Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps she plans to take to ensure that home educators' right to privacy is protected, in the context of the proposed home schooling register.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The department takes its data protection obligations seriously and is committed to high standards of information security, privacy and transparency. All data received by the department, including as part of the children not in school (CNIS) registers, will be processed in accordance with UK-GDPR principles. No individual personal data from CNIS registers will be published by the department.
The department is conducting a Data Protection Impact Assessment and are consulting with the Information Commissioner’s Office to ensure all data protection risks have been considered and appropriate mitigation are in place before any processing of data has begun. The Data Protection Impact Assessment will be reviewed on a regular basis and updated as required.
Parents have the right under UK-GDPR to object to how their data is used. However, this right is not absolute. If the department or other agencies outlined in the Bill have compelling, legitimate grounds to continue using the parent’s data that outweigh the parent’s rights, they can refuse the parent’s request.
We will outline in future statutory guidance to local authorities how they should inform parents about their rights around data sharing and processing at the point of registration and/or providing updates for the registers.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps she plans to take to enable parents who need to withdraw their child from school when SEND support is insufficient to do so.
Answered by Catherine McKinnell - Minister of State (Education)
Parents have a right to educate a child of compulsory school age otherwise than at school, provided that the education is suitable. Home education can be demanding and so should only ever be an informed and positive choice. If their child is in a mainstream school, parents can withdraw their child by notifying the school that they wish to home educate. If their child is in a special school under arrangements made by a local authority, then the parent must first seek local authority consent. This additional check is not intended to keep children in a setting that does not meet their needs, but rather to ensure that there are no educational suitability issues resulting from the loss of the support at the school.
If parents have concerns that their child’s special educational needs (SEN) are not being met in school, then they should discuss these concerns with the school. If their child has an education, health and care plan, then they should also talk to their local authority. In either case, the package of support may need to be reviewed.
The department is aware of the challenges in the special educational needs and disabilities SEND system, and the government has been clear that a more inclusive education system is needed to give children and young people the opportunities they need to achieve and thrive.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department plans to update the early years foundation stage statutory framework to include (a) explicit and (b) enforceable safe sleep guidance for children under two in group care settings.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The early years foundation stage (EYFS) statutory framework which all early years providers are required to follow includes a requirement for babies to be placed down to sleep in line with the latest government safety guidance. This guidance can be accessed here: https://www.nhs.uk/conditions/sudden-infant-death-syndrome-sids/.
Ofsted inspects early years settings against the EYFS requirements. Early years providers failing to follow safer sleep practice in line with this guidance would be in breach of the requirements and subject to enforcement action.
The early years qualification requirements and standards document sets out the minimum qualification requirements, including the qualifications criteria at levels 2 and 3, that staff must meet to be recognised as level 2, level 3 or level 6 members of staff for the purpose of working within the EYFS staff:child ratios. This document can be accessed here: https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards.
Both the level 2 and level 3 criteria include knowledge of rest and sleep provision, with level 3 also including use of equipment, furniture and materials safely with regard for sleep safety.
In September 2024, the department worked in collaboration with The Lullaby Trust to produce guidance which is available on the Foundation Years platform at: https://www.foundationyears.org.uk/2024/09/safer-sleeping-practices-for-early-years-educators/. This covers a variety of areas including sleeping products which are not suitable for babies, suitable sleeping surfaces for babies and safe use of blankets.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department plans to issue new guidance to early years providers on the use of sleep products not suitable for infants under two years of age.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The early years foundation stage (EYFS) statutory framework which all early years providers are required to follow includes a requirement for babies to be placed down to sleep in line with the latest government safety guidance. This guidance can be accessed here: https://www.nhs.uk/conditions/sudden-infant-death-syndrome-sids/.
Ofsted inspects early years settings against the EYFS requirements. Early years providers failing to follow safer sleep practice in line with this guidance would be in breach of the requirements and subject to enforcement action.
The early years qualification requirements and standards document sets out the minimum qualification requirements, including the qualifications criteria at levels 2 and 3, that staff must meet to be recognised as level 2, level 3 or level 6 members of staff for the purpose of working within the EYFS staff:child ratios. This document can be accessed here: https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards.
Both the level 2 and level 3 criteria include knowledge of rest and sleep provision, with level 3 also including use of equipment, furniture and materials safely with regard for sleep safety.
