My Lords, I would like to speak to Amendments 21, 23 and 24 on the flexibility of the extended entitlement to childcare for working parents. I thank the noble Baronesses, Lady Pinnock, Lady Tyler and Lady Jones, and the noble Lord, Lord Touhig, for highlighting this important issue. I hope that the noble Lord has fully recovered from his daughter’s wedding last week.
Enabling greater freedoms and flexibility for providers to meet the needs of parents has been an important part of the steps that we have already taken to help delivery of the existing funded entitlement. The regulatory framework for the early years was thoroughly reviewed in 2012 and unnecessary red tape and burdens were stripped away. Steps have already been taken to ensure that parents can more easily access a place with a willing provider of their choice if that provider meets the quality standards set by Ofsted.
We have enabled and encouraged all parts of the market to grow, because we believe, as my noble friend Lord True pointed out, that diversity in this sector is extremely important. This is being done through, for example, the creation of childminder agencies and enabling childminders to deliver childcare on non-domestic premises, and measures to help school nurseries expand or work in collaboration with private, voluntary and independent providers. As the noble Baroness, Lady Pinnock, set out in Amendment 21, it is important that the 30 hours of free childcare for working parents of three and four year-olds is made available at times that provide sufficient flexibility to parents working outside the hours of 9 am to 5 pm and during holiday periods. I would like to provide reassurance that there is already flexibility in the system to accommodate both of these. Providers are not constrained to providing the existing funded hours over 38 weeks of the year or during standard working hours. They can instead make a “stretched offer” available. Working-tax credits, universal credit and, later, tax-free childcare will also enable parents to budget and pay for childcare throughout the year.
Under an existing duty, local authorities have to ensure, as far as is practicable, sufficient childcare for working parents who require it. In carrying out that duty, local authorities should take account of the different patterns of demand in the area, which will include childcare out of hours and during the holidays. Local authorities
should encourage existing providers to expand their provision and encourage new providers into the market to help parents to find suitable provision. A similar approach is needed for early years provision during the school holidays. It can be less of an issue for parents of children who have not yet reached compulsory school age, but we will continue to work with schools to encourage and support them to extend their nursery offers and hours outside term time.
I turn to Amendments 23 and 24 about adult child ratios for childminders and non-domestic group providers such as day nurseries. All early years childminders and group providers registered on the early years register must meet the early years foundation stage framework requirements around child development and welfare and well-being, including ratio and qualification requirements. The existing ratios give the flexibility to deliver the 30-hour entitlement in a safe, secure and welcoming way that contributes to child welfare and child development. We will not tolerate any provision that is detrimental to this, and provision will be regulated.
As noble Lords will be well aware, the English childcare system has some of the highest adult-child ratio requirements in the world. The current ratios and qualifications for early years childminders, group providers and the additional requirements referred to in the amendments are already set out in the early years foundation stage statutory framework. Ofsted is already able to determine that a provider must observe a higher staff-child ratio if needed to ensure the safety and welfare of children. These ratios provide significant flexibility for registered providers. For example, for children aged three and over in provision where a person with a suitable level 6 qualification is working with children, a 1:13 ratio can already be used.
With support from government, the National Day Nurseries Association produced case studies to help practitioners make use of the flexibility already available to them. The amendment seeks to enshrine ratios in primary legislation for the extended free childcare entitlement. As I have said, ratios for all providers are currently set out in secondary legislation, and this allows the flexibility to respond quickly if changes are needed to ensure that children are kept safe and well cared for. As we set out in the preceding Committee session, next year we shall consult on draft regulations and draft guidance for the proposed new duty.
The noble Lord, Lord Northbourne, raised the important issue of what we mean by quality. The EYFS statutory framework recognises that together good parenting and high-quality early learning provide the foundation that children need to make the most of their abilities and talents as they grow up. Of course continuity of care is important, but I hope that we can take strong reassurance that Ofsted inspectors take account of the need for the well-established key person system that helps children to form secure attachments and promotes their well-being and independence.
In conclusion, I reiterate that delivering flexibility for parents is a vital principle of the Bill. I hope that noble Lords and noble Baronesses will have been reassured by my response to their amendments, and I ask that the amendment be withdrawn.