Illegal schools: report your concerns

An estimated 6,000 students are being taught in illegal schools, according to Ofsted.

If a child is removed from your school to be taught at a school which you suspect may be illegal, you should report your concerns to your local authority’s safeguarding team and contact the DfE.

A school has to register if it provides “full-time education to at least five children of compulsory school age, or one child who is looked after by the local authority or has an education, health and care plan”. Failure to register will constitute a criminal offence. Although there is no legal definition of ‘full time’, the DfE would generally consider that pupils taught for at least 18 hours per week will be deemed to be in full-time education.

A school should submit an application to (and receive approval from) the DfE, before opening as an independent school. The Secretary of State will need to be satisfied that the standards in the schedule to the Education (Independent School Standards) Regulations will be met by the school, if and when it opens. These standards include, amongst other things, the quality of education provided, the quality of leadership in the school, the premises of the school and the welfare, health and safety of pupils.

Deregistration means that the school would have to close. A school can also be deregistered if the Secretary of State considers that a pupil at the school is suffering or is likely to suffer ‘significant harm’.

If you would like advice on any of the issues raised in this article, Stone King will be happy to be of assistance.