Delivery of relationships, sexual health and parenthood education in Scottish schools: draft guidance
Draft revised statutory teaching guidance for relationships, sexual health and parenthood (RSHP) education currently subject to public consultation until 23 November 2023.
3. Embedding RSHP Education
3.1. RSHP education has a central role in promoting the ethos of a school by helping bring pupils together and creating a sense of community. A whole school approach enables children and young people to build resilience and positive relationships as they grow older and should be presented in an objective, balanced and sensitive manner within a framework of sound values and an awareness of the law, including that on sexual behaviour. A whole school approach should also develop a positive ethos and culture – where everyone feels they belong. It involves partnership working with families and making sure the whole school community is welcoming, inclusive and respectful[14]. The Health and wellbeing: responsibility of all[15] resource places an emphasis on the relationships aspects of RSHP education in supporting a whole school approach.
3.2. When delivering learning and teaching in RSHP education in general, and around the areas mentioned specifically below, it is good practice to ensure there are sufficient supports in place should a child or young person make a disclosure during learning. This includes consideration of relevant child protection procedures or referral to pastoral care staff.
Consent and Healthy Relationships
3.3. The existence of close, healthy, positive relationships in children and young people’s lives can give them a purpose and sense of belonging. Best practice in learning and teaching should include discussion of digital relationships and digital consent when defining healthy relationships.
3.4. Some of the key benefits of teaching children and young people about healthy relationships, including consent, include the positive impact this can have on reducing instances of sexual harassment and gender based violence, fostering respect and tolerance, as well as helping instil an understanding of the impact any negative behaviours can have on others. Older children and young people benefit from regular and relevant discussions of laws, particularly in relation to unwanted sexual behaviours such as the increasing prevalence of sharing of intimate images, as well as the importance of consent.
3.5. The age of consent in Scotland is 16, as set out in the Sexual Offences (Scotland) Act 2009. The National Guidance for Child Protection in Scotland[16] describes some of the responsibilities and expectations of everyone who works with children, young people and their families in Scotland, and reflects current practice developments. The National Guidance on Under‑age Sexual Activity[17] provides protocols that can be developed to ensure early identification and support, and help ensure that in cases where there may not be a child protection issue, needs are still met appropriately. Whilst not all cases where young people are sexually active raise child protection concerns, the National Guidance suggests child protection concerns arise when the impact of under-age sexual activity could cause significant harm. Assessing risk and agreeing actions to ensure a child or young person’s safety and wellbeing is a matter for professional judgement, supported by national and local guidance.
3.6. It is crucial for children and young people to be advised, in advance of them potentially disclosing information they want kept confidential, how their personal information may be shared with the support networks they have contact with and what the limits to that sharing might be. It is essential to have a worked-through confidentiality policy which addresses this issue. Children and young people have the same right to confidentiality as adults, namely personal and private information disclosed during RSHP education should not be shared without consent. It should be ensured that children and young people are informed from the outset that confidentiality is not absolute, and that every reasonable attempt will be made to discuss with them beforehand if information needs to be shared. Prior to disclosing information, attempts should be made to gain consent to passing on information. However, in individual cases it may not always be appropriate to seek consent where there is justification to share without it – for example, if not disclosing information might result in harm coming to the individual in question or compromise a subsequent police investigation.
3.7. Further guidance on consent and healthy relationships can be found in the document Key Messages for Young People on Healthy Relationships and Consent[18].
Consent and Healthy Relationships: Whole School Guidance
- By providing safe spaces[19] to foster honest and open discussions about healthy relationships, schools can help facilitate sensitive discussions on topics that can sometimes impact healthy relationships, such as gender based violence, sexual harassment or LGBT relationships in the context of equality of status and rights. This will enable children and young people to explore their thoughts and behaviours in a manner that will provide them with a factual response to any concerns they may have. Doing this in a class based exercise provides an opportunity for children and young people to learn together, maximising inclusivity.
