Asked by: Crispin Blunt (Independent - Reigate)
Question to the Department for Education:
To ask the Secretary of State for Education, with reference to the national secular society report entitled how state school admissions policies enable coercive control in religious communities, published in February 2023, whether she has made an assessment of the implications for her policies of that report's findings on admissions requirements for state-funded faith schools.
Answered by Nick Gibb
Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.
The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.
The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.
The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.
In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.
Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.
The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will make an assessment of the potential merits of removing admissions exemptions that allow faith schools to select pupils based on the religious beliefs and practices of parents.
Answered by Nick Gibb
Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.
The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.
The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.
The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.
In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.
Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.
The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Department for Education:
To ask the Secretary of State for Education, what guidance her Department issues to faith schools on the implications of the UK's human rights obligations under international law for their admissions policies.
Answered by Nick Gibb
Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.
The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.
The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.
The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.
In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.
Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.
The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment she has made of the impact of faith schools setting admissions criteria relating to families' private lives on those families.
Answered by Nick Gibb
Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.
The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.
The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.
The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.
In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.
Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.
The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will take steps to ban school admissions policies that require women to dress modestly.
Answered by Nick Gibb
Like all other mainstream state funded schools, schools designated with a religious character, commonly known as faith schools, must admit all children who apply, without reference to faith, where there are places available. Where they are oversubscribed, they may give priority for places to applicants on the basis of faith. No parent is required to provide information on their membership or practice of the faith when applying to a faith school, although they may not then be eligible for priority under any faith oversubscription criteria.
The Department does not intend to remove faith schools’ ability to set faith-based oversubscription criteria. Faith-based oversubscription criteria provide a means to support parents to have their children educated in line with their religious and philosophical beliefs, where they wish to do so.
The admission authority of a faith school is responsible for setting their admission arrangements and deciding whether or not to use faith-based oversubscription criteria.
The Department issues the statutory School Admissions Code which applies to all mainstream state funded schools, including faith schools, and places requirements on admission authorities about their arrangements and what they may ask from parents as part of the admissions process. The Code also signposts other relevant laws which admission authorities must comply with, including the Human Rights Act 1998.
In constructing any faith oversubscription criteria, a faith school’s admission authority must have regard to any guidance from the body or person representing the religion or religious denomination, to the extent that the guidance complies with the Code. They must also consult with the religious body when deciding how membership or practice of the faith is to be demonstrated. Ultimately, the admission authority must ensure its arrangements comply with the Code and other relevant legislation, including the Human Rights Act 1998 and the Equality Act 2010.
Anyone who is concerned that a school’s admission arrangements are unfair or unlawful is encouraged to refer an objection to the independent Schools Adjudicator, whose decision is binding and enforceable. The Government does not routinely make an assessment of the impact of individual faith schools’ admissions criteria. All legislation, including admissions law, must be compatible with equalities and human rights law.
The Department has no current plans to introduce more specific requirements for faith school admissions beyond those already set out in law. The Department routinely considers reports and guidance from stakeholders and other bodies, such as the report issued by the National Secular Society. All such information helps to inform future policy development.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask His Majesty's Government, further to the written answer by Baroness Barran on 9 March (HL5960), what further checks they have made to the 81 settings that claimed to have changed their operations; what steps they have taken to ensure that the 21 settings that have closed their operations have not reopened in another location; what powers local authorities have to close settings that are not compliant with safeguarding requirements; and whether, in the consultation to be launched later this year, they will seek to define "school" so as to enable Ofsted to close unsatisfactory settings more speedily.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
It is a criminal offence under Section 96 of the Education and Skills Act 2008 to conduct an independent school which is not registered with the Department. Her Majesty’s Chief Inspector of Schools (HMCI) may, under Section 97 of that Act, inspect without notice any setting which they have 'reasonable cause to believe' is the site of an unregistered independent school. Settings that have previously been inspected under Section 97 and where the proprietor has been issued with a warning notice are likely to be inspected again under Section 97 to check compliance. This includes settings where the second inspection confirms closure or a change to compliant operation. A setting may not be inspected again under Section 97 where HMCI no longer has reasonable cause to believe that an unregistered school is being conducted. This may occur, for example, if the setting has registered as a school and is then subject to inspection as such. Ofsted considers all intelligence it receives about unregistered independent schools and will undertake a Section 97 inspection where it has reasonable cause to believe that an unregistered independent school is operating. This includes where new intelligence is received about previously closed sites or where proprietors that have received warning notices may be operating on alternative sites.
The department has consulted on expanding the categories of full-time institutions that will be regulated in the same way as independent schools, as well as defining what is ’full-time’ for these purposes. Following this consultation, the government intends to legislate in this area at the next available opportunity.
