The 1996 Education Act

Sex education became compulsory in maintained secondary schools in England and Wales, as a result of Section 241 of the 1993 Education Act. In response to this legislation, the Department for Education issued guidance to schools on sex education (DfE 5/94). This explained how changes to the provision of sex education in the 1993 Education Act affected schools. In November 1996 various Education Acts including the Education Act 1993 were consolidated into a new act, the Education Act 1996.

Section 352–(1) of the Education Act 1996 requires governors of maintained secondary schools and special schools providing pupils with secondary education to provide sex education (including education about HIV/AIDS and other STIs) to all registered pupils

• Section 371–(3) requires governors of maintained primary schools to consider whether and what sex education the school will provide beyond the provisions in the National Curriculum and to make and keep up–to–date a written statement of their decision
• Section 405 grants parents the right to withdraw pupils in all maintained primary and secondary schools from all or part of sex education provided outside the National Curriculum
• Section 404 requires all maintained schools to make and keep up to date a written statement of their policy on sex education, and for this policy to be made available to parents free of charge. The existence and implementation of school sex education policies are monitored by OFSTED and OHMCI Wales as part of school inspection.

In addition Section 403 (1) requires that the LEA, governing body and head teacher 'shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupil at the school it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life'.

Section 351–(1) requires all maintained schools to offer a curriculum which:

• (a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society; and
• (b) prepares such pupils for the opportunities, responsibilities and experiences of adult life.

Circular 5/94 and WO 45/94

Circular 5/94, also contains advice from the Secretary of State for Education, on how certain aspects of the teaching of sex education should be handled. The guidance is advisory only. It does not constitute an authoritative legal interpretation. Teachers are not obliged to follow its advice unless instructed to do so by their head teacher. The Welsh Office issued an equivalent circular on sex education, WO 45/94.