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Education

Sex Education campaigners fail in legal challenge to Welsh Government

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THIS WEEK (Dec 22), the High Court rejected an application to allow parents to withdraw children from the Welsh Government’s Relationships and Sexuality Education (RSE) curriculum.

The Court considered five claimants’ assertions that the RSE code overrode parents’ right to withdraw children from lessons that include RSE elements. The parents appeared under the campaign group Public Child Protection (Wales).

Each claim failed on each of the four grounds argued before the Court.

Reaching her decision, Mrs Justice Steyn said: “Teaching should be neutral from a religious perspective, but it is not required to be value-neutral.”

She ruled there was no common law right for parents to withdraw children from lessons, as the right to withdraw existed only under the previous statute the Welsh Curriculum replaced.

Campaigners claim they wish to preserve parents’ roles in educating their children about relationships and sexuality. However, the real issue for the campaigners is LGBTQ+ education, the only element of RSE referenced in the headline of a press release issued by PCP after the ruling. The headline repeats an untrue claim about the age at which such education would begin.

Groups with other agendas have latched onto the controversy and published bizarre, obscene, and exaggerated claims about what RSE teaching will contain.

Examining what the Welsh Curriculum’s RSE guidance contains shows those claims are baseless.
Despite malicious and publicity-seeking interventions regarding RSE, some parents undoubtedly feel their sensitivities have been marginalised and disregarded in pursuit of social and political agendas to which they take exception.

Moreover, the case highlighted the Welsh Government’s ability to listen only to views it finds congenial.

Paul Diamond, the standing counsel for the Christian Legal Centre, represented the campaigners.

The Christian Legal Centre’s intervention in high-profile cases involving religion and parental rights has attracted heavy criticism from some judges and lawyers for allegedly preying on vulnerable parents and “casting a fog over the facts and drilling into our deepest and most primal fears” while “pushing their own agendas”.

The misinformation around the Curriculum came in for direct criticism by Council for the Welsh Government, Jonathan Moffett KC.

Taking aim at how campaigners have framed their arguments, Mr Moffett said: “Hyperbolic rhetoric, which has been a feature of the claimants’ case throughout, is unhelpful.”

Mr Moffett said the claimants had failed to identify “what allegedly unlawful teaching” the new Curriculum would adopt and instead “resort to broad assertions”. He continued: “The claimants have not pointed to any passages in the code or the guidance that authorise or positively approve teaching that advocates or promotes any particular identity or sexual lifestyle over another, or that encourage children to self-identify in a particular way.”

Jeremy Miles, Wales’s Minister for Education, said: “I welcome the Court’s decision which found in favour of the Welsh Ministers on all grounds.
“We have been clear that RSE is intended to keep children safe and to promote respect and healthy relationships. Now more than ever, our children need our help in protecting them from harmful content and people online.
“RSE should provide young people with confidence to say no to bullies, to call out harassment, and to understand that families come in all shapes and sizes. Parents can expect the teaching their children receive to be appropriate for their children’s age and maturity: this is a legal requirement.”
Vivienne Laing, from NSPCC Cymru/Wales, said: “We welcome the decision made in the judicial review so that the rollout of mandatory teaching of Relationships and Sexuality Education in Welsh schools can continue.”

Kimberley Isherwood of PCP Wales: Says she will fight on (Image: FIle)

Undaunted by the scale of the campaigners’ defeat, a spokesperson for PCP (Wales), Kim Isherwood, claimed: “The evidence we provided to the Court referenced and highlighted concerning levels of betrayal, deceit and false claims made by the Welsh Government, but it appears as though the Judge agrees with them – not only do we parents not have rights, but they were never there, to begin with.

“The team is preparing the appeal; the higher the Court, the louder the message.

“This is not a loss – this is another level of exposure.”

For the Full response from the Welsh Government: CLICK HERE

The Jeremy Vine show explains why parents in Wales were taking legal action against the Welsh Government:

A video explaining why many were opposed to compulsory RSE lessons in Wales made by The Christian Institute:

Education

Disabled children ‘denied rights to education’

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DISABLED children and young people in Wales are being fundamentally let down and denied their right to education, Senedd Members warned.

