Posted on 2019-06-25 | 04:38

Thank you, Mr Speaker, for the opportunity to raise the important issue of parental involvement in primary school pupils learning about the Equality Act, which was passed in 2010. The Act, which I welcomed, supported and voted for, has nine protected characteristics: age; disability; gender assignment; marriage and civil partnerships; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Accompanying the words of the Act is guidance, and the “Sex and Relationship Education Guidance 2000” is also referred to and relevant. In particular, paragraph 1.13 states:

“In the early primary school years, education about relationships needs to focus on friendship, bullying and the building of self-esteem.”

Paragraph 1.31 further states:

“Sexual orientation and what is taught in schools is an area of concern for some parents. Schools that liaise closely with parents when developing their sex and relationship education policy and programme should be able to reassure parents of the content of the programme and the context in which it will be presented.”

The Children and Social Work Act 2017, which I supported and voted for, puts relationships and sex education on a statutory footing and requires all primary schools to teach age-appropriate relationship education.

The relationships and sex education set out in the Children and Social Work Act does not come in until September 2020, although primary schools can introduce it a year earlier. There was also draft guidance on how the Act should be implemented, and I supported and voted for the statutory instrument associated with that guidance. This legislation builds on the provisions of the Equality Act and, although it has relevance, as I shall explain later, it is the Equality Act and the nine protected characteristics that I shall be talking about today, not least because that is quoted by the headteacher of the school in my constituency where the controversy has arisen.

The Equality Act does not require primary schools to actively teach the nine characteristics. According to the guidance accompanying the Act,

“schools are free to include a full range of issues, ideas and materials in their syllabus, and to expose pupils to thoughts and ideas of all kinds, however challenging or controversial, without fear of legal challenge based on a protected characteristic.”​

I support and welcome the guidance, but therein lies a problem. In Birmingham, there are 258 primary schools. Thirty-nine are in my constituency. Some are local authority- maintained, others are part of academy chains, but that is pretty irrelevant in the context of this debate. In many of the 256—not 258—schools, headteachers introduce pupils to what is in the Equality Act in ways that they believe meet the requirements of the guidance. Recognising that some of the nine characteristics may pose challenges for communities who have more conservative social attitudes, and taking into account the demographic composition of their own school, they have chosen to engage with their parents to explain the nine characteristics. They hold workshops about the individual characteristics and ongoing consultations with parents, showing them the type of materials that the school proposes to use, and they engage with parents about what age is most appropriate for the various characteristics to be introduced to pupils.

That seems eminently sensible to me, and it seems to be in line with references in the Children and Social Work Act and the draft guidance, which refers to “age appropriateness” in the context of religious background and the need for ongoing consultations. I unreservedly support and applaud those 256 headteachers, and parents are overwhelmingly supportive because there has been no appreciable backlash by parents at those schools.

At two schools, however, there has been a major reaction among parents that has become increasingly bitter and polarised. One of the schools is in my constituency, and the other is in an adjoining constituency represented by the hon. Member for Birmingham, Ladywood (Shabana Mahmood).

In a Westminster Hall debate on 25 February, the hon. Member for Birmingham, Ladywood referred to the fact that parents were complaining that there had been no consultation whatever about how the nine protected characteristics were being imparted to children, and that children, some as young as four or five, were telling parents about what they allegedly had been taught in lessons. That caused the parents considerable concern. At the school in my constituency, a similar situation occurred. There was no consultation with ​parents. The headteacher made it plain that no consultation was going to take place and no collective meetings with parents were held. She said that she or her deputy would meet individual parents on a “one-to-one” basis to listen to their concerns, but when such meetings took place the same answer was always given—namely, that the school was only carrying out the Equality Act.

Understandably, some parents were unhappy with the response and felt that the school had no regard for their concerns.

The parents therefore had their own meeting and, after asking the brother of one parent who is in the property business and is well educated and articulate, to be the co-ordinator, they began their protests, on which I will touch in a minute. The common theme that links these two schools is that parents at both schools were neither consulted nor involved in how the nine protected characteristics were to be imparted to children. Parents were excluded entirely from the process, although the Equality Act is not an exam subject, for example, like English or mathematics.

All schools call regular meetings of parents when they want to inform them about important issues. It is part and parcel of school life for regular meetings to take place with parents, but no meetings with parents were held at the two schools.

