Clause 41 - Academy schools: duty to follow National Curriculum

Children’s Wellbeing and Schools Bill – in a Public Bill Committee am 11:15 am ar 4 Chwefror 2025.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Question proposed, That the clause stand part of the Bill.

Photo of Edward Leigh Edward Leigh Father of the House of Commons

With this it will be convenient to discuss the following:

New clause 44—Flexibility to not follow the National Curriculum—

“(1) The Education Act 2002 is amended as follows.

(2) In section 79(4), omit from ‘include’ to the end of paragraph (a).

(3) In section 80—

(a) in subsection (1)(b), omit ‘known as’ and insert ‘which may be, or include,’;

(b) after subsection (1), insert—

‘(1A) Any curriculum taught under subsection (1)(b) which is not the National Curriculum for England must not be of a lower standard than the National Curriculum for England.

(1B) All curriculums must be assessed by the Chief Inspector to be of high quality.’.

(4) In section 88—

(a) in subsection (1), omit from ‘that the’ to ‘is implemented’ and insert ‘a balanced and broadly based curriculum’;

(b) in subsection (1A), omit from ‘that the’ to ‘are implemented’ and insert ‘appropriate assessment arrangements

This new clause would allow local authority maintained schools to offer a curriculum that is different from the national curriculum but that is broad and balanced. It extends academy freedoms over the curriculum to maintained schools.

New clause 53—Exemption from requirement to follow National Curriculum in the interests of improving standards—

“In the Education Act 2002, after section 95 (Appeals against directions under section 93 etc) insert—

‘95A Exception in the interests of improving standards

Where the proprietor of an Academy school or a local authority maintained school believes that the raising of standards in the school would be better served by the school’s curriculum not including the National Curriculum, any provisions of this Act or any other Act do not apply so far as they require the school’s curriculum to include or follow the National Curriculum.’”

New clause 54—Exemption from requirement to follow National Curriculum where Ofsted approves curriculum—

“In the Education Act 2002, after section 95 (Appeals against directions under section 93 etc) insert—

‘95A Exemption where Ofsted certifies curriculum as broad and balanced

Where—

(a) the proprietor of an Academy school or a local authority maintained school believes that the raising of standards in the school would be better served by the school’s curriculum not including the National Curriculum, and

(b) His Majesty’s Chief Inspector has, within the previous ten years, certified that the school provides its pupils with a broad and balanced curriculum,

any provisions of this Act or any other Act do not apply so far as they require the school’s curriculum to include or follow the National Curriculum.’”

New clause 65—Flexibility to take into account local circumstances when following the National Curriculum—

“In section 87 of the Education Act 2002 (establishment of the National Curriculum for England by order), after subsection (1) insert—

‘(1A) In any revision to the National Curriculum for England, the Secretary of State must ensure that the National Curriculum shall consist of—

(a) a core framework; and

(b) subjects or areas of learning outside the core framework that allow flexibility for each school to take account of their specific circumstances.’”

This new clause would clarify that, when revised, the National Curriculum for England will provide a core framework as well as flexibility for schools to take account of their own specific circumstances.

New clause 66—Parliamentary approval of revisions of the National Curriculum—

“In section 87 of the Education Act 2002 (establishment of the National Curriculum for England by order), after subsection (3) insert—

‘(3A) An order made under this section revising the National Curriculum for England shall be subject to the affirmative procedure

This new clause would make revisions to the National Curriculum subject to parliamentary approval by the affirmative procedure.

Photo of Catherine McKinnell Catherine McKinnell Minister of State (Education)

Parents and children have a right to expect that every child will receive a core education that builds the knowledge, skills and attributes they need to thrive, regardless of the school they attend. Our reforms will create a richer, broader curriculum that will ensure that children are prepared for life, work and the future. We want all children to benefit from the reformed curriculum, so the clause will introduce a requirement for academies to follow the national curriculum in the same way as maintained schools.

That does not mean prescribing every last detail of what is taught and how. The reformed curriculum will allow all schools plenty of scope for innovation. It will be designed to empower, not restrict, academies and other schools, and will ensure that teachers have the flexibility to adapt to the needs of their pupils. The measures will be commenced only after the independent curriculum and assessment review has concluded and we have responded to its recommendations and developed a reformed curriculum. The clause will give every child guaranteed access to a cutting-edge curriculum that will provide an excellent foundation in reading, writing and maths, and ensure that they leave compulsory education ready for life and ready for work. I hope the Committee agrees that the clause should stand part of the Bill.

New clause 44 was tabled by the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich. G. K. Chesterton famously said, “You should never take down a fence until you know why it was put up.” The national curriculum was established in the late 1980s to ensure that children receive a broad, high-quality education. It provides a strong foundation, regardless of background or the school attended. It is not about meeting an abstract standard; it is about making sure that all children have access to the knowledge and skills necessary to thrive in society and the economy of the future. The national curriculum also enables credible national qualifications, facilitates smoother school transitions and supports accountability.

However, it is not, and was never intended to be, prescriptive. Kenneth Baker—now Lord Baker—said when introducing the national curriculum:

“We want to build upon…the professionalism of the many fine and dedicated teachers throughout our education system… The national curriculum will provide scope for imaginative approaches developed by our teachers.”

Much has changed since then, but that principle still very much applies. By taking away that curriculum fence, the new clause could undermine the consistency and equity of education across state-funded schools at a time when we are trying to assure it. Allowing maintained schools to deviate from the national curriculum could lead to a more fragmented system, in which the quality and content of education varies widely. It was that problem, and the lack of transparency in and accountability for what our children were being taught, that led to the curriculum fence being erected in the first place. We must not return to curriculum decisions being taken in what James Callaghan famously called a “secret garden”.

As drafted, the new clause could also place an unimaginable burden on Ofsted to assess the curriculum of any school deviating from the national curriculum to ensure high quality. Intentionally or otherwise, the new clause would also remove the requirement to deliver national curriculum assessments, including the phonics screening check and SATs. That would undermine key quality measures, making it harder for parents to compare how well schools teach pupils and harder for schools to be held to account. On that basis, I invite the hon. Members not to press the new clause to a vote.

New clause 53, also tabled by the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich—

The Chair adjourned the Committee without Question put (Standing Order No. 88).

Adjourned till this day at Two o’clock.