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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what discussions they have had in the past 12 months with the Children's Commissioner, the Crown Prosecution Service, the Local Government Association and Chief Constables about unregistered schools; and what suggestions, if any, these parties have made for tackling the issues raised by unregistered schools.
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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what evidence they have of whether unregistered schools are failing to provide children with a broad and balanced curriculum as provided for in legislation.
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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what discussions they have had with Christian, Jewish and Muslim religious leaders in the past 12 months about the issue of unregistered schools.
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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what estimates they have made of the number of unregistered schools that serve (1) the strictly orthodox Charedi Jewish community; (2) Christian sects outside the established churches; and (3) those with Islamic beliefs.
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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government how many children were receiving home education in each of the last 12 months for which figures are available; and what arrangements are in place to ensure that this education enables children to experience a broad and balanced curriculum as required by legislation.
Answered by Lord Agnew of Oulton
No information is collected centrally on the numbers of children in England being educated at home.
Under section 7 of the Education Act 1996, parents are responsible for ensuring that a child of compulsory school age receives an efficient full-time education suitable to his or her age, ability, aptitudes, also any special educational needs and disabilities that the child has.
There is no specific legal requirement for a ‘broad and balanced curriculum’ and parents who educate children at home have freedom to devise their own curriculum and pedagogical approach. Local councils have a duty to identify, so far as possible, children who are not receiving an education which meets the requirements in section 7, and as part of that process will consider the educational provision made when it appears that it may not be suitable for the child in question.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what action they intend to take following the recent concerns expressed by the Head of Ofsted about children being brought up in environments actively hostile to British values; and whether they consider that those concerns apply both to registered and unregistered schools, and other educational settings such as madrassahs.
Answered by Lord Agnew of Oulton
The Government published a Counter Extremism Strategy in 2015, which set out plans to introduce a new system of oversight for out-of-school education settings – such as supplementary schools, tuition centres and madrassahs. The Strategy recognised that most of these settings can provide useful support to children, but also noted that the lack of oversight of these settings, and limited information about the practices within them, illustrating the risks of them being exploited by extremists.
Local councils have an overarching responsibility for safeguarding and promoting the welfare of all children in their area, regardless of where they are educated. It is for them to assess whether the threshold for intervention is met in the case of an individual child taking account of the impact and influence of environmental factors. However, 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. Local councils should make whatever enquiries necessary to decide what, if any, action to take to safeguard or promote the child’s welfare. The police can, of course, investigate any reports that a crime has been committed in an out-of-school education setting.
National statistics are not held on the number of madrassahs or children attending them but we are working closely with local councils to improve our understanding of the range of out-of-school education settings.
Children are not required to attend school. Parents have a right to educate their children at home but must provide a suitable full-time education if the child is of compulsory school age. Parents who home educate must ensure that their child receives efficient, full-time education suitable to the child's age, ability and aptitude, and any special educational needs the child may have. They are not, however, required to, observe school hours, days or terms.
Parents are not obliged to provide the teaching themselves and may access services from other providers, including out-of-school education settings, but the responsibility for ensuring that their child receives a suitable education and is properly safeguarded, remains with them.
The Department ran a call for evidence on out-of-school education settings, inviting interested education providers, local councils, other organisations and individuals to help us broaden our evidence base. We will publish our analysis of responses in due course.
All schools have a duty to actively promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs. We are supporting schools to meet their obligations to protect pupils from radicalisation, and to help them build pupils’ resilience to extremism through knowledge and critical skills so they can question information, weigh arguments, and make reasoned judgments.
Ofsted have strengthened their inspection frameworks so that inspectors assess how well schools protect pupils from the risks of extremism and radicalisation, and promote fundamental British values.
We work closely with Ofsted to investigate allegations of extremism in schools and take appropriate action to ensure pupils are safeguarded from extremist and intolerant views.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the Written Answers by Lord Nash on 13 September (HL1358 and HL1359), whether they intend to publish a summary of the evidence they have received following their call for evidence on a possible new system of oversight for out-of-school education settings; and whether this evidence suggests concern about the impact of madrassahs on children's welfare.
Answered by Lord Agnew of Oulton
The Government published a Counter Extremism Strategy in 2015, which set out plans to introduce a new system of oversight for out-of-school education settings – such as supplementary schools, tuition centres and madrassahs. The Strategy recognised that most of these settings can provide useful support to children, but also noted that the lack of oversight of these settings, and limited information about the practices within them, illustrating the risks of them being exploited by extremists.
Local councils have an overarching responsibility for safeguarding and promoting the welfare of all children in their area, regardless of where they are educated. It is for them to assess whether the threshold for intervention is met in the case of an individual child taking account of the impact and influence of environmental factors. However, 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. Local councils should make whatever enquiries necessary to decide what, if any, action to take to safeguard or promote the child’s welfare. The police can, of course, investigate any reports that a crime has been committed in an out-of-school education setting.
National statistics are not held on the number of madrassahs or children attending them but we are working closely with local councils to improve our understanding of the range of out-of-school education settings.
Children are not required to attend school. Parents have a right to educate their children at home but must provide a suitable full-time education if the child is of compulsory school age. Parents who home educate must ensure that their child receives efficient, full-time education suitable to the child's age, ability and aptitude, and any special educational needs the child may have. They are not, however, required to, observe school hours, days or terms.
Parents are not obliged to provide the teaching themselves and may access services from other providers, including out-of-school education settings, but the responsibility for ensuring that their child receives a suitable education and is properly safeguarded, remains with them.
The Department ran a call for evidence on out-of-school education settings, inviting interested education providers, local councils, other organisations and individuals to help us broaden our evidence base. We will publish our analysis of responses in due course.
All schools have a duty to actively promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs. We are supporting schools to meet their obligations to protect pupils from radicalisation, and to help them build pupils’ resilience to extremism through knowledge and critical skills so they can question information, weigh arguments, and make reasoned judgments.
Ofsted have strengthened their inspection frameworks so that inspectors assess how well schools protect pupils from the risks of extremism and radicalisation, and promote fundamental British values.
We work closely with Ofsted to investigate allegations of extremism in schools and take appropriate action to ensure pupils are safeguarded from extremist and intolerant views.