Buffy Williams, who chairs the children’s committee, led a debate after an inquiry found many disabled children do not have equal access to education and childcare.

The Labour politician raised concerns about the Welsh Government rejecting six of the 32 recommendations emerging from the committee’s 239-page report.

She welcomed recognition that more must be done to uphold children’s rights to education.

But, addressing Welsh ministers, Ms Williams warned: “We do not feel that your response commits to a step change in the pace and scale of the action required to do so.

“Our committee, like the online advisory group, worries that maybe you are not giving these issues the priority they deserve.”

She told the Senedd that families’ distressing experiences left an imprint, with the committee hearing some children are thinking about and attempting suicide due to a lack of support.

Ms Williams said parents, carers and young people on the advisory group believe ministers’ formal response to the report fails to recognise the seriousness of the issues families face.

She warned the Welsh Government appears to have “resigned” itself to a substantial shortfall in inclusive childcare for disabled and neurodivergent children.

Criticising ministers’ decision to rebuff calls for mandatory training on disability for all school staff, she stressed the importance of understanding and meeting children’s needs.

Ms Williams, who represents Rhondda, said the Welsh Government’s response appears to delegate responsibility for equity in childcare and education to councils.

She asked: “What more will it take for the Welsh Government to step in, to give local authorities the support they so clearly need?”

Gareth Davies said support for disabled children is patchy across Wales, with schools lacking funding, staff and expertise to deliver inclusive education.

Mr Davies, the Conservatives’ shadow mental health minister, warned that disabled children disproportionately experience bullying in school as he called for greater safeguards.

Plaid Cymru’s Heledd Fychan described the committee’s inquiry as heartbreaking, with failings having a devastating impact on families.

She told the debating chamber or Siambr that children as young as five or six have been traumatised and failed by the education system.

Carolyn Thomas, a Labour backbencher who chairs the petitions committee, stated the Senedd has received five petitions on Wales’ additional learning needs (ALN) reforms.

“The sheer number of petitions and signatures highlights the strength of feeling,” she said.

South Wales East Laura Anne Jones warned ALN support is one of the most pressing issues facing families, with lower-level needs “falling under the radar”.

She said it is disgraceful that so many teachers and assistants still lack basic neurodiversity training, which leads to disabled children’s behaviour being wrongly labelled disruptive.

Calling for urgent action, the Conservative criticised ministers for failing to accept “crucial” recommendations, saying: “Inclusive education is not a luxury, it is a right.”

Hefin David, whose daughter is autistic, sought to place the debate in historical context as he drew on his own family’s experiences.

He said: “In the 1970s and ’80s, my daughter would have been in an institution for most of her early life, she would have spent the whole time there.”

The Caerphilly Senedd Member recognised that progress is sometimes not fast enough but he emphasised that young people are being treated better today than ever before.

Dr David, who is stepping down from the children’s committee, said: “To take too much of a downbeat note on these things is to devalue the experience of those who suffered.”

The Labour politician described the 32 recommendations as “too many”, warning this is problematic in terms of setting people up to fail with resources spread so thin.

Responding to the debate on November 12, Lynne Neagle apologised to families for their experiences which she said made for distressing and sobering reading.

Wales’ education secretary said: “I am truly sorry … and I say on behalf of the [Welsh] Government that it is not good enough.”

Ms Neagle, whose first job after university was working with parents of disabled children, recognised that families too often feel the need to fight for support.

“It affected me deeply,” she told the Senedd. “And I want to acknowledge that not enough has changed for enough families – we can and we must do better.”

She said: “Rights on their own are not enough, they must be translated into action…. I know too many children and families have been waiting too long for their rights to become action.

“Like them, I am impatient for change. As a government, we will not stop until we get it right for all children and young people in Wales.”