In September 2024, the department worked in collaboration with The Lullaby Trust to produce guidance which is available on the Foundation Years platform at: https://www.foundationyears.org.uk/2024/09/safer-sleeping-practices-for-early-years-educators/. This covers a variety of areas including sleeping products which are not suitable for babies, suitable sleeping surfaces for babies and safe use of blankets.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department plans to make safer sleep training mandatory for early years staff working with babies under two years old.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The early years foundation stage (EYFS) statutory framework which all early years providers are required to follow includes a requirement for babies to be placed down to sleep in line with the latest government safety guidance. This guidance can be accessed here: https://www.nhs.uk/conditions/sudden-infant-death-syndrome-sids/.
Ofsted inspects early years settings against the EYFS requirements. Early years providers failing to follow safer sleep practice in line with this guidance would be in breach of the requirements and subject to enforcement action.
The early years qualification requirements and standards document sets out the minimum qualification requirements, including the qualifications criteria at levels 2 and 3, that staff must meet to be recognised as level 2, level 3 or level 6 members of staff for the purpose of working within the EYFS staff:child ratios. This document can be accessed here: https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards.
Both the level 2 and level 3 criteria include knowledge of rest and sleep provision, with level 3 also including use of equipment, furniture and materials safely with regard for sleep safety.
In September 2024, the department worked in collaboration with The Lullaby Trust to produce guidance which is available on the Foundation Years platform at: https://www.foundationyears.org.uk/2024/09/safer-sleeping-practices-for-early-years-educators/. This covers a variety of areas including sleeping products which are not suitable for babies, suitable sleeping surfaces for babies and safe use of blankets.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment she has made of the (a) capacity and (b) preparedness of early years providers to safely care for babies under 12 months in the context of the expansion of funded childcare.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The department’s priority is to grow high-quality education and care for children, whilst ensuring their safety, in order to give every child the best start in life. We continually monitor and review safeguarding requirements for early years settings to make sure children are kept as safe as possible.
In September 2025, subject to parliamentary procedure the department will be introducing changes to the safeguarding requirements of the early years foundation stage (EYFS) statutory framework which all early years settings must follow. The framework can be accessed here: https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2.
This includes requirements which will help keep babies under 12 months as safe as possible, such as a new safer eating section, which includes a requirement to have ongoing discussions with parents and/or carers in regard to introducing solid foods.
Last year, in collaboration with The Lullaby Trust the department produced safer sleep guidance which is available on the Foundation Years, which can be accessed here: https://www.foundationyears.org.uk/2024/09/safer-sleeping-practices-for-early-years-educators/. This covers a variety of areas including sleeping products which are not suitable for babies, suitable sleeping surfaces for babies and safe use of blankets.
The department also produced guidance with the National Society for the Prevention of Cruelty to Children on supporting distressed babies, available at: https://www.foundationyears.org.uk/2025/01/responding-to-babies-cries-a-guide-for-early-years-educators/, and the importance of positive interactions on baby brain development, available at: https://www.foundationyears.org.uk/2025/01/the-importance-of-positive-interactions-on-baby-brain-development/. These support providers with developing enriching relationships with the babies in their settings, by recognising their social cues and responding appropriately.
The department has already seen a strong response from the early years sector following the introduction of the new entitlement, the latest stage of which was the expansion to 15 hours for eligible children under two in September 2024. 2023 to 2024 saw nearly three times the growth in places (44,000 compared to 15,000) and more than 1.5 times the growth in staff (20,000 compared to 13,000) working in early years compared to 2022 to 2023, showing the early years market is responding positively to the demand. Continuing this growth ahead of September 2025 will allow more families to benefit from the expansion.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will require Ofsted inspectors to undertake specialist training in safe sleep practices for infants during qualifications to inspect early years settings.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The department’s priority is to grow high-quality, affordable and flexible education and care for children, whilst ensuring their safety, giving every child the best start of life and delivering on our Plan for Change. We continually monitor and review safeguarding requirements for early years settings to make sure children are kept as safe as possible.
The department sets the standards which early years settings such as nurseries must follow, these are set out in the early years foundation stage (EYFS) statutory framework and can be found at the following link: https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2. The department also sets policy on inspection and registration, but how it is implemented is for Ofsted to decide whilst remaining accountable to Parliament.
The decision to install and use camera surveillance equipment in a nursery is a matter for individual providers to determine based on their own risk assessment and policies.
Ofsted can carry out any early years inspection without notice and these usually take place due to previous inadequate judgements or as a result of risk assessments after concerns have been raised.
In September 2025, subject to Parliamentary procedure we will be introducing changes to the EYFS safeguarding requirements. This includes new requirements around whistleblowing, to help ensure that all early years educators understand when and how to escalate any safeguarding concerns. Further information can be found here: https://www.gov.uk/government/consultations/early-years-foundation-stage-eyfs-safeguarding.
