Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the Written Answer by Lord Agnew of Oulton on 5 January (HL4335), what evidence they have for the statement that “there are far fewer unregistered schools than many had believed to be the case”, in the light of a recent report by the London Borough of Hackney Scrutiny Commission which stated that between 1,000 and 1,500 Charedi boys were in unregistered schools in that Borough; and what assessment they have made of Hackney Council’s findings in this regard.
Answered by Lord Agnew of Oulton
The evidence for the government’s statement is in Her Majesty’s Chief Inspector’s annual report, attached, published in December 2017, which includes statistics about the work of Ofsted’s unregistered schools team. Over an 18 month period, the Ofsted team looked into many possible settings but determined that only 38 of them had been operating as unregistered schools, and secured that, as at August 2017, 34 of those 38 settings ceased operating illegally.
We are aware of the recent findings in the Borough of Hackney, which refer to between 1,000 – 1,500 Charedi boys in out-of-school settings in that borough. The report made clear that these were yeshivas, offering religious teaching, in settings that do not meet the criteria to register as independent schools, but were operating as out-of-school settings.
The government’s Counter Extremism Strategy, published in 2015, set out plans to introduce a new system of oversight for out-of-school settings which teach children intensively, including part-time religious settings. We undertook a call for evidence to learn more about the range of settings, and to determine the potential scope and impact of introducing a regulatory system.
As well as considering the views of those that responded to the call for evidence, the department has been working with a range of stakeholders to strengthen our understanding of these settings, which vary considerably in their characteristics and the activities and education they offer. We will make an announcement on the outcome shortly.
It is Ofsted, rather than local authorities, that have powers in relation to unregistered schools, to collect evidence to support prosecutions. The department and Ofsted operate a joint team on unregistered schools and work together closely on all relevant issues, including on the extent of Ofsted’s powers, which are always kept in view.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the Written Answer by Lord Agnew of Oulton on 5 January (HL4335), what steps they are taking to ensure that the 34 unregistered schools that ceased to operate as a result of Ofsted action will not re-establish themselves elsewhere, given that no operators of the illegal closed schools were prosecuted.
Answered by Lord Agnew of Oulton
In most cases, proprietors voluntarily complied with the law following the inspection by Ofsted, either by closing completely or by reducing their operation to a lawful part time provision. Some settings also went on to register as independent schools, so that they could legitimately re-open or increase their hours to full-time. Ofsted carries out further inspections without notice where it has reasonable cause to believe that an unregistered independent school continues to operate, either at the same premises or if it has re-established elsewhere. The Ofsted team draws significantly on local knowledge, from the local authority and other sources, on where such settings may be operating. The Department for Education/Ofsted joint team works together closely on all these issues. This remains a high priority for both the government and Ofsted.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what steps they are taking to protect the Chief Inspector of Schools and her staff and offices in the light of threatened attacks following Ofsted's criticism of faith-based schools.
Answered by Lord Agnew of Oulton
It is imperative that Her Majesty’s Chief Inspector and her staff feel able to carry out their responsibilities and report their findings without fear or favour. The Cabinet Office sets security policy for government, which all departments, including Ofsted, follow. Any concerns that Her Majesty’s Chief Inspector or her staff have regarding their personal safety or building security would in the first instance, be discussed with the police who would consider the nature of any threats, provide appropriate security advice and recommend any further measures.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what steps they intend to take to strengthen Ofsted’s powers to prosecute and close illegal unregistered schools following comments by the Chief Inspector of Schools in her annual report that the current legislation is inadequate; and what guidance they will provide to local authorities regarding steps that can be taken against such schools using (1) health and safety provisions, and (2) child protection measures.
Answered by Lord Agnew of Oulton
The department does not have primary legislation scheduled for this session, therefore the government has no current plans to change Ofsted’s powers in relation to the investigation of unregistered schools.
In January 2016 we announced that we were providing funding to Ofsted to establish a dedicated team of specialist inspectors to investigate such settings. The figures published in Her Majesty’s Chief Inspector’s annual report shows that the work of this team has been highly successful, but the figures also demonstrate that there are far fewer unregistered schools than many had believed to be the case. During a period of one and a half years, from January 2016 to August 2017, the Ofsted team found 38 unregistered schools to be operating; and the team was successful in getting 34 of those 38 to cease operating illegally. The remaining 4 were still under investigation as at August 2017.
The department, working with Ofsted and local authority Directors of Childrens Services, has been drawing up guidance for local authorities on how to tackle unregistered schools. We are expecting to be publishing this guidance in due course.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government whether conduct by a parent preventing a child from attending an inspected state or independent school for religious or other reasons is a factor taken into account in determining whether a child is at risk; if so, what other criteria are applied to decisions in those circumstances; and what guidance they have issued to local authorities regarding this matter.
Answered by Lord Agnew of Oulton
Wherever local councils have reasonable cause to suspect that a child is suffering, or likely to suffer, significant harm, they are under a duty to investigate. While a parent preventing a child from attending school for the reasons outlined is not in itself evidence of a child being at risk, local councils may assess whether, when linked to a number of other factors, it may contribute to a decision that the child is at risk. The statutory guidance, Working Together to Safeguard Children (2015) sets out the principles and parameters of a good assessment, which should take account of the impact and influence of family and environmental factors.
Under the Children Act 1989, local councils have a responsibility to provide services for the purposes of safeguarding children and promoting their welfare. It is important that every local council has clear criteria for taking action and providing help across the full continuum of need.
In September 2016 we published updated statutory guidance on ‘Children Missing Education’ and ‘Keeping Children Safe in Education’. The new guidance reinforces the roles and responsibilities of schools and local councils when it comes to working together to prevent children missing education. Children missing education are at significant risk of underachieving, being victims of harm, exploitation or radicalisation, and becoming not in education, employment or training later in life.
