Independent Schools Regulation
Schools only have to register if they provide full time education for children of compulsory school age to 5 or more pupils or 1 or more with an EHCP. Read more here.
There is no legal definition of full time in the independent sector although the government has given 18 hours a week as a guide. Much of the investigation of whether a school is full time (and therefore subject to registration and inspection) hinges on the timetable for an individual child, and not on how many hours the school is open.
If the education provided does not include literacy and numeracy but eg is purely religious instruction, then the institution does not have to register as an independent school. The Children’s Wellbeing and Schools Bill – if enacted – will change this, read more here https://edyourself.org/childrens-wellbeing-schools-bill/
Full time independent schools must comply with regulations covering the welfare health and safety of pupils, breadth of curriculum, quality of educational provision, suitability of teaching staff and proprietors, appropriate premises, and record-keeping. Independent schools are inspected either by Ofsted or by other inspectorates approved by the Secretary of State. Since September 2014, independent schools have also been required to actively promote “fundamental British values” and ensure that there is political balance in teaching and other activities.
Illegal Schools
Illegal schools are not the same as unregistered schools because not all establishments have to register. In future with the Children’s Wellbeing and Schools Bill this may change https://edyourself.org/childrens-wellbeing-schools-bill/
DfE has a page about regulating independent schools which can be found here. It includes links to Prosecuting Unregistered Independent Schools and Unregistered Schools and Out of School Settings.
Ofsted publishes information on unregistered schools twice a year (latest statistics October 2024) There have been 6 prosecutions, with a total of 19 convictions [see Table 6].
In its Annual Report published in December 2024, Ofsted said in relation to suspected illegal and unregistered schools “We have carried out 1,388 investigations and 879 inspections since January 2016. In the 2023/24 academic year, we carried out 192 investigations and 112 inspections.”
Reference to “Ofsted inspections” of illegal schools is quite confusing. It can refer EITHER to an investigation of how many hours a child is being taught, OR to pre-registration inspections where a school is supposedly in the process of registering even though it is already operating. It might even refer to registered schools which repeatedly fail inspections where people believe they should be shut down.
Schools successfully prosecuted to date: Aysha Tuition Centre Sheffield; Rabia School Luton; Freiston Hall, Lincolnshire; Ambassadors High School, Streatham (twice under different name); Al-Istiqamah Learning Centre, Southall
Illegal schools are schools which meet the criteria for registering as independent schools but where the proprietors have opted NOT to register. If they weren’t closed down they would have to make big changes as well as teaching a broader syllabus.
Local councils have no power in law to inspect registers or check individual pupils’ timetables if the school won’t co-operate. The only body which can do this is Ofsted under section 97 powers. This has not prevented Ofsted from blaming councils in the past for not doing enough.
Regulating Part Time Schools
Part 4 of The Education and Skills Act 2008 covers regulation of part-time schools (12.5 hours or 15 hours) in the same way as full-time schools but it only has “prospective” status and successive governments have opted NOT to bring these provisions into force.
Regulating Alternative Provision
In May 2024 the Department for Education proposed new national standards for alternative provision including for children receiving EOTAS via an EHCP. I explain more here https://edyourself.org/unregistered-alternative-provision-new-rules/