Became Member: 29th July 1998
Left House: 1st August 2024 (Retired)
Speeches made during Parliamentary debates are recorded in Hansard. For ease of browsing we have grouped debates into individual, departmental and legislative categories.
These initiatives were driven by Lord Warner, and are more likely to reflect personal policy preferences.
A bill to create a right to die at home.
First reading took place on 6 June. This stage is a formality that signals the start of the Bill's journey through the Lords.Second reading - the general debate on all aspects of the Bill - is yet to be scheduled.The 2016-2017 session of Parliament has prorogued and this Bill will make no further progress. A Bill to create a right to die at home.
A bill to create a right to die at home.
A Bill to create a right to die at home
Lord Warner has not co-sponsored any Bills in the current parliamentary sitting
The Prime Minister, the European Commission and the US government have all confirmed that the EU-US Free Trade Agreement will pose no threat to the provision of key UK public services, such as NHS healthcare, and EU countries will be free to decide how they run their public health systems. The agreement could, however, benefit the UK economy by up to £10 billion a year in the long run, and should therefore benefit the public finances as well as businesses and workers. Small businesses in particular will benefit from removing unnecessary barriers to trade.
The EU-US Free Trade Agreement is expected to be a mixed agreement to which the UK will individually be a party. In that case before it can come fully into force, it will be subject to agreement by each Member State. In the UK this does not require legislation, instead Parliament will receive the complete draft text of the agreement and can scrutinise it through debates in both Houses. We will not know for certain whether any implementing legislation will be necessary until the agreement is closer to completion.
The offences under sections 96 and 97 of the Education and Skills Act 2008 came into force, as they relate to independent schools, on 5 January 2015. Since that date two cases have been referred to the Crown Prosecution Service for early investigative advice following which investigations were discontinued. Two further cases have been referred to the Crown Prosecution Service for a charging decision. In both of these latter cases the evidential test under the Code for Crown Prosecutors was not met.
The Crown Prosecution Service has issued legal guidance for Crown Prosecutors on prosecuting criminal offences relating to unregistered schools under sections 96 and 97 of the Education and Skills Act 2008. CPS guidance is publicly available via the CPS website and can be accessed at: www.cps.gov.uk/legal/d_to_g/education/
The offence of operating an unregistered independent educational establishment is created by section 96 of the Education and Skills Act 2008. There is a related offence under section 97 of that Act of intentionally obstructing a person carrying out an inspection where it is believed that an offence under section 96 is being committed.
The Crown Prosecution Service has not prosecuted any cases involving either of these offences.
The information requested falls under the remit of the UK Statistics Authority. I have therefore asked the Authority to respond.
Dear Lord Warner,
As National Statistician and Chief Executive of the UK Statistics Authority, I am responding to your Parliamentary Questions asking how many deaths were recorded in each calendar month of (1) 2018, (2) 2019, and (3) 2020, up to and including August (HL7905); and how many recorded deaths were caused by (1) COVID-19, and (2) any form of cancer, in each calendar month of (a) 2018, (b) 2019, and (c) 2020, up to and including August (HL7906).
The Office for National Statistics (ONS) publishes statistics on deaths in England and Wales. The ONS’ mortality statistics are compiled from information supplied when deaths are certified and registered as part of civil registration. In England and Wales, deaths should ideally be registered within 5 days of the death occurring, but there are some situations that result in the registration of the death being delayed. The ONS has published a report on the impact of registration delays[1].
The ONS produces a monthly report[2] on provisional deaths in England and Wales. The most recent report goes up to July 2020 and provides breakdowns by all deaths combined and a breakdown for deaths due to COVID-19. The ONS also produces an annual report[3] which includes registered deaths by age, sex, selected underlying causes of death, and the leading causes of death.
National Records for Scotland[4] and the Northern Ireland Statistics and Research Agency[5] are responsible for publishing statistics on deaths registered in Scotland and Northern Ireland respectively.
Table 1 shows the number of deaths by all causes, that were registered by month, in 2018, 2019, and 2020, in England and Wales. All numbers for 2020 are provisional. The data for August will be published on 18 September 2020, which we will send to you.
Table 2 shows the number of deaths that were registered where cancer was the underlying cause of death by month, 2018 and 2019, in England and Wales. The corresponding numbers by month for 2020 are not yet available, as detailed data on deaths by underlying cause are not normally published until after the end of the registration year.
Table 3 shows the number of deaths where COVID-19 was the underlying cause of death, January to July 2020, in England and Wales. Provisional data on deaths involving COVID-19 is being published, exceptionally, on an ongoing basis throughout the year: numbers of deaths due to COVID-19 in August will be available on 18 September 2020, which we will also send to you.