- It is widely accepted in Scottish culture that individuals should be treated equally but in order to keep children and young people equally safe, it is important to recognise this does not always mean treating them the same. Some attitudes and behaviours children and young people experience put them at greater risk of abusive relationships, sexual harassment and violence than other children. These inequalities may arise from, but are not limited to, a child’s gender, gender identity, disability, ethnicity, faith or sexual orientation. Some children may experience inequality on account of more than one of these characteristics, giving them unique experiences and vulnerabilities to abusive relationships, sexual harassment and violence. Being aware of this and putting measures in place to ensure vulnerable children and young people are safe (including an awareness of consent), is a necessary component of facilitating safe and healthy relationships for children and young people.
- Research suggests children and young people with additional support needs are at greater risk of being sexually exploited. Teachers who work with pupils with additional support needs should ensure the concept of consent is a core part of their learning to ensure they are made aware of their rights.
Consent and Healthy Relationships: Whole School Resources and Signposts
CELCIS Various Resources on tackling Child Sexual Exploitation
https://www.celcis.org/knowledge-bank/spotlight/child-sexual-exploitation/
Education Scotland: Safeguarding – Child Sexual Exploitation learning resource
https://education.gov.scot/improvement/learning-resources/safeguarding-child-sexual-exploitation/
Education Scotland: Female Genital Mutilation (FGM) learning resource
https://education.gov.scot/improvement/learning-resources/female-genital-mutilation-fgm/
Education Scotland: Safeguarding – Identify, understand and respond appropriately to sexual behaviours in young people learning resource
Key messages for Healthy relationships and consent
https://www.gov.scot/news/healthy-relationships-and-consent/
National Guidance on Under Age Sexual Activity
NSPCC Guidance on Protecting children from sexual exploitation
https://learning.nspcc.org.uk/child-abuse-and-neglect/child-sexual-exploitation/
Scottish Government: Child Sexual Exploitation: a guide for health practitioners
https://www.gov.scot/publications/child-sexual-exploitation-guide-health-practitioners/pages/10/
Scottish Government Child Sexual Exploitation: definition and practitioner briefing paper
https://www.gov.scot/publications/child-sexual-exploitation-definition-practitioner-briefing-paper/
Stop It Now
https://www.stopitnow.org.uk/scotland.htm
The "Reducing the Impact of Sexual Exploitation" (RISE) Project: An Implementation evaluation
https://dspace.stir.ac.uk/handle/1893/29366#.XUFaNLpFzcu
Under Pressure
https://www.zerotolerance.org.uk/under-pressure/
UK Home Office Child Sexual Exploitation Disruption Toolkit
https://www.gov.uk/government/publications/child-exploitation-disruption-toolkit
Harmful Sexual Behaviour by children and young people Expert Group report
Harmful sexual behaviour by children and young people: Expert Group report - gov.scot (www.gov.scot)
Engaging in risky online behaviour: initial findings on prevalence and associated factors
Faith and Belief
3.8. Educational practitioners should ensure learning and teaching is planned and delivered sensitively, being respectful of the various belief and faith backgrounds present in their learning community. Knowledge and understanding about the traditions, beliefs and practices of different religions, faiths and belief groups supports children and young people to develop respect and understanding. To facilitate this, themes can be devised so individuals can interact and learn alongside those who may have different beliefs and values to them, leading potentially to increased understanding.
3.9. Schools have a key role to play in providing an educational experience that is inclusive for all, regardless of the beliefs and values they hold. With inclusive RSHP education, children and young people, where religion and/or belief plays a role in their identities, should be able to feel included and accepted within their school and community. When children and young people can see themselves represented in what they learn, it helps them feel like they belong and that their identity is valued. This helps them to better engage with education. It also supports all children and young people to understand equalities and rights, and to recognise the impact of prejudice and stereotypes.
