Question to the Department for Education:

To ask the Secretary of State for Education, what steps the Government is taking to ensure that local authorities, Ofsted and safeguarding bodies have the necessary powers to investigate, seize evidence and shut down illegal schools.

It is a criminal offence under section 96 of the Education and Skills Act 2008 to conduct an unregistered independent school. The department and Ofsted continue to investigate any schools, colleges, and universities where intelligence or evidence suggest that this offence is being committed. Section 97 of the act permits no-notice inspections of education providers believed to be operating as an unregistered independent school.

Between 1 January 2016 and 31 August 2021, 850 education providers were investigated leading to 412 inspections. These inspections have led to 114 unregistered schools being identified, and joint work between the department and Ofsted has led to 101 of these schools changing their provision to cease operating unlawfully. In addition, since 2016, 6 successful prosecutions have been brought against groups responsible for operating illegal education providers

The department has previously committed to taking forward measures to make it easier for Ofsted to investigate and gather evidence of breaches of section 96 of the act, and prosecute those responsible for running unregistered schools, including in the 2019 Integrated Communities Action Plan. Such measures are planned to be taken forward when a suitable legislative opportunity arises.