Yours sincerely,
Professor Sir Ian Diamond
[4]https://www.nrscotland.gov.uk/
Table 1: Number of deaths registered in 2018, 2019, 2020 by month, all causes, England and Wales[1][2][3][4]
| 2018 | 2019 | 2020 |
January | 64154 | 53910 | 56,597 |
February | 49177 | 45795 | 43,555 |
March | 51229 | 43944 | 49,641 |
April | 46469 | 44121 | 88,049 |
May | 42784 | 44389 | 52,315 |
June | 39767 | 38603 | 42,577 |
July | 40723 | 42308 | 40,731 |
August | 40192 | 38843 | |
September | 37137 | 40011 | |
October | 44440 | 46238 | |
November | 43978 | 45219 | |
December | 41539 | 47460 |
[1]Figures include deaths of non-residents.
[2]Figures are for the date a death was registered rather than occurred.
[3]2020 figures are provisional.
[4]2020 figures are as published, the back series has not been revised.
Source: ONS
Table 2: Number of deaths registered where the underlying cause of death was cancer, 2018 and 2019, by month, England and Wales[1][2][3][4]
| 2018 | 2019 |
January | 14422 | 13859 |
February | 11602 | 11667 |
March | 11945 | 11659 |
April | 11899 | 12261 |
May | 12372 | 12425 |
June | 11771 | 11284 |
July | 12120 | 12838 |
August | 12297 | 11959 |
September | 11115 | 12107 |
October | 13008 | 12977 |
November | 12394 | 12197 |
December | 11412 | 12186 |
[1]Underlying cause of death was defined using the International Classification of Diseases and Related Health Problems, 10th edition (ICD-10): Malignant neoplasms (C00-C97).
[2]Figures for Cancer include deaths of non-residents.
[3]2020 figures are provisional
[4]Figures are for the date a death was registered rather than occurred.
Source: ONS
Table 3: Number of deaths registered where the underlying cause of death was COVID-19, 2020, by month, England and Wales[1][2][3][4][5]
| 2020 |
January | 0 |
February | 0 |
March | 1631 |
April | 29381 |
May | 12005 |
June | 3634 |
July | 1023 |
August | |
September | |
October | |
November | |
December |
[1]Underlying cause of death was defined using the International Classification of Diseases and Related Health Problems, 10th edition (ICD-10): coronavirus (COVID-19) (U07.1 and U07.2).
[2]Figures for COVID-19 exclude the deaths of non-residents.
[3]2020 figures are provisional
[41]Figures are for the date a death was registered rather than occurred.
[5]2020 figures are as published, the back series has not been revised
Source: ONS
The information requested falls under the remit of the UK Statistics Authority. I have therefore asked the Authority to respond.
Dear Lord Warner,
As National Statistician and Chief Executive of the UK Statistics Authority, I am responding to your Parliamentary Questions asking how many deaths were recorded in each calendar month of (1) 2018, (2) 2019, and (3) 2020, up to and including August (HL7905); and how many recorded deaths were caused by (1) COVID-19, and (2) any form of cancer, in each calendar month of (a) 2018, (b) 2019, and (c) 2020, up to and including August (HL7906).
The Office for National Statistics (ONS) publishes statistics on deaths in England and Wales. The ONS’ mortality statistics are compiled from information supplied when deaths are certified and registered as part of civil registration. In England and Wales, deaths should ideally be registered within 5 days of the death occurring, but there are some situations that result in the registration of the death being delayed. The ONS has published a report on the impact of registration delays[1].
The ONS produces a monthly report[2] on provisional deaths in England and Wales. The most recent report goes up to July 2020 and provides breakdowns by all deaths combined and a breakdown for deaths due to COVID-19. The ONS also produces an annual report[3] which includes registered deaths by age, sex, selected underlying causes of death, and the leading causes of death.
National Records for Scotland[4] and the Northern Ireland Statistics and Research Agency[5] are responsible for publishing statistics on deaths registered in Scotland and Northern Ireland respectively.
Table 1 shows the number of deaths by all causes, that were registered by month, in 2018, 2019, and 2020, in England and Wales. All numbers for 2020 are provisional. The data for August will be published on 18 September 2020, which we will send to you.
Table 2 shows the number of deaths that were registered where cancer was the underlying cause of death by month, 2018 and 2019, in England and Wales. The corresponding numbers by month for 2020 are not yet available, as detailed data on deaths by underlying cause are not normally published until after the end of the registration year.
