Independent Charedi Jewish schools wishing to avoid their
duty to teach LGBT equality have been advised to consider ‘civil
disobedience’ in order to challenge new guidance on how the issue
should be taught.
Humanists UK – which has long campaigned for fully
LGBT-inclusive education, including Relationships and Sex
Education (RSE), and in February 2019 organised an open letter, signed by
over 50 prominent religious leaders, urging the Government not to
row back on their commitment to LGBT inclusive education in the
independent sector – has expressed alarm at the recommendation
made in a letter to a Charedi father, Shraga Stern, by his legal
advisors. Humanists UK has seen the letter, which also concludes
that any attempt by the community to take a legal case on the
matter has a ‘low chance of succeeding’.
Earlier this year, Stern wrote to the Department of
Education claiming that rules about teaching respect for
LGBT people in independent schools like the one his own children
attend violate his human rights. Nevertheless, in the latest
advice to Stern, it is argued that a legal challenge
against new guidance on
the Independent School Standards – which states that the
‘curriculum must be designed to encourage respect for other
people,’ and pay ‘particular regard to the protected
characteristics set out in the Equality Act 2010’ which include
sexual orientation and gender reassignment – would be unlikely to
succeed.
For this reason, the letter suggests that Charedi schools
take a ‘united approach to Ofsted and the DfE’ that involves
drafting a policy statement to the effect that, in primary
schools, the teaching of LGBT issues is ‘not age-appropriate for
pupils in the school and not appropriate in light of the
religious background of the pupils in the school.’ At secondary
level, a similar statement is suggested, but here it refers only
to ‘specified issues in the guidance, including LGBT issues being
inappropriate ‘in light of the religious background of
pupils’.
The letter goes on to acknowledge that the course of action
being recommended ‘[suggests] a level of “civil disobedience”’
but says the statement should be designed to persuade Ofsted and
the DfE that, despite appearances to the contrary, the school is
actually compliant with the guidance. This is to be done first by
stating that the school considers that its curriculum is
compliant with the provisions of the Equality Act, and second by
referring to a new Government enforcement policy which states
that enforcement action is unlikely if schools only fail to meet
one or two of the Independent School Standards – although here it
is worth noting that the DfE has said that this will depend on
the ‘severity of the breaches’ which will include ‘the extent to
which the failings put children’s safety at risk’.
Humanists UK Chief Executive Andrew Copson
commented: ‘All children have the right to a broad
and honest education, which includes inclusion and respect for
LGBT people. It is outrageous that religious schools seeking to
avoid their duty to provide this are considering “civil
disobedience” to deny children this right.’
Referring specifically to the advice Mr Copson
continued: ‘Schools cannot pretend to be compliant
with the Equality Act while simultaneously arguing they should
have special dispensation from enforcement of the very same
legislation. Ofsted and the DfE should take strong action against
any school attempting to use this Alice in Wonderland logic to
defend homophobia and deny children the education they need to
flourish in modern British society.’
NOTES:
For further comment or information, please contact
Humanists UK press manager Casey-Ann Seaniger at casey@humanism.org.uk or
phone 020 7324 3078 or 07393 344293.
To read our most recent article on LGBT acceptance in the
guidance on the Independent School Standards visit: https://humanism.org.uk/2019/05/01/government-dilutes-guidance-on-teaching-respect-for-lgbt-people-in-independent-schools/
To read our open letter on LGBT inclusion,
visit: https://humanism.org.uk/2019/02/11/educationists-and-religion-and-belief-leaders-warn-of-increased-bullying-if-lgbt-guidance-is-diluted/
For more information on our work on relationships and sex
education, visit https://humanism.org.uk/campaigns/schools-and-education/school-curriculum/pshe-and-sex-and-relationships-education
Humanists UK is the national charity working on behalf of
non-religious people. Powered by over 85,000 members and
supporters, we advance free thinking and promote humanism to
create a tolerant society where rational thinking and kindness
prevail. We provide ceremonies, pastoral care, education, and
support services benefitting over a million people every year and
our campaigns advance humanist thinking on ethical issues, human
rights, and equal treatment for all.
