A mother who has applied on behalf of her child for exemption from the Early Years Foundation Stage (EYFS) in England is believed to be the first parent to challenge the legality of the framework since it was made statutory a year ago. Frances Laing, 45, of Chester, has applied for exemption on behalf of her daughter, who recently turned four. She said she had applied to West Cheshire Council for the exemption last month because she believes the EYFS learning and development goals are harmful to children and go against her daughter’s human rights.

Mrs Laing said, “We have requested an exemption on ethical, educational, moral, philosophical, religious and political grounds.”

She added, “The school has thanked us for our patience. They are apparently following the exemption procedures as explained to them and laid down by the local authority and the Government.

“Our request will go to a school governors' meeting in the first instance. We are clear that the fact that our child has been able to start school does not mean that the school (or the local authority, or the Government) has agreed to our exemption request.

“From what I have gleaned so far, on the face of it, it is up to the school to make the decision on the exemption.”

A spokeswoman for the Department for Children, Schools and Families confirmed that this is the case. She said, “Any application for an exemption from a parent would go to the provider and not to the Department, so it would be for the provider to decide.”

However, Mrs Laing said, “I’m unclear as to how much pressure the school will come under from the local authority and the Government to make a decision which is ‘politically expedient’ – that is, a decision which does not conflict with the so-called ‘rationale’ behind the EYFS learning and development goals.”

On 23 June, Annette Brooke, Liberal Democrat Shadow Children’s Minister, asked Dawn Primarolo, Children’s Minister, for her definition of the term “philosophical convictions” contained in the Early Years Foundation Stage exemption document.

Ms Primarolo replied, “Parents may apply to their early years provider for an exemption in respect of their child, where they consider that the Early Years Foundation Stage learning and development requirements, or some element of them, cannot be reconciled with their religious or philosophical convictions. The term religious and philosophical convictions is a concept that is understood in legal terms and appears in case law, such as that on the European convention on human rights. It refers to a cogent and serious belief-set or conviction worthy of respect in a democratic society."

Mrs Laing said she does not know when she will be told if her appeal for exemption has been successful. She said, “We cannot afford to get education wrong even before our children have started in the system.  

“And right now, the Government has got it wrong and they’re refusing to admit it.”

Mrs Laing has set up a blog detailing her progress at www.parentsguidetoeyfs.wordpress.com.