The Children, Schools and Families Bill is a key tranche of the Government's policy to boost so-called 'parent power'. The Bill is currently working its way through the House of Lords. Should the Bill reach the statute book (which is by no means certain, given the impending general election), it could have significant implications for nursery operators.
This article summarises the Bill's key provisions and its potential impact on nursery operators. Currently it is only applicable to nursery schools that are maintained by a local authority in England and that are not special schools. However, given the importance that the current Labour Government is attaching to this draft legislation, it would not be surprising to see it extended to cover nurseries within the commercial sector, should Labour be re-elected.
By way of background, the Bill has been somewhat controversial. It aims to build a system of 'guarantees' into the school system for both parents and children; introduce a licensing scheme for teachers; and make changes to the way schools operate. It gives effect to various aspects of the government White Paper 'Your Child, Your School, Our future: building a 21st century schools system'.
- Q: What 'guarantees' are to be given to parents?
The guarantees are not themselves set out in the Bill. Rather, provision is made for the Secretary of State to issue them either in respect of children, or parents of children, at local authority-maintained nursery schools.
If made, they would set out what both parents and their children could expect from the school and would be framed by certain prescribed 'ambitions' set out in the Bill. These ambitions have been particularly controversial. They include the opportunity for parents to engage in their child's learning and development and to have access to a variety of 'activities, facilities and services' in respect of their child's schooling, which could include support and advice in relation to parenting. In effect, they allow minimum standards to be imposed on local authorities, governing bodies and proprietors of certain schools and head teachers.
- Q: What if a guarantee is issued in respect of a nursery operator?
First, as mentioned above, schools in this part of the Bill are taken to expressly include nursery schools, so nurseries should expect any guarantees issued to potentially affect them. However, it is not currently clear precisely how they will apply to nurseries in practice.
Should a guarantee be issued which applied to nursery operators, then they would have a statutory obligation to comply with the requirements set out under that particular guarantee.
By way of example, a parent guarantee could theoretically be issued which required nursery operators to provide parents with a certain degree of access to a nursery's teaching staff and its facilities, in order that parents could receive parenting support and advice (as envisaged by one of the parents' 'ambitions').
The Bill does make any such guarantee first subject to a period of consultation (open to whomever the Secretary of State considers appropriate) which must take place before the guarantee is issued.
- Q: What if a nursery operator acts in breach of a guarantee?
If a nursery operator was subject to a particular guarantee and it failed to comply with the requirements of that guarantee, it would be acting in breach of the law.
As currently drafted, the Bill provides that a parent guarantee will be deemed to be breached where either a child or a parent is denied anything they are entitled to expect with regard to the school, by virtue of the particular guarantee.
If breached, statutory provisions would allow the failure to be investigated, provided that a complaint had first been made about that particular guarantee.
- Q: Are children entitled to similar guarantees?
Yes, they operate in much the same way as parent guarantees and are breached in the same way (see above).
In respect of children, the prescribed ambitions are different. They include ambitions to go to a school where there is good behaviour, strong discipline, order and safety; and to go to a school where they can take part in cultural and sporting activities. Again, further thought clearly needs to be given about how they will apply to nurseries.
- Q: What are 'Parental Satisfaction Surveys'?
The Bill sets out a system for canvassing the opinions of parents of children at 'relevant schools' in the form of 'Parental Satisfaction Surveys'.
If parents, having been asked their opinion of their local schools, are dissatisfied (the Bill talks about 'material dissatisfaction') with the education provision in their local area, then the relevant local authority would be under a duty to prepare a plan to remedy the identified flaws.
At present, the Bill would not catch nursery years education, with the Government intending 'relevant schools' in the Bill to only catch secondary schools. However, the Bill does give the Secretary of State power to make regulations that in future could catch nursery operators, or children of a nursery age. Therefore, nursery operators should watch carefully to see how these surveys operate in practice.
It is also envisaged that parents would have a say in the response plans drawn up by the local authority. If there were to be sufficient parental dissatisfaction with a plan, it could be referred to an adjudicator.
- Q: Does the Bill mean nursery teachers need a licence to teach?
As of now, no. Nursery staff are not currently within the ambit of the draft legislation.
The Bill in its current form makes provision for the introduction, at a later date, of a system of licensing for teachers, registered to teach with the General Teaching Council, in the maintained sector.
The Bill also gives the Secretary of State the power to make regulations obliging teachers who undertake 'specified work' to hold a licence to practise. This specified work could relate to certain activities or the circumstances in which such activities are carried out. Regulations could also be made in future that would introduce an appeals process for such a system of licences.
Should these licences become law, nursery operators should monitor their impact in case their use is extended to cover nursery staff.
- Robert Collier is a partner at Veale Wasbrough Vizards and heads the Early Years Team. Contact him on 0117 3145472 or rcollier@vwv.co.uk
