End unregistered schools

End unregistered schools

Page 17 of 25: All children in all communities have the right to a decent education in safe settings.

Thousands of children are languishing in unregistered faith schools.

These schools prioritise fundamentalist religion over the education and welfare of children.

The scandal of unregistered schools must be addressed.

Some religious institutions operate schools which are not registered with the Department for Education, despite this being a legal requirement.

Schools are left unregistered to avoid regulations and inspections, so they can teach a very narrow, religion-based curriculum without oversight. This severely limits children's future options, as children leave these schools with very poor literacy, no formal qualifications and no skills or experience for life in modern Britain.

The lack of scrutiny also presents major safeguarding concerns. Children have been taught in unsafe conditions and subjected to physical punishment in these schools. The curriculum may also teach extremist, regressive and discriminatory dogma.

In 2019, Ofsted estimated as many as 6,000 children were being educated in unregistered settings. But the number could be even higher. Approximately 86,300 children and young people were electively home educated nationally during the year 2019/20. There is little regulation of home education, so many of these children could in fact be attending an unregistered school.

Some unregistered schools exploit loopholes in the law to avoid registration and operate at the margins of the law as an "out of school educational setting". Although many out of school settings, including tuition centres and supplementary schools, provide an excellence service, a minority put children's welfare at risk.

We are working to end the harms caused by unregistered schools by campaigning for greater powers for Ofsted tackle these settings, the elimination of loopholes to force more schools to register, and improved regulation of elective home education.

Take action!

1. Suspect an unregistered school? Report it!

Unregistered schools are illegal and pose a serious threat to children's wellbeing. If you think you know of a possible unregistered school, please report it to the schools inspectorate Ofsted.

If you are aware of children in imminent danger, please call 999 and inform the police.

2. Share your story

Tell us why you support this campaign, and how you are personally affected by the issue. You can also let us know if you would like assistance with a particular issue.

3. Join us

Become a member of the National Secular Society today! Together, we can separate religion and state for greater freedom and fairness.

Latest updates

DfE U-turn leaves children in out-of-school settings unprotected

DfE U-turn leaves children in out-of-school settings unprotected

Posted: Wed, 11 Apr 2018 13:08

The National Secular Society has criticised the government's "betrayal of children's rights" after it abandoned plans for the compulsory registration of out-of-school education under pressure from faith groups.

In a report published yesterday, the Department for Education said it wanted to ensure it did not place "unnecessary regulatory burdens" on out-of-school educational settings (OOSES) or limit "parents' choices on how to educate their children".

It said it would instead consult on "a voluntary code of practice" which would "set out clear standards for providers, explaining what they need to do in order to run a safe setting".

The report was the department's belated response to a three-month consultation into proposed regulation which took place in 2015-16. The original proposals would have required OOSES such as madrassas and yeshivas which teach more than a set number of hours to provide basic information about themselves. They would also have empowered inspectors to impose sanctions if the OOSES were failing to safeguard children and promote their welfare.

Religious groups' objections were a significant reason for the decision not to adopt the proposals. The consultation received more than 3,000 responses, more than half of which (54.7%) were from faith groups. The report said the "primary cause for concern" over the proposals related to the effect they would have on "out-of-school settings being able to exercise religious and other freedoms".

"Many correspondents" had also said "the enforcement of fundamental British values may inhibit the religious teaching that currently takes place" within the settings.

In its submission the NSS broadly supported the government's "willingness to balance parental rights and religious freedom against children and young people's independent rights and societal interests", while stressing that "any response should be proportionate, evidence-based and be focused through the lens of safeguarding rather than security."

In response to the DfE report NSS chief executive Stephen Evans called the decision not to regulate "shocking".

"The need for better safeguarding of children in supplementary schools, both from exposure to extremism and against physical and sexual abuse, is absolutely clear. The government's alarming decision to pander to religious lobbying and not regulate out-of-school educational settings where children spend a significant amount of time is nothing short of a betrayal of children's rights."

The NSS first raised concerns about supplementary schools with the government in 2011 when research showed over 400 allegations of physical abuse (including 30 of sexual abuse) had been made at Britain's madrassas in the preceding three years – figures that the then chief crown prosecutor for the north-west of England said represented "a significant underestimate".