Religion, Faith and Belief: Whole School Guidance
- Schools should build links with local belief group representatives who can often help with understanding the concerns of members of their community – though schools should satisfy themselves that such representatives are indeed representative of the community they align with.
- Learning about relationships should be inclusive and enable multiple views and values to be discussed. Learners can feel excluded from learning if only one set of values or a theme has dominated learning, while their own beliefs, values and views are excluded. It is important, therefore, to ensure intended learning and teaching reflects the diversity of all learners in the school community.
- Practitioners should be open to discussion and incorporation of the various perspectives on relationships found within their community, including those within religious, belief and faith groups. Providing opportunities for parents and carers, as well as children and young people, to contribute to discussions and offer perspectives can help support an inclusive learning experience.
- Many people consider their beliefs, practices and traditions can be linked to the promotion of mental wellbeing and a healthy lifestyle, it can be helpful to include these understandings in learning and teaching.
- Relationships impact children and young peoples’ welfare, their physical, mental and, for some, their spiritual wellbeing and this can also be highlighted during learning and teaching. In addition, practitioners should be sensitive to the possible range of perspectives around modesty and inclusivity.
- Delivery of RSHP learning in a school should retain an emphasis on diversity, inclusivity and the freedom of expression for all.
Faith and Belief: Whole School Resources and Signposts
Church of Scotland
https://www.churchofscotland.org.uk/resources/children_and_youth
Equalities and Human Rights Commission: guidance on religion or belief in the workplace
https://www.equalityhumanrights.com/en/religion-or-belief-workplace
Humanist Society Scotland
https://www.humanism.scot/what-we-do/education/
Interfaith Scotland
https://interfaithscotland.org/resources/youth-and-schools
Muslim Council of Scotland
Glasgow Central Mosque
https://centralmosque.co.uk/resources/
Scottish Catholic Education Service
https://sces.org.uk/health-relationships/
Scottish Churches Parliamentary Office
https://www.scpo.scot/about-scpo/
Scottish Council of Jewish Communities
https://www.scojec.org/resources/education.html
Sikh Sanjog
http://www.sikhsanjog.com/our-services-for-stakeholders-and-organisations/
Gender Inclusive Education
3.10. Children can receive and internalise gender stereotyped messages about what they can and cannot do from a very early age. It is widely understood there is no inherent difference between individuals based on their gender alone which should limit their interests, capabilities or ambitions. However, it is recognised that subject choice, and many subsequent work and life choices, can be highly gendered. Taking a whole school approach[20] helps tackle the root causes of gender inequalities, in a sustained and embedded way. By reflecting and making small adjustments to everyday practice, educational practitioners can start to make a difference in providing equality of opportunity.
3.11. Throughout Curriculum for Excellence, all children and young people are given ongoing and sustained opportunities across the curriculum to reflect on gender stereotypes, and to recognise and help address unconscious bias[21].
Gender Inclusive Education: Whole School Guidance
- All children and young people should be treated in the same way and one group should not be favoured over another. If they are given jobs to do in the classroom, decide carefully who does what, for example, ensure tasks such as heavier lifting type jobs and tidying up are shared equally.
- Where the learning content and outcomes of an activity are gendered, you can change, remove or replace the gendered expectation of this work, for example resources and the subtexts they carry and/or restriction of colours or types of material.
- Ensure the learning environment is accessible to all and there is an equal representation of diverse images. Ensure all children and young people are equally challenged to interact within the classroom environment. If there is bias towards certain kinds of information or activities, ensure these are addressed.
- Plan learning activities which challenge stereotypes and ensure children and young people are given opportunities to explore gender through, for example, free play. Challenge gender restrictive language or assumptions, such as “girls can’t do that, boys don’t cry”, among other children and young people as well as staff. In a similar vein, consider how children and young people are addressed.
