Sex education can be taught anywhere in the curriculum: in science; as a separately timetabled subject; within tutor groups; across the curriculum or ideally through a combination of the above approaches. Where there have been requests for the withdrawal of pupils from all or part of the sex education programme, schools should ensure that those aspects of sex education other than the requirements of the National Curriculum, are structured in the curriculum in such a way as to enable a pupil to be withdrawn. The right of withdrawal does not affect spontaneous discussion or the honest answering of questions that arise naturally in other curriculum areas. The DfE guidance notes state: 'Provided that such discussion is relatively limited and set within the context of the other subject concerned, it will not necessarily constitute part of a programme of sex education' (para 30 Circular 5/94).

Parental withdrawal

Pupils can be withdrawn by their parents from all or part of sex education that does not form part of the statutory National Curriculum. HIV, AIDS, sexually transmitted infections and non–biological aspects of sexual behaviour were removed from the National Curriculum and now form part of compulsory 'sex education'. Defining the division between biological and non–biological aspects of sexual behaviour is left to the discretion of teachers. Teachers also have to consider where aspects of parenting, relationships and the ethical and moral dimensions of sex education will be placed within the curriculum. Parents are not able to withdraw pupils from sex education which continues to form part of National Curriculum (Science), nor from sex education comprised within other National Curriculum subjects, such as geography.

If a parent has withdrawn a pupil from sex education a teacher cannot give advice to that pupil on sexual matters without parental consent. However, a teacher who suggested that the child seek confidential information from, for example, their GP or Brook Advisory Centre, or any other medical or advisory service, would not be providing sex education, but merely giving information as to where advice, counselling (and treatment) could lawfully be obtained.

What should schools do if a request for withdrawal is made by a parent?

Schools should first discuss with the parents or carers the nature of their concerns and see whether they can be reassured. The DfE guidance notes that parents do not have to give reasons for withdrawal, but that schools may invite parents voluntarily to indicate their reasons for withdrawal, so that any misunderstandings about the nature of sex education provided by the school, can be resolved (para 37 Circular 5/94).

Where aspects of sex education arise naturally in other subject lessons within which there is a child or children who have been withdrawn from sex education teachers will need to balance the need to give proper attention to relevant issues with the need to respect pupils' and parents' views and sensitivities (para 30 Circular 5/94).

The right of withdrawal extends to all pupils attending maintained schools including those over compulsory school age. It does not apply to sixth form colleges or colleges of further education.

Once a request that a child be excused has been made, that request must be complied with until the parent changes or revokes it (para 36 Circular 5/94).