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Business

Kurtz addresses Employment and Skills Convention

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SENEDD Member Samuel Kurtz kicked off an Employment and Skills Convention at the Cardiff City Stadium recently, organised by the Learning and Skills Institute. The event sought to unite organisations, businesses, and training providers to discuss critical issues surrounding employment and skills development across Wales.

The convention featured a panel of distinguished speakers, including local Samuel Kurtz MS, who is the Shadow Minister for the Economy and Energy; Rhys Morris, Managing Director of The Busy Group; and Megan Hooper, Director for Employment and Skills at Serco. Together, they explored strategies for increasing employment and the positive impacts this can have on individuals, young people, and the broader community.

Following the event, Samuel Kurtz said: “It was a privilege to speak at this convention and to underscore the vital role of collaboration between government and the private sector in aligning skills and training with the evolving needs of our economy.

“By enhancing skills and creating jobs, we can foster a resilient workforce that will not only meet today’s demands but also drive essential green infrastructure projects, ensuring a prosperous future for young people in Wales.

“Welsh Government Ministers must acknowledge their role in addressing high levels of economic inactivity. Introducing employment targets is essential to support people in re-entering the workforce and contributing to Wales’ economic growth.”

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Education

Concern over ‘highest-ever’ school bullying rates

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RATES of bullying in Welsh schools have reached record levels, with more than one in three children and young people reporting being bullied, the Senedd heard.

Gareth Davies raised concerns about a 6% increase in bullying between 2021 and 2023, according to a survey of more than 130,000 pupils in 200 secondary schools.

The Conservatives’ shadow mental health minister told the Senedd: “These results are higher than ever previously reported in the survey, which is deeply troubling.”

He said the latest survey showed regression on “just about every metric of pupil wellbeing”, including growing social isolation and a rise in behavioural issues.

Mr Davies, who worked in the NHS in north Wales for more than a decade, pointed to a 2021 legal duty to have regard to the mental health of children and young people.

He said: “The mental health of pupils has declined and reports of bullying in schools have only increased, so the Welsh Government have failed in that duty, unfortunately.”

Plaid Cymru’s Cefin Campbell called for an update to 2019 anti-bullying guidance for school governing bodies following a commitment from the Welsh Government eight months ago.

The shadow education secretary focused on the impact of poverty, warning the high cost of school uniforms can cause stress and lead to bullying.

Mr Campbell, a former lecturer, expressed concerns about penalties, such as detention, for pupils over non-compliance with uniform policies.

Raising a report on “horrific” experiences of racism in Welsh schools, he said one pupil was told a classmate did not want to sit next to them due to the colour of their skin.

“That’s entirely unacceptable in our schools,” said Mr Campbell.

Labour’s Carolyn Thomas warned children’s mental health is at an all-time low, pointing to smartphones and social media as major contributing factors.

She said: “They can be used to bully, manipulate and control, sending young people into an isolated world of despair, not thinking they can get out of it or go to somebody for help.”

The North Wales politician highlighted a petition calling for a ban on phones in schools.

Rhys ab Owen, an independent who represents South Wales Central, stressed that bullying can impact people for decades to come after school.

“But it’s an issue that doesn’t affect learners equally,” he said. “In Cardiff, around a third of learners come from ethnically diverse backgrounds.

“And I was staggered to read a survey from 2020, which said that 61.5% of learners had expressed stereotypes over skin colour, religion and nationality.”

In a statement on November 12 to mark anti-bullying week, Lynne Neagle accepted that bullying continues to be an issue in Welsh schools.

Pledging to prioritise the problem, Wales’ education secretary said new statutory anti-bullying guidance will be published for consultation after Christmas.

Ms Neagle pointed to concerning trends, including 42% of girls scoring high or very high in a questionnaire on psychological problems compared with 27% of boys.

She told the Senedd: “I wouldn’t want to be a teenager growing up today.”

Ms Neagle stated the Welsh Government provided more than £800,000 this year for one of the biggest surveys of children and young people in the UK.

She said: “The link between bullying and mental health is well known. At its most extreme, young people have taken their own lives as a result of being bullied. This is a tragedy for the young life lost, for their family and friends and for whole communities.”

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