Gender Inclusive Education: Whole School Resources and Signposts
Gender Equality in ELC and on the National Improvement Hub
Gender Equal Play in Early Learning and Childcare
Improving gender balance and equalities 3-18
https://education.gov.scot/improvement/learning-resources/improving-gender-balance-3-18/
Inclusion of understanding about Variations in Sex Characteristics (VSC) sometimes referred to as or Differences in Sex Development (DSD) or Intersex
3.12. The United Nations Human Rights Office, Global Campaign against Homophobia and Transphobia says “Intersex people are born with sex characteristics that don’t fit typical definitions of male and female. In many countries, intersex children are subjected to repeated surgery and treatment to try to change their sex characteristics and appearance, causing terrible physical, psychological and emotional pain – and violating their rights. Intersex children don’t need to be “fixed”; they are perfect just as they are!”[22].
3.13. DSD and VSC are umbrella terms that bring together a range of around 40 biological conditions which affect sex‑linked chromosomes, sex‑linked hormones (i.e.: testosterone/oestrogen) and/or the development of the genitals and the reproductive organs. These terms relate to biological sex and are not to be confused with sexual orientation or gender identity. Just under 0.02% of the population are born with such a condition.
3.14. Sometimes people talk about ‘intersex’ and also use a much broader definition that relates to lived experience. When including Late‑Onset CAH (Congenital Adrenal Hyperplasia, which some describe as similar to Polycystic Ovarian Syndrome) to the above conditions this affects up to 1.7% of the population.
3.15. Many people with these conditions do not like the terms Intersex, VSC and DSD or are totally unfamiliar with them. Most will only use the specific name of the condition they have.
3.16. Prevalence varies widely between conditions. It also depends on how the condition is defined. Some conditions are not diagnosed until puberty or may never be diagnosed. This includes conditions such as: MRKH (Mayer‑Rokitansky‑Küster-Hauser syndrome), Klinefelter’s Syndrome and Turner Syndrome.
3.17. A focus group for young people with conditions noted how some variations need close medical management whereas others do not. Some of those not needing regular medicines or emergency treatment felt their variation was ‘private business’. Others were unclear about whether schools knew or not. Most concerns of young people were related to their healthcare, the lack of peer support, and the way their conditions are reported in the media.
Variations in Sex Characteristics (VSC) sometimes referred to as or Differences in Sex Development (DSD) or Intersex: Whole School Guidance
- Having a DSD or VSC can impact on school life in many different ways and will depend on what the underlying condition is or how old the child or young person is. Young people with such conditions are clear[23] they:
- Wanted to be included in sex education classes;
- Wanted to be treated like everyone else;
- Wanted their variations to be part of the curriculum, but not as a ‘special’ topic, just acknowledged; and,
- Wanted teachers not to generalise – everyone is a unique individual who is entitled to live their life in a way they see fit, and not everyone will develop in the same way.
- The points outlined above will be the key learning experiences teachers should consider when delivering learning on this topic. This should be achievable in a whole school approach, which acknowledges and celebrates the diversity of the whole school community while balancing individuals’ rights to privacy.
- Care should be taken in approaching discussions as children and young people, and their families, may not have had psychological support with their condition. Often they will not have had an opportunity to meet other children and young people with similar conditions.
- Ensuring children and young people have a route to support groups was highlighted as a key resource for everyone.
Variations in Sex Characteristics (VSC) sometimes referred to as or Differences in Sex Development (DSD) or Intersex: Whole School Resources and Signposts
CAH (Congenital Adrenal Hyperplasia)
https://www.livingwithcah.com/forum/
dsdfamilies (Differences of Sex Development)
www.dsdfamilies.org or www.dsdteens.org
https://www.dsdfamilies.org/application/files/9915/9223/5625/Info_for_Schools-dsdf.pdf
dsdfamilies: ‘Listen to us’: Consultations with children, young people and families living with different sex development
http://dsdfamilies.org/application/files/8015/5447/3715/reportdsdf-2019.pdf
Hypospadias UK
Klinefelter Syndrome Association
Scottish Differences of Sex Development Managed Clinical Network
Turner Syndrome
https://tss.org.uk/index.php/map
LGBT Inclusive Education
3.18. Schools have a key role to play in providing an educational experience that is inclusive of LGBT people. When RSHP education is inclusive, LGBT young people are more likely to feel included and accepted within the school community. When young people see themselves reflected in what they learn, it helps them feel like they belong and that who they are is not wrong, therefore increasing their engagement in learning. It also supports all young people to understand equalities and rights, and to recognise the impact of prejudice and stereotypes.
