Parental rights and “relationships and sexuality education” in Wales: R (Isherwood)

In R (Isherwood & Ors) v Welsh Ministers [2022] EWHC 3331 (Admin), the issues were the legality of guidance documents issued under the Curriculum and Assessment (Wales) Act 2021 and whether or not parents had a right to withdraw children from mandatory relationships and sexuality education (“RSE”)

The arguments

The claimants argued that there was a common law right of “excusal” – a right to withdraw their children from lessons – and that statements in the relevant guidance to the effect that the right of excusal had been removed were wrong in law. Continue reading