Table 3 shows the number of deaths where COVID-19 was the underlying cause of death, January to July 2020, in England and Wales. Provisional data on deaths involving COVID-19 is being published, exceptionally, on an ongoing basis throughout the year: numbers of deaths due to COVID-19 in August will be available on 18 September 2020, which we will also send to you.
Yours sincerely,
Professor Sir Ian Diamond
[4]https://www.nrscotland.gov.uk/
Table 1: Number of deaths registered in 2018, 2019, 2020 by month, all causes, England and Wales[1][2][3][4]
| 2018 | 2019 | 2020 |
January | 64154 | 53910 | 56,597 |
February | 49177 | 45795 | 43,555 |
March | 51229 | 43944 | 49,641 |
April | 46469 | 44121 | 88,049 |
May | 42784 | 44389 | 52,315 |
June | 39767 | 38603 | 42,577 |
July | 40723 | 42308 | 40,731 |
August | 40192 | 38843 | |
September | 37137 | 40011 | |
October | 44440 | 46238 | |
November | 43978 | 45219 | |
December | 41539 | 47460 |
[1]Figures include deaths of non-residents.
[2]Figures are for the date a death was registered rather than occurred.
[3]2020 figures are provisional.
[4]2020 figures are as published, the back series has not been revised.
Source: ONS
Table 2: Number of deaths registered where the underlying cause of death was cancer, 2018 and 2019, by month, England and Wales[1][2][3][4]
| 2018 | 2019 |
January | 14422 | 13859 |
February | 11602 | 11667 |
March | 11945 | 11659 |
April | 11899 | 12261 |
May | 12372 | 12425 |
June | 11771 | 11284 |
July | 12120 | 12838 |
August | 12297 | 11959 |
September | 11115 | 12107 |
October | 13008 | 12977 |
November | 12394 | 12197 |
December | 11412 | 12186 |
[1]Underlying cause of death was defined using the International Classification of Diseases and Related Health Problems, 10th edition (ICD-10): Malignant neoplasms (C00-C97).
[2]Figures for Cancer include deaths of non-residents.
[3]2020 figures are provisional
[4]Figures are for the date a death was registered rather than occurred.
Source: ONS
Table 3: Number of deaths registered where the underlying cause of death was COVID-19, 2020, by month, England and Wales[1][2][3][4][5]
| 2020 |
January | 0 |
February | 0 |
March | 1631 |
April | 29381 |
May | 12005 |
June | 3634 |
July | 1023 |
August | |
September | |
October | |
November | |
December |
[1]Underlying cause of death was defined using the International Classification of Diseases and Related Health Problems, 10th edition (ICD-10): coronavirus (COVID-19) (U07.1 and U07.2).
[2]Figures for COVID-19 exclude the deaths of non-residents.
[3]2020 figures are provisional
[41]Figures are for the date a death was registered rather than occurred.
[5]2020 figures are as published, the back series has not been revised
Source: ONS
The information requested falls under the remit of the UK Statistics Authority. I have therefore asked the Authority to respond.
Dear Lord Warner,
As National Statistician and Chief Executive of the UK Statistics Authority, I am responding to your Parliamentary Questions asking how many recorded deaths were (i) residents of adult care homes, and (ii) patients in NHS England hospitals, in each calendar month of 2020, up to and including August (HL7908).
The Office for National Statistics (ONS) is responsible for publishing mortality statistics for deaths registered in England and Wales. The most recent annual figures published are for deaths registered in 2019[1]. However, we do publish provisional weekly deaths registrations which are currently published for deaths registered up to 28 August 2020[2]. As part of this report, data is published by place of occurrence, which includes hospitals and places outside of hospitals, such as care homes.
Table 1 below provides the provisional number of deaths registered in care homes and hospitals by each calendar month of 2020, registered up to 28 August 2020, in England. The ‘Hospitals (acute or community, not psychiatric)’ figure includes deaths in NHS hospitals and private hospitals in England. Currently, the ONS does not publish age breakdowns of deaths registered in care homes. The figure includes children and adults, as some care homes may cater for adults as well as children. More detailed analysis on deaths, registered by place of occurrence, is available in our weekly report.
Table 1: Provisional number of deaths registered by place of occurrence, England, deaths registered between 1 January 2020 and 28 August 2020[3][4][5][6][7]
Month | Place of occurrence | |
Care home | Hospital (acute or community, not psychiatric) | |
January | 12,046 | 24,615 |
February | 9,231 | 18,229 |
March | 10,563 | 20,902 |
April | 26,835 | 34,520 |
May | 14,870 | 18,126 |
June | 8,579 | 15,191 |
July | 7,684 | 14,528 |
August | 7,151 | 13,362 |
Source: ONS
Yours sincerely,
Professor Sir Ian Diamond
[3]Based on date a death was registered rather than occurred.
