The Independent Schools Council is a politically independent, not-for-profit organisation representing 1,270 independent schools educating more than 500,000 children. It exists to promote choice, diversity and excellence in education, developing talent at all levels of ability and from all backgrounds.

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DfES Consultation on Draft Code of Practice on the Provision of Free Nursery Places for 3 and 4 Year Olds

30 September 2005

Response from the Independent Schools Council

The Independent Schools Council represents 500,000 children in 1,280 independent schools. In co-operation with its seven constituent associations, ISC works to ensure that the interests of independent schools are fairly and accurately represented to government, in political and public debate, and in the media.

The Independent Schools Council welcomes the Government's aim to give every child the best possible start in life by expanding choice and flexibility, and ensuring availability, quality and affordability in childcare. We are keen that the choice of an independent school continue to be offered to all parents as the entitlement to free early education is extended over the next few years. With this in mind, we have set out below our vision of how the Code of Practice should be adapted in order to facilitate the integration of independent education.

Integrating Independent Education

The Independent Schools Council feels that its 888 schools which provide nursery provision, of which 129 are in the London area, have a key role to play in ensuring that extended provision becomes a real success. Independent schools have consistently demonstrated their ability to provide high quality nursery provision; Ofsted's Annual Report in 2000 stated that ‘the performance of independent schools and local authority nurseries is particularly commendable[1]'. The following year, 5,562 different nursery settings were inspected by Ofsted. In 2001 it was once again reported that ‘the data indicate that variations in performance are greater in some provider groups than others. Independent schools, local authority day nurseries and private nursery schools are most successful in promoting progress towards the early learning goals[2]'.

Independent schools are pleased that their significant contribution to early years education is recognised by ministers and that the shorter length of some traditional independent and private school terms has been integrated into the proposed framework<[i]. Independent settings are an extremely popular choice; and as LAs are expected to monitor demand and parental preference[ii], it is right that parents should be allowed to choose to use settings which are not open for 38 weeks per year[iii] as stated in the consultation document. It is essential to carry this requirement through into the text of the Code of Practice.

Allowing integration of independent education into the early years framework in this way undoubtedly enhances choice for parents. The importance of this choice is emphasised both in the current Code of Practice and in this consultation document. Choice is, however, at one point in the Code of Practice in danger of being reduced at local level. For ease of discussion, point 42 and 43, which fall under the heading ‘conditions of inclusion in the LA Directory', are cited below:

LAs, after local consultation with local partners, may wish to set additional conditions which providers must meet in order to be able to join their Directory. For example, they may wish to set conditions in relation to the following areas:

the information made available to parents by providers;
the information that providers keep about children in respect of whom grant is paid; and
providers' insurance, banking and accounting arrangements

To reinforce the integration agenda, LAs may also wish to consider including a condition whereby new providers will be expected to demonstrate that they can or will be able to deliver the free entitlement flexibly as part of wider integrated childcare service for parents. However, any conditions which would result in a particular provider or group of providers who would otherwise be eligible being excluded from the Directory should be carefully considered by the LA.

The key sentence, which ISC feels should be included as a separate point is ‘However, any conditions which would result in a particular provider or group of providers who would otherwise be eligible being excluded from the Directory should be carefully considered by the LA'. This point should be placed ahead of any discussion of other conditions an individual LA might set. Otherwise, there is a real danger that the area in which an individual lives will determine whether or not they have access to a particular sector of providers. This is a national Code of Practice, which comes down firmly on the side of choice and whilst it is important to allow LAs to adapt certain conditions to local needs, ISC feels that the structure of these paragraphs could allow individual LAs to misinterpret the spirit of this Code.

Effective Communication

In order to ensure that the sheer range and expertise of the independent sector and indeed all other nursery providers outside of the maintained system is harnessed effectively, it will be important to make sure that all are properly informed in writing of the requirements for registration in the Directory of Providers and of the appeals procedure adopted by their LA. It will allow LAs to communicate their standards and requirements with maximum transparency. This will reassure providers that they will be treated fairly and equitably and will properly understand the criteria for entry onto the Directory so that they can prepare appropriately. ISC therefore suggests 2 amendments to the current Code of Practice to assist all providers in this respect:

Point 44 would read: ‘LAs should notify providers included in their directory and those who express a wish to be included in this directory in writing of the conditions that apply in their area and should make these conditions freely available on request..[iv]'.
Point 86 would read: ‘LAs should allow providers the right to appeal against a decision to reject or remove them from the Directory. All providers should be informed in writing of this appeals procedure including how an appeal can be made, to whom it should be made, how it will be dealt with and within what timeframe. The appeals procedure should satisfy public law requirements. A copy of an LA's appeals procedure should be made available to all providers on request and all providers who wish to be considered for entry onto the LA's Directory.[v]'.