3.19. As with all learning, content regarding LGBT inclusive education should be age and stage appropriate and linked to the Experiences and Outcomes within Curriculum for Excellence. To enable LGBT inclusive education across the curriculum, there should also be an emphasis on the importance of interdisciplinary learning, including but not exclusively, through Expressive Arts, Languages, Literacy, Health and Wellbeing, Numeracy, Religious and Moral Education, Sciences and Social Studies
3.20. In addition to confidentiality for young people as outlined in paragraph 3.6, recognition should be given to particular issues of confidentiality for LGBT young people. Schools should be alert to safeguarding duties, and the fact that some young people may not have told everyone in their lives about their sexual orientation and/or gender identity and unnecessarily sharing personal information about them with others (‘outing’), such as through social media, could cause direct and needless distress.
3.21. A young person ‘coming out’ as lesbian, gay, bisexual and/or transgender is not in itself a safeguarding or child protection concern. However, circumstances related to their ‘coming out’ or additional information shared by the young person could be, such as experiencing bullying and the emotional impact it is having, or individual mental health concerns. In these and similar circumstances, schools should follow their standard safeguarding procedures to ensure the safety and wellbeing of the child or young person.
LGBT Inclusive Education: Whole School Guidance and Signposts
- LGBT inclusive RSHP education is particularly important in the context of wider health and wellbeing, to support learning which informs children and young people that:
- LGBT young people face disproportionately higher levels of prejudice‑based bullying in school and this has a detrimental impact on their educational experience as well as their mental health and wellbeing;
- Evidence demonstrates young gay and bisexual men in Scotland are at higher risk of HIV as a consequence of having poor knowledge about HIV transmission;
- Information regarding sexual health for LGBT women and trans people is often missing or is highly sexualised online; and
- 1 in 4 LGBT people will experience domestic abuse in their lifetime. Data has also indicated that transgender people have a high risk of experiencing abuse within relationships.
- RSHP education should embed LGBT inclusion within learning related to the context of relationships and families. For example:
- Understanding different families, including those with LGBT parents and recognising the context of same-sex relationships and the Marriage and Civil Partnership Act (Scotland) 2014.
- Bullying and prejudice-based bullying as outlined within Respect for All, Scotland’s national approach to anti-bullying, which explicitly notes the experiences and impact on LGBT people.
- Appropriate follow up and support should be put in place for any child or young person who needs it should they make any disclosures during learning, such as referral to pastoral care staff.
LGBT Inclusive Education: Whole School Resources and Signposts
LGBTI Inclusive Education Working Group: report to the Scottish Ministers
https://www.gov.scot/publications/lgbti-inclusive-education-working-group-report/
LGBT inclusive education teaching resources and teacher training modules
LGBT Youth Scotland research
https://www.lgbtyouth.org.uk/media/1354/life-in-scotland-for-lgbt-young-people.pdf
LGBT Youth Scotland curriculum guide
https://www.lgbtyouth.org.uk/media/1585/lgbtys-curriculum-inclusion.pdf
LGBT Youth Scotland anti-bullying resource
https://www.lgbtyouth.org.uk/media/1299/addressing-inclusion-2020.pdf
Stonewall: The School Report 2017
https://www.stonewall.org.uk/school-report-2017
TIE Icons
https://www.tie.scot/secondary
Supporting transgender young people in schools: guidance for Scottish schools
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