Ofsted’s early years inspectors are early years professionals with relevant knowledge of safer sleep practice and can assess a provider’s adherence to the relevant suitability and safer sleeping requirements in the EYFS.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, whether she plans to require Ofsted inspectors to review CCTV footage in assessments of infant sleep safety practices during inspections of early years settings.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The department’s priority is to grow high-quality, affordable and flexible education and care for children, whilst ensuring their safety, giving every child the best start of life and delivering on our Plan for Change. We continually monitor and review safeguarding requirements for early years settings to make sure children are kept as safe as possible.
The department sets the standards which early years settings such as nurseries must follow, these are set out in the early years foundation stage (EYFS) statutory framework and can be found at the following link: https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2. The department also sets policy on inspection and registration, but how it is implemented is for Ofsted to decide whilst remaining accountable to Parliament.
The decision to install and use camera surveillance equipment in a nursery is a matter for individual providers to determine based on their own risk assessment and policies.
Ofsted can carry out any early years inspection without notice and these usually take place due to previous inadequate judgements or as a result of risk assessments after concerns have been raised.
In September 2025, subject to Parliamentary procedure we will be introducing changes to the EYFS safeguarding requirements. This includes new requirements around whistleblowing, to help ensure that all early years educators understand when and how to escalate any safeguarding concerns. Further information can be found here: https://www.gov.uk/government/consultations/early-years-foundation-stage-eyfs-safeguarding.
Ofsted’s early years inspectors are early years professionals with relevant knowledge of safer sleep practice and can assess a provider’s adherence to the relevant suitability and safer sleeping requirements in the EYFS.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will require early years providers to demonstrate how they (a) assess and (b) manage risks associated with infant sleep practices.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The early years foundation stage (EYFS) statutory framework which all early years providers are required to follow includes a requirement for babies to be placed down to sleep in line with the latest government safety guidance. This guidance can be accessed here: https://www.nhs.uk/conditions/sudden-infant-death-syndrome-sids/.
Ofsted inspects early years settings against the EYFS requirements. Early years providers failing to follow safer sleep practice in line with this guidance would be in breach of the requirements and subject to enforcement action.
The early years qualification requirements and standards document sets out the minimum qualification requirements, including the qualifications criteria at levels 2 and 3, that staff must meet to be recognised as level 2, level 3 or level 6 members of staff for the purpose of working within the EYFS staff:child ratios. This document can be accessed here: https://www.gov.uk/government/publications/early-years-qualification-requirements-and-standards.
Both the level 2 and level 3 criteria include knowledge of rest and sleep provision, with level 3 also including use of equipment, furniture and materials safely with regard for sleep safety.
In September 2024, the department worked in collaboration with The Lullaby Trust to produce guidance which is available on the Foundation Years platform at: https://www.foundationyears.org.uk/2024/09/safer-sleeping-practices-for-early-years-educators/. This covers a variety of areas including sleeping products which are not suitable for babies, suitable sleeping surfaces for babies and safe use of blankets.
Asked by: Tom Morrison (Liberal Democrat - Cheadle)
Question to the Department for Education:
To ask the Secretary of State for Education, what steps her Department is taking to ensure Ofsted inspections of early years settings adequately assess adherence to safe sleep guidance for babies under two years old.
Answered by Stephen Morgan - Parliamentary Under-Secretary (Department for Education)
The department’s priority is to grow high-quality, affordable and flexible education and care for children, whilst ensuring their safety, giving every child the best start of life and delivering on our Plan for Change. We continually monitor and review safeguarding requirements for early years settings to make sure children are kept as safe as possible.
The department sets the standards which early years settings such as nurseries must follow, these are set out in the early years foundation stage (EYFS) statutory framework and can be found at the following link: https://www.gov.uk/government/publications/early-years-foundation-stage-framework--2. The department also sets policy on inspection and registration, but how it is implemented is for Ofsted to decide whilst remaining accountable to Parliament.
The decision to install and use camera surveillance equipment in a nursery is a matter for individual providers to determine based on their own risk assessment and policies.
Ofsted can carry out any early years inspection without notice and these usually take place due to previous inadequate judgements or as a result of risk assessments after concerns have been raised.
In September 2025, subject to Parliamentary procedure we will be introducing changes to the EYFS safeguarding requirements. This includes new requirements around whistleblowing, to help ensure that all early years educators understand when and how to escalate any safeguarding concerns. Further information can be found here: https://www.gov.uk/government/consultations/early-years-foundation-stage-eyfs-safeguarding.
Ofsted’s early years inspectors are early years professionals with relevant knowledge of safer sleep practice and can assess a provider’s adherence to the relevant suitability and safer sleeping requirements in the EYFS.