[4]All figures for 2020 are provisional.
[5]Non-residents are excluded in the England totals.
[7]Care homes includes homes for the chronic sick; nursing homes; homes for people with mental health problems and non-NHS multi function sites.
The Civil Contingencies Secretariat (CCS) within the Cabinet Office is responsible for maintaining the National Risk Register, working closely with Government departments.
Government departments are responsible for identifying and assessing risks. Each department is also responsible for overseeing levels of preparedness within their sectors, ensuring they have up-to-date plans to mitigate and respond to risks contained in the National Risk Register.
The Ministerial Code sets out the standards of conduct expected of ministers and how they discharge their duties.
The Prime Minister and Cabinet have been regularly briefed on COVID-19 since the outbreak of the virus. These issues have also regularly been discussed at meetings of the COBR Committee. Additionally, since 16 March, a series of Cabinet Committees have convened to support the Government’s efforts. Specific information on the frequency and content of Cabinet Committees and other Ministerial meetings is not routinely disclosed.
The US has a legal requirement for a nuclear cooperation agreement to be in place before civil nuclear trade with another country can be permitted. For this reason, the Government has prioritised discussions with the US, to ensure that a new bilateral agreement will be in place when Euratom’s agreements no longer apply to the UK. The strong links between US and UK on civil nuclear matters ensure that both parties are keen to progress this agreement to their mutual benefit. Significant progress has been made on the substance of the new agreement and it is on track to be presented to the UK Parliament and US Congress in the course of 2018 for ratification, ensuring that the agreement will be ready well before the end of 2020
The Government has made clear that its ambition for a close association with the Euratom Community after the UK’s withdrawal from the European Union includes seeking a close association with the Euratom Research and Training Programme, including the Joint European Torus (JET) and the International Thermonuclear Experimental Reactor (ITER) projects; continuity of open trade arrangements for nuclear goods and products to ensure that the nuclear industry is able to continue to trade across EU borders without disruption; and close and effective cooperation with Euratom on nuclear safety.
The negotiations on the future relationship between the UK and the EU have not yet begun so no formal meetings have yet taken place on the nature of the future relationship with Euratom. The Government has ensured that the European Commission is aware of the Government’s January Ministerial Statement setting out the UK’s objective of close association on Euratom and what this would cover. This was reinforced in my right hon. Friend the Prime Minister’s speech at Mansion House on 2 March. The Government will continue to report on progress through its quarterly reports to Parliament, the first of which was made on 26 March.
The safety and security of radioactive materials is a top priority for the Government. The UK already has robust domestic legislation in place to ensure that the keeping, movement and use of radioactive sources is tightly regulated, whether on nuclear sites or in hospitals. The UK’s regulatory regime is based on international regulatory requirements for sources informed by the International Atomic Energy Agency (IAEA). The UK will continue to meet its international obligations in full and ensure that UK law and regulatory oversight continues to deliver the highest standards of safety, in line with the relevant international frameworks.
Medical radioisotopes are also subject to European medicines regulation which establishes a licensing regime and controls on the quality of materials, as well as manufacturing and distribution processes within Europe. In the UK human medicines are subject to national human medicines legislation which transposes the requirements of the European regulatory regime. This regime is enforced by the Medicines and Healthcare Products Regulatory Agency (MHRA) and will continue to do so after our withdrawal from the EU.
The safety and security of radioactive materials is a top priority for the Government. The UK already has robust domestic legislation in place to ensure that the keeping, movement and use of radioactive sources is tightly regulated, whether on nuclear sites or in hospitals. The UK’s regulatory regime is based on international regulatory requirements for sources informed by the International Atomic Energy Agency (IAEA). Following our withdrawal from the EU and Euratom, the UK will continue to meet its international obligations in full and ensure that UK law and regulatory oversight continues to deliver the highest standards of safety, in line with the relevant international frameworks.
Subject Knowledge Enhancement (SKE) is only one element of the department’s overall teacher supply strategy and its primary objective is to support recruitment in hard-to-recruit subjects with sufficiency challenges. Considerations including SKE recruitment performance, overall Initial Teacher Training (ITT) numbers and other support available to candidates, including ITT bursaries, informed the recent decision on the SKE programme.
The SKE package is, and will continue to be, reviewed regularly to ensure SKE is targeted at the candidates that need it most. The department has plans to engage with the sector to inform future SKE in the coming months.