The question that those who have sought to characterise the disputes at both schools as a clash of cultures should be asking is, what have the headteachers and their staff at 256 primary schools got right with the support of their parents, while in two schools it seems to have gone very wrong? I turn briefly to the protests outside the school in my constituency.

The school is in an area with a very large Muslim population. Nearly all the children who attend are from Muslim families. When the protests began outside the school in my constituency I did not take sides or make public comment. I took the view that parents of young children do not protest against their child’s school unless they have some grievance. Parents protest against many things, including the Government and the local council, but to protest against their child’s school is rare, and there has to be some particular reason for it.​

I went and saw the headteacher. I asked questions and put suggestions to her. I have deliberately not put her responses in the public domain, because I believe that if I had done so it would have inflamed the situation, but I did tell the leader of the council what they were. Three officials from the Department for Education were present, and they took detailed notes, which presumably were conveyed to the Minister. I have known the headteacher for a number of years, and I respect her academic achievements at the school, which follow the excellent work initiated by the previous head, Anne Bufton, at the school. Before leaving the meeting with the headteacher, I did say that if she or her staff felt threatened by the protests outside the school then she should apply for a restraint injunction to get them moved elsewhere, and I explained to her the procedure for doing that. No such injunction was sought until more than a month later.

I then invited, through my Muslim assistant, the leaders of the protest to come and see me at my house. I was shown copies of letters written to the headteacher expressing their concerns, which were not replied to. I saw statements from parents saying that the headteacher would not have a parents meeting, but would talk to parents only on a one-to-one basis. I saw statements saying that, when such meetings took place, the individual parents were told that what the school was doing was the Equality Act. I saw letters and statements which, time and again, emphasised that the protesters—mostly young mothers—were not seeking to undermine the Equality Act, not least because it protected Muslims from Islamophobic criticism, and that all they were asking for was meaningful consultation about what was the appropriate age for the nine protected characteristics to be introduced to their children. They told me that they had ongoing contact with the appropriate police superintendent every day a protest was organised. They told him when the protest would start and finish, and they always asked for the police to be present to ensure that no laws were broken by the demonstrators.

After each demonstration, the parents had email correspondence with the police superintendent to seek written confirmation that the police were satisfied with the way the protest had been conducted and they asked each time whether any arrests had taken place or cautions been issued. I have seen copies of the email correspondence and confirmation by the police superintendent—whom I have known and dealt with for many years—that no arrests were made or cautions given. I make the point again that, during the time the demonstrations have taken place, no arrests have been made because, according to the police, no laws have been broken.

I was finally, when I met with protesters at my house, shown a petition signed by 229 parents expressing no confidence in the headteacher. I subsequently spoke to the police superintendent, whom I had spoken to regularly throughout the protests. After listening to the different accounts of the headteacher, the parents who were protesting and the police, I came to the conclusion that the parents who were protesting had some valid reasons for doing so, as the headteacher seemed totally unwilling to have meetings with the parents to address their concerns and to seek a compromise to resolve the conflict.

I told the protesters this and I also told them that they had made their point and that the protests should end. I reiterated this when they came to see me at my surgery, which was filmed on phone camera and put into the public domain in an abridged version. 

I have to say that the breakdown in trust between the headteacher and the parents has not been helped by certain tweets that the headteacher has put out. She is, of course, perfectly entitled to tweet what she wants to, as is everybody else, but to call parents who are participating in highly organised police-supervised protests a “mob” which needs to be “sorted” and accuses Muslim parents—mostly young women—of “homophobic hatred” and to say that

“if we allow parents to think consult means demand resignations if we don't get our way”

is not exactly helpful in reducing tension because it is immediately recycled on multiple social media sites, which builds up a frenzy of hatred against parents. As I have said, they are mostly young mothers who have done nothing wrong. They are good mothers who want to express concern about what their children are telling them.

If parents say they have concerns, and if they have sought to raise those concerns with the headteacher and have not been allowed to do so, I believe it is incumbent on a Member of Parliament to articulate those concerns. That does not mean to pass judgment, but if they have concerns, they are entitled to have them addressed. So far as the parents at these two schools are concerned, there has been no engagement and no meetings, whereas 256 other schools in Birmingham are doing things differently.