This risk will not apply to all children withdrawn from school and educated at home, as those receiving good home education would not be “missing” education.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what guidance they have given local authorities regarding whether the attendance of a child at an unregistered school would mean a child would be considered to be at risk.
Answered by Lord Agnew of Oulton
Section 96 of the Education and Skills Act 2008 makes it an offence for any person to conduct an unregistered independent school. The maximum penalty for the offence is imprisonment for a term not exceeding six months, a fine for which there is no maximum, or both.
The Government has been working with Directors of Children’s Services on the issue of unregistered schools and in collaboration with them, and with Ofsted, have drawn up guidance on joint working between Ofsted, the Department and local councils on tackling unregistered schools. We intend to publish the guidance before the end of the calendar year. Local councils have overarching responsibility for safeguarding and promoting the welfare of all children and young people, and, together with local safeguarding children board partners, they should be assessing any risks to children wherever they are educated. Local councils have a duty to investigate where they suspect that a child in their area is suffering, or likely to suffer harm. Where unregistered independent schools are identified, it is likely to be in the children’s best interests, in terms of both education and safety, for them to move as quickly as possible into properly regulated schools.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what is the specific legislative provision that makes it an offence to operate an unregistered school; and what is the maximum penalty for doing so.
Answered by Lord Agnew of Oulton
Section 96 of the Education and Skills Act 2008 makes it an offence for any person to conduct an unregistered independent school. The maximum penalty for the offence is imprisonment for a term not exceeding six months, a fine for which there is no maximum, or both.
The Government has been working with Directors of Children’s Services on the issue of unregistered schools and in collaboration with them, and with Ofsted, have drawn up guidance on joint working between Ofsted, the Department and local councils on tackling unregistered schools. We intend to publish the guidance before the end of the calendar year. Local councils have overarching responsibility for safeguarding and promoting the welfare of all children and young people, and, together with local safeguarding children board partners, they should be assessing any risks to children wherever they are educated. Local councils have a duty to investigate where they suspect that a child in their area is suffering, or likely to suffer harm. Where unregistered independent schools are identified, it is likely to be in the children’s best interests, in terms of both education and safety, for them to move as quickly as possible into properly regulated schools.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government whether conduct by a parent preventing a child from attending an inspected state or independent school for religious or other reasons is recorded as a criminal offence; if so, what other criteria are taken into account before recording such an offence; and what guidance they have issued to (1) police forces, and (2) the Crown Prosecution Service, regarding this matter.
Answered by Lord Agnew of Oulton
Parents have a duty to ensure their child of compulsory school age receives full-time education, either by attendance at school or otherwise. If parents choose to register their child at school, we expect them to ensure that their child attends all sessions required by the school, except where a statutory exception applies.
The statutory exceptions in which a child shall not be taken to have failed to attend school regularly are: where the school has granted leave; where they are unable to attend due to sickness or unavoidable cause; on a day exclusively set apart for religious observance by the religious body to which the parent belongs; or where the local council has failed to fulfil any duty it has to help them get to school.
If, having chosen to register their child at school, parents fail to ensure their child attends school regularly, they may be guilty of an offence, and may be issued with a penalty notice or prosecuted under section 444 of the Education Act 1996.
We provide statutory guidance ‘School behaviour and attendance: parental responsibility measures’, which schools, local councils and the police must have regard to when carrying out duties relating to poor attendance and behaviour in schools.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what guidance they provide to local authorities to ensure that children receiving home education achieve key milestones in their education.
Answered by Lord Agnew of Oulton
Departmental guidance for local councils on elective home education, copy attached, is published at https://www.gov.uk/government/publications/elective-home-education. It gives advice on the legal framework under which education may be provided, and the processes which are relevant for local councils seeking to identify children who may not be receiving a suitable full-time education. However, the guidance document does not set out detailed advice on educational outcomes, because parents have a substantial degree of flexibility in terms of educational content and whether to enter children for examinations. Local councils which assess the educational provision made for a child educated at home need to decide whether it meets the requirement in section 7 of the Education Act 1996, that the education must be suitable to the child’s age, ability and aptitudes, and any special educational needs.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what estimate they have made of the number of children aged five to 16 years old who attend an unregistered state or independent school.
Answered by Lord Agnew of Oulton
National statistics on the number of unregistered schools that serve the faiths stated in the question are not held centrally. Neither are details on the nature of the curriculum. However, we know from Ofsted’s Annual Report 2015/16 that at the time of publication, about a third of the settings inspected were associated with particular faith groups and were found to be deliberately teaching a restricted, faith-based curriculum.
The annual report is available via the attached document. The section on unregistered schools begins at paragraph 251.
The Government has had numerous discussions with a range of faith groups covering a number of matters, but no specific conversations about unregistered schools with the unregistered schools team. Nor have there been specific conversations between the unregistered schools team and the Children’s Commissioner or Chief Constables. However, the unregistered schools team has had a series of meetings with local councils to discuss how they, as well as the Department and Ofsted, can work collaboratively to help ensure children found to be attending unregistered independent schools and out of school settings are safe and are receiving a suitable education. We have kept the Local Government Association informed on progress. We, together with Ofsted, have had regular discussions with the Crown Prosecution Service and are close to agreeing a formal memorandum of understanding, to be published in due course, that sets out how each body discharges its responsibilities in relation to prosecution of cases for the offence of operating an unregistered school.
As reported by Ofsted in its annual report, the Ofsted team has only found a relatively small number of institutions operating as unregistered schools, and most of those have ceased operating.
Ofsted did not include a figure for the number of children in the unregistered schools that they had discovered, but given that the number of such institutions is relatively small, the number of children being educated in them is likely to be limited.