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| Section 28 | |
|---|---|
| Name | Section 28 |
| Long title | Section 28 of the Local Government Act 1988 |
| Enacted by | Parliament of the United Kingdom |
| Territory | England and Wales |
| Introduced by | Margaret Thatcher |
| Territorial extent | England, Wales |
| Status | Repealed |
Section 28 was a provision of the Local Government Act 1988 enacted by the Parliament of the United Kingdom that prohibited local authorities in England and Wales from "promoting" certain subjects in schools and local services. It became a focal point in debates involving prominent figures and institutions including Margaret Thatcher, Neil Kinnock, Tony Blair, Labour Party (UK), Conservative Party (UK), Liberal Democrats (UK), Stonewall (charity), and Amnesty International. The clause influenced policy across sectors involving Department for Education, local councils such as Islington London Borough Council, and advocacy networks including OutRage! and Liberty (organisation).
The provision emerged during the late 1980s amid wider legislative activity by the Conservative Party (UK) government under Margaret Thatcher and after electoral shifts involving 1987 United Kingdom general election and debates that had followed from social controversies like the HIV/AIDS epidemic and responses by actors including Terrence Higgins Trust and National Health Service (England). Influential backbenchers and interest groups such as Maggie’s supporters, Local Government Association (England and Wales), and advocacy groups including National Front (UK) and Campaign for Homosexual Equality shaped discourse that reached the halls of House of Commons and House of Lords. Legislative framing intersected with other statutes such as the Local Government Act 1986 and with administrative guidance issued by the Department for Education and Science.
The statutory wording specified that a local authority "shall not intentionally promote" certain relationships in a manner described in amendments to the Local Government Act. The clause affected guidance, curricular materials, and funding decisions across institutions such as Local Education Authority (England), schools overseen by bodies like Ofsted, and services run by local councils including Liverpool City Council and Manchester City Council. Implementation required interpretation by legal advisers, including counsel from entities like Crown Prosecution Service and consultation with professional bodies such as Association of Teachers and Lecturers and National Union of Teachers. Ministers in the Department for Education issued circulars and guidance that local authorities and schools used to navigate compliance.
The provision triggered campaigning by civil society organisations including Stonewall (charity), OutRage!, Liberty (organisation), and Amnesty International, with prominent politicians such as Neil Kinnock, Tony Blair, Peter Tatchell, and Ken Livingstone vocally opposing it. Supporters among Conservative Party (UK) MPs and some church leaders in Church of England framed the measure alongside debates involving Family Policy Network and responses from media outlets including BBC and The Guardian. Demonstrations, petitions, and high-profile protests took place in locations like Trafalgar Square and outside local council chambers; trade unions including Unison (trade union) and National Union of Teachers mobilised educational staff in campaigns.
Several legal challenges and judicial reviews questioned the scope and interpretation of the provision, bringing cases before courts where counsel referenced precedent from institutions such as the Law Society and judgments influenced by panels including judges who had sat in courts like the High Court of Justice and the Court of Appeal of England and Wales. Litigants included local authorities and advocacy groups; cases addressed statutory construction, compatibility with obligations under instruments like the European Convention on Human Rights and duties under equality frameworks administered by bodies such as the Equality and Human Rights Commission. Judicial commentary and legal opinion broadened the debate on administrative discretion exercised by councils such as Islington London Borough Council and Hackney London Borough Council.
The repeal process unfolded through legislation and government action led by figures in the Labour Party (UK), notably Tony Blair's administration, and involved parliamentary votes in both House of Commons and House of Lords. Repeal altered guidance from the Department for Education and shifted policy priorities among local authorities such as Glasgow City Council and Birmingham City Council as well as voluntary sector organisations including Stonewall (charity) and Stonewall Scotland. Post-repeal debates engaged with comparative law discussions referencing jurisdictions like Scotland, Northern Ireland, and countries with their own educational statutes; subsequent policy work intersected with equality instruments overseen by agencies such as the Equality and Human Rights Commission.
The provision had broad cultural effects reflected in literature, theatre, and academic research involving authors and artists such as Alan Bennett, Andrew Davies (screenwriter), and studies published by universities including University of Oxford, University of Cambridge, University of London, University of Manchester, and London School of Economics. Schools and higher education institutions including King's College London and University of Edinburgh debated curricular choices while NGOs like Stonewall (charity), Terrence Higgins Trust, and LGBT Foundation documented impacts on pupil welfare and teacher practice. Media portrayals appeared across outlets including BBC Radio 4, Channel 4, The Guardian, The Times, and in cultural events at venues such as Royal Court Theatre and festivals like Edinburgh Festival Fringe.
Category:United Kingdom laws