Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they made of public opinion on the issue of religious selection in state schools during the process leading to their decision to fund new voluntary aided religious schools.
Answered by Lord Agnew of Oulton
The department undertook an extensive series of activities as part of the Schools that Work for Everyone consultation to understand the variety of opinions relating to faith schools. Having considered the views of respondents, and a range of stakeholder views, the department decided to establish the voluntary-aided capital scheme alongside retaining the 50% cap in faith admissions in faith designated free schools. The statutory process for establishing new voluntary-aided schools has not changed. It remains possible for proposers of any faith or no faith to propose a new voluntary-aided school, and likewise the voluntary-aided capital scheme is open to bids from proposers of all faiths and none.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what evidence, if any, they have that programmes linking schools with each other with homogeneous pupil populations taken from one religious background are as effective at promoting social cohesion and inter-communal trust as fully inclusive schools open to children from a variety of backgrounds.
Answered by Lord Agnew of Oulton
Education has a vital role in promoting integration. That is why the Department for Education is taking forward a number of measures across its portfolio to support the sector to promote integration. We want educational settings that prepare all children, young people and adults to participate fully in life in modern Britain, and equip children and young people with the skills, knowledge and values to become active citizens. All schools and colleges are required to teach a broad and balanced curriculum which promotes the spiritual, moral, social and cultural development of pupils, and to promote our shared values of democracy, rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs.
School linking programmes are an important element of our integration agenda. Providing opportunities for young people to have meaningful interactions with those from different backgrounds helps build understanding of different communities and cultures, fosters more positive attitudes, promotes social cohesion and inter-communal trust. Social mixing and school linking are grounded in contact theory, with studies consistently finding that contact between groups of young people from different backgrounds creates more positive attitudes and can increase cohesion. This is particularly evidenced in recent findings by the University of Bristol and London School of Economics[1].
The Department for Education co-funds, with the Ministry for Housing, Communities and Local Government, The Linking Network which links all kinds of schools to help children explore questions of identity, diversity, equality and community cohesion. The Linking Network uses a data analysis tool to ensure that it is only linking together pupil populations from different backgrounds, including young people of different faiths, ethnicities, socioeconomic backgrounds and from different areas.
Diversity of intake is also important, and that is why we are taking forward our commitment, as set out in the Integrated Communities Action Plan, to develop model admissions arrangements. We have also recently published the Respectful Schools Communities toolkit[2] to help schools be inclusive environments; this self-review and signposting tool supports schools to develop a whole-school approach that promotes respect and discipline.
[1] Burgess, S., and Platt, L. (2018) Inter-ethnic relations of teenagers in England’s schools: the role of school and neighbourhood ethnic composition, Centre for Research and Analysis of Migration (CReAM) Discussion Paper Series, CPD 07/18
[2] https://educateagainsthate.com/school-leaders/?filter=guidance-and-training-school-leaders.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government whether they will consider extending the definition of a school to cover part-time religious settings and expand the powers of entry, inspection and enforcement for local authorities to deal with unregistered schools in the light of recent findings in the London Borough of Hackney of the problems caused by such schools.
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 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.