246 candidates have accepted an Initial Teacher Training (ITT) offer for religious education (RE) in this academic year 2023/24. 106 of those 246 candidates, or 43%, have been set subject knowledge enhancement (SKE) as a condition of their ITT offer. 58 of those started their SKE up to and including 10 April 2024 and 48 have started or are due to start from 11 April onwards.
Recruitment and retention are crucial to every curriculum subject. The department recognises that high-quality religious education (RE) relies on well trained, confident teachers. The department will be offering a £10,000 bursary for RE trainee teachers that are starting Initial Teacher Training (ITT) in the 2024/25 academic year. The latest data available to date for this 2023/24 academic year highlights that 246 candidates have accepted an ITT offer in RE. At the same point in the cycle in the 2022/23 academic year, 145 candidates had accepted an ITT offer in RE. This represents a 59% increase.
Of the 55 independent residential special schools, five are identified as requiring improvement by Ofsted. One further school met the standards since the previous answer was provided. These schools are The Forum School, Wilds Lodge School, Pioneer TEC, The Fitzroy Academy and The Grange Therapeutic School. Nine schools offer under 20 residential placements, eight schools offer 20 to 40 residential placements, and 38 schools offer residential placements for over 40. None are approved for a single child only.
When the department registers an independent school, it establishes who the proprietor will be, and runs suitability checks on the proprietor. The proprietor is ultimately responsible for the operation of the school. The proprietor is included on the register of independent schools. The department does not record the ultimate beneficial owner of the school. The registered proprietor of each of the 55 independent residential special schools is shown in the attachment provided titled ‘Table of Independent Residential Special Schools’.
Of the 26 residential maintained special schools, six are identified as requiring improvement by Ofsted. These schools are Holly House Special School, Barndale House School, Greenbank School, Kings Mill School, Lindsworth School and Lexden Springs School. One school offers under 20 residential placements, three schools offer 20 to 40 residential placements, and 23 schools offer residential placements for over 40. None are approved for a single child only.
Of the 33 residential non-maintained special schools (NMSS), three are identified as requiring improvement by Ofsted. This number has increased by one since the previous answer provided as the department has identified an additional NMSS that is listed on the register of schools as a further educational college rather than a school. These schools are St Vincent’s School, New College Worcester, and Breckenbrough School. No schools offer under 20 residential placements, one school offers 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Of the 34 residential special academy and free schools, four require improvement according to Ofsted. One school no longer offers residential placements since the previous answer provided. These schools are Brompton Hall School, Langham Oaks, Pencalenick School and Charlton Park Academy. No schools offer under 20 residential placements, two schools offer 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Historical data does not allow a comparison to be made on Residential Special Schools compared to 2010 and 2015. Data for recorded school types is available in the department’s data releases, which is included in the attached documents titled ‘Index of Tables’ and ‘Table of School Characteristics’.
Local authorities must ensure there are sufficient school places for all pupils, including those with special educational needs and disabilities. Residential provision may be the right way to meet the needs of some children and young people, but it places them at greater risk by removing them from their families and local support networks. While there will always be a small group of children who require more intensive round-the-clock care alongside their education or healthcare in a residential setting, this should be less necessary as the department better meets children’s needs in mainstream schools and non-residential special schools and provide more early and intensive support for families.
Individual schools are responsible for ensuring they can meet the needs of the children and young people they educate. All residential special schools are required to follow and are inspected against the residential special schools’ national minimum standards (NMS). These standards can be found on the GOV.UK website: https://assets.publishing.service.gov.uk/media/647f53155f7bb700127fa5c9/Residential_special_schools_national_minimum_standards.pdf.
Amongst other things, the NMS set out the importance of suitably qualified and trained staff, along with a requirement for care staff to have at least a relevant Level 3 qualification. Part D, ‘Health and Wellbeing’, provides comprehensive standards to ensure staff are meeting pupils’ needs, including ensuring pupils have access to appropriate support services. Children and young people in residential special schools away from home are entitled to access local health services in the same way as all children and young people are. Some providers also offer and commission their own clinical expertise and support for children in their residential special schools. Additionally, the National Autism Trainer Programme, funded by NHS England and led by Anna Freud provides a co-produced autism Train the Trainers approach that has been offered free of charge for staff working in residential special schools and colleges to better support them to understand the needs and experiences of autistic children and young people.
Children and young people may only be placed in a special school if they have an Education, Health and Care (EHC) plan. If the placement is no longer suitable for the child or young person, the local authority responsible for the EHC plan will need to review it and consider amending it, following the statutory processes set out in the Children and Families Act 2014.