What is this “homophobic hatred” that these parents are supposed to be spreading? That is massively serious. Let us look at some of the police witness statements. As I have said, the police were at every protest. These statements are not hearsay or recycled versions that have been fed to social media to feed the frenzy; they are legal daily reports by police officers who were present. They say the chants were repeated over and again, and what were those chants? “Our children, our choice.” “Listen to parents.” “Let kids be kids.” “We are not homophobic.” “Parent governor step down.” “Headteacher step down”. That is not nice for the headteacher or the parent governor, but I do not accept that as being homophobic.

Furthermore, the police who were present wore body cameras and were asked by the organisers of the protest to check whether any placards contravened the law. I understand that only one placard was deemed inappropriate at an early protest, and the people carrying the banner were told not to bring it again.

I make these points because I believe the parents have not had a fair chance to put their side of the dispute. They have been branded professional agitators, accused by a councillor of not having children at the school, called a “mob” and told that they are spewing out homophobic hatred. These mothers have been smeared, and the fact that the local Member of Parliament, having weighed up the evidence and listened to all sides of the argument, came to the conclusion that the people protesting had just reason to complain and protest merely added a target for the witch hunters and increased the lust for a sacrifice, irrespective of the facts.

I return to a couple of specific questions, which I supplied to the Minister before the debate. I ask these questions because I suspect many primary school head- teachers watching this debate, like their colleagues in Birmingham, want to know whether they are inadvertently contravening the law in how they impart the nine protected characteristics of the Equality Act to their pupils.

As I have said, 256 of 258 primary schools in Birmingham are, in different ways, ensuring that their pupils know when they transfer to secondary school ​that any form of discrimination, victimisation, prejudice or bullying of other people who fall within the nine protected characteristics is unlawful. They do this by engaging with parents to explain the nine characteristics; by having workshops about the individual characteristics; by having ongoing consultations with the parents and showing them the type of material they propose to use; and by engaging with parents about what age is most appropriate for the various characteristics.

The parents want clarification. First, they want to know whether it is permissible for headteachers to partner with parents to decide how the nine protected characteristics are imparted to pupils, bearing in mind that parents cannot have any veto over which characteristics are taught. Secondly, they would like to know whether the nine protected characteristics have to be taught all together, or whether they can be spread out and imparted to pupils throughout their time in primary school, taking into account at what age the head and/or parents consider it most age-appropriate for each protected characteristic to be imparted to the children.

I ask those questions because many primary heads are looking at what has happened at the two schools where controversy has arisen and do not want to be accused of discrimination, which is of course illegal, in the way they deal with the Equality Act and the nine protected characteristics. I would be grateful for clarity from the Minister, because this will affect the relationships education provision that comes in in 2020 and that can be introduced in September 2019, which is much more specific about the terms “consultation” and “age appropriateness”.

I have no opinion on the ages at which primary school children should be introduced to the provisions of the nine protected characteristics. For example, I attended a recent meeting held by the headteachers’ union here in the Commons, in Committee Room 9. A headteacher—he may have been a deputy head—from Manchester argued forcibly that the whole “age appropriate” concept should be scrapped completely, and that children aged two should be introduced to the provisions of the protected characteristics. If the parents of the children involved are happy with that, who am I to say it should not happen? But parents, who in international law have the prime responsibility for the upbringing of their children, have to be partners with schools in the making of such decisions.

Likewise, I have no prescribed views about what teaching materials should be used. I believe that schools and parents should make the decision after proper consultation, which is what is currently happening in most schools. In respect of the question asked by my hon. Friend the Member for Brighton, Kemptown (Lloyd Russell-Moyle) from a sedentary position earlier, yes, I have now read most of the books that my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) has given to me. Some of them are very good—“The Little Mermaid” is particularly good, and I have just got a copy for my grandchild—but my Muslim constituents would like to talk through some of the other books with the school to understand what the concepts are. They cannot talk it through with the school if the school will not have consultation.​

I regret the controversies that have arisen around the two schools in Birmingham. I believe they could have been avoided if the schools had taught the provisions of the Equality Act in different ways and taken the parents’ concerns into account. For my part, I apologise unreservedly for any offence caused to any person of whatever sexual orientation by anything I have said or written. In particular, I apologise unreservedly to members of the LGBT community in Birmingham and throughout the country for anything I may have said or written that has caused offence to them. I assure you, Mr Speaker, that it most certainly was not intended.