---

Childcare Bill

These amendments probe the issue of exemptions and modifications. Amendments Nos. 76 and 78 would require regulations to be made outlining a process whereby parents could appeal against a disapplication or modification of the learning and development requirements in respect of certain early years providers or of a particular child. The early years foundation stage may initially be challenging for some providers, particularly those who do not currently deliver the foundation stage. The content of the EYFS will be finalised this year, but until it is finalised and published and we have consulted on it, it will not be possible to specify in detail which parts providers may be exempted from or which modifications may be appropriate. I can say that we envisage that exemptions or modifications in respect of providers should be made only in exceptional circumstances for a limited period to allow them time to improve their standards in order to meet the full requirements. During the period of such an exemption or modification, local authorities would be expected to use their powers under Clause 13 to support providers in improving the quality of provision. Supporting existing providers to improve will be a key priority for local authorities in advance of the full implementation of the EYFS in two years’ time. Turning to Amendment No. 78, we intend to design the EYFS to be flexible enough to meet the individual needs of all children and to accommodate the values and philosophies of their families. However, it is difficult to foresee every circumstance that might arise. Our intention is not to allow providers to inappropriately exclude from provision children with disabilities or special educational needs—the concern rightly raised by the noble Baroness, Lady Walmsley—but to produce sensible legislation with an appropriate degree of flexibility to enable settings to respond to exceptional circumstances. We are mindful of the potential human rights implications and the right of parents to have their children educated in accordance with their own philosophies and beliefs. Clause 46 therefore ensures that settings have sufficient flexibility to deal with an exceptional circumstance or specific philosophy or belief that has not been anticipated. Without the clause, we believe there would be a legitimate concern that we were imposing an inflexible one-size-fits-all framework on families from all types of backgrounds and all types of religious and other beliefs, with no potential for taking account of an individual or local exceptional circumstance. We propose, as part of the specific circumstances of an exemption or modification in respect of an individual child, that this would be at the request of parents. We believe that there is therefore no need for parents to have a right of appeal. Amendments Nos. 75 and 77 in the name of the noble Baroness, Lady Morris, seek to create a duty to set out and publish the reasons for modifying the EYFS or exempting a provider from delivering some aspect of it, whether those exemptions or modifications apply in relation to a provider, a group of providers or an individual child. The circumstances in which exemptions can be made will be set out in regulations and will be subject to full consultation and parliamentary scrutiny. If a group of providers is exempted, that will need to be set out and published so that those who are exempted know that they are. In the case of individual providers, however, we do not think it would be appropriate to publish the reasons in every circumstance. There will be clearly specified circumstances for individual providers and we will consider what steps may be appropriate to notify others, including parents, of the applied exemption or modification. A general duty to publish reasons in all cases would not be necessary. In the case of disapplications or modifications in respect of individual children, it would be unfair to single out a particular child in such a way, especially as the reason may be of a sensitive nature. For example, it may relate to the religious beliefs of the child’s family. We propose that such exemptions should be at the request of parents, which will be part of the specified circumstances as set down in the regulations. In view of those reassurances, I hope both noble Baronesses will not think their amendments necessary.