In the meantime, local authorities have a duty to arrange suitable education for any pupil of compulsory school age who, because of illness, exclusion, or other reasons, would not get a suitable education without such provision. This education must be full time, unless a pupil’s medical needs mean that full-time education would not be in their best interests.
It is up to local authorities to determine the most appropriate alternative provision for a child, but they should take into account the views of the pupil, their parents and other professionals.
The department has published statutory guidance on alternative provision, which local authorities must have regard to. The guidance is available on the GOV.UK website: https://www.gov.uk/government/publications/alternative-provision.
Of the 55 independent residential special schools, five are identified as requiring improvement by Ofsted. One further school met the standards since the previous answer was provided. These schools are The Forum School, Wilds Lodge School, Pioneer TEC, The Fitzroy Academy and The Grange Therapeutic School. Nine schools offer under 20 residential placements, eight schools offer 20 to 40 residential placements, and 38 schools offer residential placements for over 40. None are approved for a single child only.
When the department registers an independent school, it establishes who the proprietor will be, and runs suitability checks on the proprietor. The proprietor is ultimately responsible for the operation of the school. The proprietor is included on the register of independent schools. The department does not record the ultimate beneficial owner of the school. The registered proprietor of each of the 55 independent residential special schools is shown in the attachment provided titled ‘Table of Independent Residential Special Schools’.
Of the 26 residential maintained special schools, six are identified as requiring improvement by Ofsted. These schools are Holly House Special School, Barndale House School, Greenbank School, Kings Mill School, Lindsworth School and Lexden Springs School. One school offers under 20 residential placements, three schools offer 20 to 40 residential placements, and 23 schools offer residential placements for over 40. None are approved for a single child only.
Of the 33 residential non-maintained special schools (NMSS), three are identified as requiring improvement by Ofsted. This number has increased by one since the previous answer provided as the department has identified an additional NMSS that is listed on the register of schools as a further educational college rather than a school. These schools are St Vincent’s School, New College Worcester, and Breckenbrough School. No schools offer under 20 residential placements, one school offers 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Of the 34 residential special academy and free schools, four require improvement according to Ofsted. One school no longer offers residential placements since the previous answer provided. These schools are Brompton Hall School, Langham Oaks, Pencalenick School and Charlton Park Academy. No schools offer under 20 residential placements, two schools offer 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Historical data does not allow a comparison to be made on Residential Special Schools compared to 2010 and 2015. Data for recorded school types is available in the department’s data releases, which is included in the attached documents titled ‘Index of Tables’ and ‘Table of School Characteristics’.
Local authorities must ensure there are sufficient school places for all pupils, including those with special educational needs and disabilities. Residential provision may be the right way to meet the needs of some children and young people, but it places them at greater risk by removing them from their families and local support networks. While there will always be a small group of children who require more intensive round-the-clock care alongside their education or healthcare in a residential setting, this should be less necessary as the department better meets children’s needs in mainstream schools and non-residential special schools and provide more early and intensive support for families.
Individual schools are responsible for ensuring they can meet the needs of the children and young people they educate. All residential special schools are required to follow and are inspected against the residential special schools’ national minimum standards (NMS). These standards can be found on the GOV.UK website: https://assets.publishing.service.gov.uk/media/647f53155f7bb700127fa5c9/Residential_special_schools_national_minimum_standards.pdf.
Amongst other things, the NMS set out the importance of suitably qualified and trained staff, along with a requirement for care staff to have at least a relevant Level 3 qualification. Part D, ‘Health and Wellbeing’, provides comprehensive standards to ensure staff are meeting pupils’ needs, including ensuring pupils have access to appropriate support services. Children and young people in residential special schools away from home are entitled to access local health services in the same way as all children and young people are. Some providers also offer and commission their own clinical expertise and support for children in their residential special schools. Additionally, the National Autism Trainer Programme, funded by NHS England and led by Anna Freud provides a co-produced autism Train the Trainers approach that has been offered free of charge for staff working in residential special schools and colleges to better support them to understand the needs and experiences of autistic children and young people.
Children and young people may only be placed in a special school if they have an Education, Health and Care (EHC) plan. If the placement is no longer suitable for the child or young person, the local authority responsible for the EHC plan will need to review it and consider amending it, following the statutory processes set out in the Children and Families Act 2014.
In the meantime, local authorities have a duty to arrange suitable education for any pupil of compulsory school age who, because of illness, exclusion, or other reasons, would not get a suitable education without such provision. This education must be full time, unless a pupil’s medical needs mean that full-time education would not be in their best interests.