Local authorities have overarching responsibility for safeguarding children and young people in their area, whether these children attend a school (either registered or unregistered), or an out-of-school setting (a setting not offering full-time education). They have a range of legal powers already in place to support them in this responsibility. The department will continue to work with authorities to ensure they are utilising the existing legal powers available to them. The department will also be reviewing and strengthening our existing guidance for local authorities on unregistered schools and out-of-school settings to support them to do this.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what progress Ofsted has made on the (1) registration, (2) regulation and (3) inspection of religious schools such as (a) madrassas, (b) yeshivas, and (c) Sunday schools where concerns have been raised about the appropriateness of the material being taught to children at such places; and what powers Ofsted has to take action, as necessary.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Out-of-school settings, such as supplementary religious schools, are not regulated under education or childcare law and are therefore not required to register with the department or Ofsted. However, the department remains committed to ensuring that children are safeguarded across all education settings and are working closely with key safeguarding partners, sector representatives, and parent groups to develop proposals for how we might further enhance safeguarding in this sector. The department will look to consult on such proposals later this year. We will be publishing updated safeguarding guidance for providers and parents, as well as a new e-learning package aimed at strengthening providers’ understanding of the arrangements they should have in place to keep children safe.
Any education setting which makes full-time provision to five or more pupils of compulsory school age (or one or more such pupils who is looked after or has an education, health and care plan), is not maintained by a local authority and is not a non-maintained special school is required to register with the department as an independent school. It is a criminal offence to conduct an educational setting which meets the definition of an independent school if this is not registered with my right hon. Friend, the Secretary of State for Education.
The government has been working proactively since 2016 to identify, investigate and, where appropriate, prosecute those operating unregistered independent schools. Between 1 January 2016 and 31 August 2022, Ofsted issued warning notices to 132 settings that may be operating as unregistered schools (this includes all settings including those with a secular or faith ethos). Of those settings, 81 changed their operation to comply with legislation, 21 closed and 16 registered. There have been six successful prosecutions against those operating unregistered schools and there are several ongoing investigations.
If safeguarding concerns are raised about a specific setting, we expect local authorities to intervene, as they are legally responsible for safeguarding and promoting the welfare of children in their areas, regardless of the educational setting they attend.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment she has made of the potential role of catholic schools in levelling up.
Answered by Nick Gibb
The Department supports schools with a religious character. They add to the diversity of the school system, they are popular with parents both with and without a faith, and they typically deliver high standards of education for their pupils. They also have an important role to play in supporting levelling up, by providing high quality school places throughout the country.
The Department recognises that some groups, including the Catholic Church, feel unable to participate in the free schools programme because of the 50% cap on faith admissions.
The Department is committed to ensuring that all providers of schools with a religious character remain able to open new schools once all schools are in academy trusts and, as such, will continue to keep the 50% cap under review. The Department regularly discusses the matter with groups who provide schools with a religious character, including the Catholic Church.
There are two mainstream Catholic schools in the Rother Valley Constituency, 296 in London and 1,955 in England.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Department for Education:
To ask the Secretary of State for Education, what recent discussions she has had with (a) faith schools, (b) faith leaders and (c) Cabinet colleagues on the potential merits of removing the 50 per cent rule.
Answered by Nick Gibb
The Department supports schools with a religious character. They add to the diversity of the school system, they are popular with parents both with and without a faith, and they typically deliver high standards of education for their pupils. They also have an important role to play in supporting levelling up, by providing high quality school places throughout the country.
The Department recognises that some groups, including the Catholic Church, feel unable to participate in the free schools programme because of the 50% cap on faith admissions.
The Department is committed to ensuring that all providers of schools with a religious character remain able to open new schools once all schools are in academy trusts and, as such, will continue to keep the 50% cap under review. The Department regularly discusses the matter with groups who provide schools with a religious character, including the Catholic Church.
There are two mainstream Catholic schools in the Rother Valley Constituency, 296 in London and 1,955 in England.
Asked by: Alexander Stafford (Conservative - Rother Valley)
Question to the Department for Education:
To ask the Secretary of State for Education, how many catholic schools there are in (a) Rother Valley constituency, (b) London and (c) England.
Answered by Nick Gibb
The Department supports schools with a religious character. They add to the diversity of the school system, they are popular with parents both with and without a faith, and they typically deliver high standards of education for their pupils. They also have an important role to play in supporting levelling up, by providing high quality school places throughout the country.
The Department recognises that some groups, including the Catholic Church, feel unable to participate in the free schools programme because of the 50% cap on faith admissions.
The Department is committed to ensuring that all providers of schools with a religious character remain able to open new schools once all schools are in academy trusts and, as such, will continue to keep the 50% cap under review. The Department regularly discusses the matter with groups who provide schools with a religious character, including the Catholic Church.
There are two mainstream Catholic schools in the Rother Valley Constituency, 296 in London and 1,955 in England.