Since then the society has repeatedly called for action to prevent faith groups from exploiting the lack of regulation of unregistered schools to restrict children's opportunities and promote discriminatory attitudes.

Research by the BBC found that more than 30,000 children went missing from English and Welsh schools for "substantial" periods during the 2014-15 academic year. Education watchdog Ofsted has investigated more than 350 sites suspected of being unregistered schools in the last two years, but has few powers to inspect or close them.

Earlier this year Amanda Spielman, the chief inspector of schools, called for "changes to legislation" to give Ofsted more power to regulate out-of-school provision. She also criticised the Church of England for resisting such changes.

The DfE said it would continue to gather evidence on whether compulsory registration was necessary. It also said it would make £3m available for local authorities, the police, Ofsted and other agencies to target "the small minority of settings which may be exposing children to harmful practices".

Tackling unregistered schools ‘a priority’, says DfE

Tackling unregistered schools ‘a priority’, says DfE

Posted: Thu, 15 Mar 2018 17:01

The Department for Education has said unregistered schools are limiting children's life chances and tackling them is a priority.

In guidance published yesterday the DfE has confirmed that there has been a rise in the number of institutions "operating outside the regulatory regime". It has clarified that "this involves a criminal offence and conduct that may be putting children at risk of harm, denying them a suitable education, and limiting their life chances."

The guidance also sets out how the DfE will work with Ofsted and councils to "ensure that children attending unregistered independent schools and out of school settings, are safe and are receiving a suitable education".

The National Secular Society has lobbied education ministers over many years to tackle the growing problem of unregistered faith schools, which often teach restricted curricula and are not inspected under the independent school standards. The Education and Skills Act 2008 makes it a criminal offence to run an unregistered school. Since then, at least 350 unregistered schools have been set up across Britain according to Ofsted without any proprietors facing prosecution.

Responding to a parliamentary question from NSS honorary associate Jim Fitzpatrick MP this week, the DfE confirmed that since January 2015, two cases were referred to the Crown Prosecution Service (CPS) for early advice following which investigations were discontinued. Two further cases were referred to the CPS for a charging decision. Neither of these cases met the evidential test under the Code for Crown Prosecutors. A further case is currently with the CPS for advice.

NSS faith schools campaigner Alastair Lichten welcomed the new guidance. "We have long argued that all children's rights should be protected, irrespective of their religious or cultural background. However, it is not enough to point to local authorities' safeguarding duties if they do not – as one as a recent report from Hackney Council showed – have the resources and support to tackle unregistered schools."

The guidance says Ofsted will support councils by sharing information on upcoming or possible inspections with children's services. The guidance sets out the powers LAs already have or can use to identify possible unregistered schools and support prosecutions. Ofsted's unregistered school team will be able to invite local authority officers to inspections, where approved by the DfE.

An appendix lists the powers the DfE believes local authorities should be using or considering to tackle illegal unregistered schools. These include their duty and associated powers under the Children Acts 1989 and 2004 to investigate where they believe a child may be put at risk, including through a service provided for the purpose of education. Under the Education Act 1996 local authorities must intervene when it appears parents are not ensuring their children receive an education.

In 2015 the NSS criticised the DfE for not taking action despite knowing of "thousands" of Jewish boys missing from the school rolls in Hackney. The guidance goes on to say that councils can use powers under the Prevent duty to investigate when children attending out of school educational settings (including unregistered schools) may be at risk. Councils can also use their powers to inspect properties under the Fire and Rescue Service Act 2004 – many unregistered schools are situated in unsuitable and unsafe buildings.

In recent months the government appears to have backed down on proposals to regulate supplementary schools providing intensive tuition, following opposition from religious groups, including the Church of England. Later this year they will consult on new voluntary guidance for out of school educational settings. The guidance acknowledges how supplementary schools (which do not need to register) may blur with unregistered schools.

However even without a need to register, the guidance makes clear that councils have a range of powers they can use to "ensure that children attending such settings are properly safeguarded". Ofsted will share relevant intelligence on such supplementary schools with local authorities.

Mr Lichten added: "It is significant that the DfE now recognises that these so-called 'schools' limit children's life chances. We hope in future policy makers will place a greater emphasis on children's rights, even when this risks upsetting a small minority of hardliners within orthodox religious communities."

More information