It is up to local authorities to determine the most appropriate alternative provision for a child, but they should take into account the views of the pupil, their parents and other professionals.
The department has published statutory guidance on alternative provision, which local authorities must have regard to. The guidance is available on the GOV.UK website: https://www.gov.uk/government/publications/alternative-provision.
Of the 55 independent residential special schools, five are identified as requiring improvement by Ofsted. One further school met the standards since the previous answer was provided. These schools are The Forum School, Wilds Lodge School, Pioneer TEC, The Fitzroy Academy and The Grange Therapeutic School. Nine schools offer under 20 residential placements, eight schools offer 20 to 40 residential placements, and 38 schools offer residential placements for over 40. None are approved for a single child only.
When the department registers an independent school, it establishes who the proprietor will be, and runs suitability checks on the proprietor. The proprietor is ultimately responsible for the operation of the school. The proprietor is included on the register of independent schools. The department does not record the ultimate beneficial owner of the school. The registered proprietor of each of the 55 independent residential special schools is shown in the attachment provided titled ‘Table of Independent Residential Special Schools’.
Of the 26 residential maintained special schools, six are identified as requiring improvement by Ofsted. These schools are Holly House Special School, Barndale House School, Greenbank School, Kings Mill School, Lindsworth School and Lexden Springs School. One school offers under 20 residential placements, three schools offer 20 to 40 residential placements, and 23 schools offer residential placements for over 40. None are approved for a single child only.
Of the 33 residential non-maintained special schools (NMSS), three are identified as requiring improvement by Ofsted. This number has increased by one since the previous answer provided as the department has identified an additional NMSS that is listed on the register of schools as a further educational college rather than a school. These schools are St Vincent’s School, New College Worcester, and Breckenbrough School. No schools offer under 20 residential placements, one school offers 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Of the 34 residential special academy and free schools, four require improvement according to Ofsted. One school no longer offers residential placements since the previous answer provided. These schools are Brompton Hall School, Langham Oaks, Pencalenick School and Charlton Park Academy. No schools offer under 20 residential placements, two schools offer 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Historical data does not allow a comparison to be made on Residential Special Schools compared to 2010 and 2015. Data for recorded school types is available in the department’s data releases, which is included in the attached documents titled ‘Index of Tables’ and ‘Table of School Characteristics’.
Local authorities must ensure there are sufficient school places for all pupils, including those with special educational needs and disabilities. Residential provision may be the right way to meet the needs of some children and young people, but it places them at greater risk by removing them from their families and local support networks. While there will always be a small group of children who require more intensive round-the-clock care alongside their education or healthcare in a residential setting, this should be less necessary as the department better meets children’s needs in mainstream schools and non-residential special schools and provide more early and intensive support for families.
Individual schools are responsible for ensuring they can meet the needs of the children and young people they educate. All residential special schools are required to follow and are inspected against the residential special schools’ national minimum standards (NMS). These standards can be found on the GOV.UK website: https://assets.publishing.service.gov.uk/media/647f53155f7bb700127fa5c9/Residential_special_schools_national_minimum_standards.pdf.
Amongst other things, the NMS set out the importance of suitably qualified and trained staff, along with a requirement for care staff to have at least a relevant Level 3 qualification. Part D, ‘Health and Wellbeing’, provides comprehensive standards to ensure staff are meeting pupils’ needs, including ensuring pupils have access to appropriate support services. Children and young people in residential special schools away from home are entitled to access local health services in the same way as all children and young people are. Some providers also offer and commission their own clinical expertise and support for children in their residential special schools. Additionally, the National Autism Trainer Programme, funded by NHS England and led by Anna Freud provides a co-produced autism Train the Trainers approach that has been offered free of charge for staff working in residential special schools and colleges to better support them to understand the needs and experiences of autistic children and young people.
Children and young people may only be placed in a special school if they have an Education, Health and Care (EHC) plan. If the placement is no longer suitable for the child or young person, the local authority responsible for the EHC plan will need to review it and consider amending it, following the statutory processes set out in the Children and Families Act 2014.
In the meantime, local authorities have a duty to arrange suitable education for any pupil of compulsory school age who, because of illness, exclusion, or other reasons, would not get a suitable education without such provision. This education must be full time, unless a pupil’s medical needs mean that full-time education would not be in their best interests.
It is up to local authorities to determine the most appropriate alternative provision for a child, but they should take into account the views of the pupil, their parents and other professionals.
The department has published statutory guidance on alternative provision, which local authorities must have regard to. The guidance is available on the GOV.UK website: https://www.gov.uk/government/publications/alternative-provision.