Free Provision

The Code of Practice on the provision of free nursery education places for three and four year olds' states in point 106 that ‘parents should not be required to pay any fee for their child's free nursery education place, nor can they be expected to take up or pay for any additional services as a condition of a child attending a free nursery education place. If a child attends a provider that would normally charge fees, the fees charged should be reduced accordingly so that the basic entitlement is free at the point of delivery[vi]'.

Independent schools abide by this code. Parents choose to take their basic entitlement free at the point of delivery for 2.5 hours a day, and then choose to pay extra for the rest of the day or for other services. Indeed, the fact that part of the service is ‘free at the point of delivery' makes an independent pre-prep education affordable for some parents where it would not have been otherwise, and thereby frees resources in the maintained sector. It will be important to require LAs to apply this criterion fairly across all provider groups.

Curriculum

Participation in the free early education scheme by independent schools has always been subject to there being no undue influence by LAs on the curriculum, organisation and admissions policies of the schools. Independent schools accept that provision must be in line with the five key outcomes set out in Every Child Matters and must be consistent with the principles and practice described in the curriculum guidance for the foundation stage. Independent schools also accept that admissions under the terms of the Government's Early Education scheme should be free at the point of delivery. In the overwhelming majority of cases these expectations have caused no problems with LAs. In order to pre-empt local difficulties that arise in some geographical areas, involving Sure Start colleagues in lengthy correspondence and telephone conversations, it would be helpful if these points about independent school curriculum, organisation and admissions can be emphasised in the Code of Practice.

Inspection

ISC notes that at present the minimum conditions for entry onto an LAs Directory, as outlined in the consultation document, are expected to include that the provider be registered with Ofsted and submit to inspection by Ofsted. ISC agrees that it will be crucial to ensure that all early years' education be properly inspected, but feels that it will be important to take into account in these conditions the fact that Ofsted is entitled to contract out to some other body and that another body might be approved under under Section 163(1)(b) of the Education Act 2002[vii].

ISC strongly believes in the individual's right to choose a quality education that is suited to the needs of their child. Therefore, the amendments suggested above seek to maximise the total number and variety of settings who choose to participate by rendering the process as fair and transparent as possible. Independent settings have been consistently rated of the highest quality and are a vital part of this choice. Parents should therefore be enabled, regardless of which LA they live in, to access funding for their child to participate in these settings.

The views expressed in this consultation response are on behalf of 1,280 independent schools and should therefore be weighted accordingly.

[1]The Quality of Nursery Education for 3 and 4 year olds 1999-2000 [HMI 237], Ofsted, 2000

[2]Nursery Education: Quality of provision for 3 and 4 year olds 2000-01 [HMI 331], Ofsted, 2001

[i] In response to an ISC enquiry on this subject Beverley Hughes MP, Minister for Children, Young People and Families, writes ‘The aim of the 10 year childcare strategy is to give parents more choice about how to balance work and family life. Therefore, we want to expand the available option and improve the flexibility in the delivery of early education and childcare. We understand that some early education providers, including independent schools, may not be able to offer places for 38 weeks per year. However, parents should still be able to choose such settings and we expect local authorities to continue to secure a range of early education provision which reflects parental demand.' 14 May 2005

[ii] Consultation on Draft Code of Practice on the Provision of Free Nursery Education Places for 3 and 4 year olds DfES 2005, 2.4.3.

[iii] ibid. 2.2.5.

[iv] A Code of Practice on the Provision of Free Nursery Education Places for three and four year olds DfES 2005, pt 44. Bold text indicates an ISC insertion.

[v] ibid. pt 86. Bold inserted.

[vi] ibid. pt 106.

[vii] 163 Power to inspect registered schools

(1)The registration authority may at any time- (b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.