A powerful coalition of England’s leading independent schools is demanding that the Government scale back its new national curriculum for the under-fives, claiming that it violates parents’ human rights by denying them the freedom to choose how they educate their children.

The Independent Schools Council (ISC), which represents 1,280 fee-paying schools educating more than 500,000 children, has written a blistering letter to Beverley Hughes, the Children’s Minister, complaining that the new curriculum will mean that the education of under-fives is subject to greater government interference than that of any other age group.

A leaked copy of the letter, seen by The Times, says that the curriculum, known as the Early Years Foundation Stage framework, will compromise its member schools’ independence. “This clumsy intrusion into the early years’ curriculum of independent schools is both unjustified and unnecessary. More importantly, this interference conflicts with the rights of parents to privacy in their home life, which includes the freedom to choose how they educate their children and to educate them free from the control of the state,” the letter states.

The letter, copied to the Schools Secretary, Ed Balls, also complains that the framework is likely to hold back children’s progress and to lower standards. George Marsh, who is headmaster of Dulwich College Preparatory School in South London and chairman of the Independent Association of Prep Schools, said he was concerned that the framework might eventually herald greater interference in the curriculum for older children.

The framework becomes law in the autumn and will affect all 25,000 nurseries and childcare settings in England, whether they are run by the state, charities or private companies. It sets out up to 500 developmental milestones between birth and primary school and requires under-fives to be assessed on 69 writing, problem solving and numeracy skills.

The framework has come under heavy fire from a number of leading child development experts and academics, including members of the Government’s own early education advisory group.

Some argue that it relies too heavily on formal learning at the expense of free play, while others fear that its formal literacy targets will instill a sense of failure in teachers and children because they are beyond the reach of most under-fives.

There are also fears that the legislation, which requires nursery staff to make constant written observations on children to note their progress, will interfere with teachers’ ability to interact with children.

Ms Hughes has so far resisted any attempts to water down the new curriculum, arguing that standards have to be set high to ensure that children from deprived backgrounds are given the same opportunities for learning in the crucial early years as middle-class children.

She said that the 69 early learning goals were aspirations, and not targets.

The entrance of the ISC into the debate will raise the stakes considerably, not least because the independent schools have chosen parents’ human rights, not just child well-being, as their main point of attack.

Unlike the national curriculum for schools, which does not apply to independent schools, the framework will apply to all pre-school settings.

The letter, signed by Chris Parry, the ISC’s chief executive, outlines a number of other objections to the framework, which will apply to 946 of its member schools, which cater for children up to five years old.

It complains that an anomaly in the legislation will leave independent schools with stricter staffing controls than the state sector, requiring private schools to hire three or four adults for each reception class of 30, compared with one in the state sector.

Mr Parry says: “It seems ridiculous that [the framework] should dictate rules relating to staffing in the independent sector and this prescription smacks of an ideological approach.”

The ISC also complains that the requirements for teachers to produce written observations on each child will result in teachers “acting as time and motion experts hovering around children with clipboards, Post-it notes and cameras to collect ‘evidence’ ”. This will not raise standards, but will “simply distract teachers from their teaching responsibilities”.

Mr Parry says that there was inadequate consultation with ISC members over the new law, adding that the regulatory impact assessment which followed the so-called consultation was “materially misleading”.

ISC schools, the letter adds, have been given contradictory advice from local authorities as to how the framework should be implemented. Some have not been able to get any advice at all. It says that, given this lack of consultation, there should be a 12-month transition period for the implementation of the framework.

A spokesman for the Department for Children, Schools and Families, said that individual parents would have the option of applying for an exemption for their child for some or all of the learning and development requirements of the framework.

He added that the framework was flexible enough to support a wide range of approaches to education.

Times recommends

• Students abandon the drink for gyms and juice
• Ofsted: third of Baby P-style reviews inadequate
• Top boys' school picks first woman head