and feelings about themselves, but it also teaches us how to respect everyone else. Transphobic RSHE guidance teaches children that some people don’t deserve respect. This attitude is out of line with the law and will lead to an increased threat to trans pupils' safety.
If we allow the Government to deem one identity less worthy of rights and protection, everyone’s rights are devalued. LGBTQ+ inclusive RSHE education does not endanger children, transphobia does.
5. This guidance will negatively impact young people’s wellbeing and mental health.
Young people’s well-being is quickly deteriorating, while NHS services are crumbling.
Limiting RSHE education is at odds with what research shows is what young people want and need. These proposals won’t stop young people from being exposed to things deemed too mature for them, it will just leave them to navigate these topics alone with no accurate or empowering information and support.
You can read our full response attached below.
Lisa Hallgarten, Head of Policy and Public Affairs at Brook, said:
"We are grateful for DR UK for looking at the draft guidance through a disability and intersectional lens; bringing a vital perspective to the conversation which I hope will inform a new and more constructive review process."
Bethany Bale, DR UK Education Policy Officer, said:
"We submitted this response to highlight how support for Disabled children and young people in school is so much more than just EHCPs and reasonable adjustments. Every child must be given the information and guidance required to make empowered decisions regarding their body. The Disability Rights Movement has long campaigned for the right to Independent Living – and having access to non-judgemental, empowering, sex education and support plays a crucial role in everyone’s journey to living independently. To limit this learning is to limit a young person’s freedom and choice.
We stand in solidarity with the trans community during the ongoing erosion of their rights and targeting of their identities. This proposed guidance sits in a much wider context of normalised transphobia, and we are deeply concerned about Disabled and LGBTQ+ children's well-being and safety. The justification for this increasing exclusion and discrimination of trans individuals is unfounded and unlawful.
Restricting RSHE education doesn't limit what children are exposed to in life, it just removes the support they need to navigate new experiences and exposure to harmful online content. This proposal does not protect children - it will harm them, leading to increased mental distress and shame.
An RSHE education that protects children is one that trains teachers to have inclusive and open conversations, rather than guidance that limits education and fears accurate information. This guidance, and the draft Gender Questioning guidance, must be scrapped immediately."
If any young person reading this feels impacted by any of the above points, please reach out for support from any of the below organisations:
- Brook – for sexual health advice and information, and sexual health services.
- Stay Safe East – for Disabled survivors and Disabled people experiencing abuse.
- Childline – a helpline for anyone under 19 in the UK, to discuss "any issue they’re going through".
- The National Domestic Abuse Helpline - for women and children experiencing domestic abuse.
- The Outside Project – for Queer people experiencing homelessness.
- Spectra, Trans Health Advocacy Service – peer-run support for Trans people trying to access healthcare
- The Samaritans - emotional support for anyone in emotional distress. 24 hours a day, 365 days a year.
Do also remember this guidance is a draft, and should not be currently impacting your education experience.