Of the 55 independent residential special schools, five are identified as requiring improvement by Ofsted. One further school met the standards since the previous answer was provided. These schools are The Forum School, Wilds Lodge School, Pioneer TEC, The Fitzroy Academy and The Grange Therapeutic School. Nine schools offer under 20 residential placements, eight schools offer 20 to 40 residential placements, and 38 schools offer residential placements for over 40. None are approved for a single child only.
When the department registers an independent school, it establishes who the proprietor will be, and runs suitability checks on the proprietor. The proprietor is ultimately responsible for the operation of the school. The proprietor is included on the register of independent schools. The department does not record the ultimate beneficial owner of the school. The registered proprietor of each of the 55 independent residential special schools is shown in the attachment provided titled ‘Table of Independent Residential Special Schools’.
Of the 26 residential maintained special schools, six are identified as requiring improvement by Ofsted. These schools are Holly House Special School, Barndale House School, Greenbank School, Kings Mill School, Lindsworth School and Lexden Springs School. One school offers under 20 residential placements, three schools offer 20 to 40 residential placements, and 23 schools offer residential placements for over 40. None are approved for a single child only.
Of the 33 residential non-maintained special schools (NMSS), three are identified as requiring improvement by Ofsted. This number has increased by one since the previous answer provided as the department has identified an additional NMSS that is listed on the register of schools as a further educational college rather than a school. These schools are St Vincent’s School, New College Worcester, and Breckenbrough School. No schools offer under 20 residential placements, one school offers 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Of the 34 residential special academy and free schools, four require improvement according to Ofsted. One school no longer offers residential placements since the previous answer provided. These schools are Brompton Hall School, Langham Oaks, Pencalenick School and Charlton Park Academy. No schools offer under 20 residential placements, two schools offer 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Historical data does not allow a comparison to be made on Residential Special Schools compared to 2010 and 2015. Data for recorded school types is available in the department’s data releases, which is included in the attached documents titled ‘Index of Tables’ and ‘Table of School Characteristics’.
Local authorities must ensure there are sufficient school places for all pupils, including those with special educational needs and disabilities. Residential provision may be the right way to meet the needs of some children and young people, but it places them at greater risk by removing them from their families and local support networks. While there will always be a small group of children who require more intensive round-the-clock care alongside their education or healthcare in a residential setting, this should be less necessary as the department better meets children’s needs in mainstream schools and non-residential special schools and provide more early and intensive support for families.
Individual schools are responsible for ensuring they can meet the needs of the children and young people they educate. All residential special schools are required to follow and are inspected against the residential special schools’ national minimum standards (NMS). These standards can be found on the GOV.UK website: https://assets.publishing.service.gov.uk/media/647f53155f7bb700127fa5c9/Residential_special_schools_national_minimum_standards.pdf.
Amongst other things, the NMS set out the importance of suitably qualified and trained staff, along with a requirement for care staff to have at least a relevant Level 3 qualification. Part D, ‘Health and Wellbeing’, provides comprehensive standards to ensure staff are meeting pupils’ needs, including ensuring pupils have access to appropriate support services. Children and young people in residential special schools away from home are entitled to access local health services in the same way as all children and young people are. Some providers also offer and commission their own clinical expertise and support for children in their residential special schools. Additionally, the National Autism Trainer Programme, funded by NHS England and led by Anna Freud provides a co-produced autism Train the Trainers approach that has been offered free of charge for staff working in residential special schools and colleges to better support them to understand the needs and experiences of autistic children and young people.
Children and young people may only be placed in a special school if they have an Education, Health and Care (EHC) plan. If the placement is no longer suitable for the child or young person, the local authority responsible for the EHC plan will need to review it and consider amending it, following the statutory processes set out in the Children and Families Act 2014.
In the meantime, local authorities have a duty to arrange suitable education for any pupil of compulsory school age who, because of illness, exclusion, or other reasons, would not get a suitable education without such provision. This education must be full time, unless a pupil’s medical needs mean that full-time education would not be in their best interests.
It is up to local authorities to determine the most appropriate alternative provision for a child, but they should take into account the views of the pupil, their parents and other professionals.
The department has published statutory guidance on alternative provision, which local authorities must have regard to. The guidance is available on the GOV.UK website: https://www.gov.uk/government/publications/alternative-provision.
Of the 55 independent residential special schools, five are identified as requiring improvement by Ofsted. One further school met the standards since the previous answer was provided. These schools are The Forum School, Wilds Lodge School, Pioneer TEC, The Fitzroy Academy and The Grange Therapeutic School. Nine schools offer under 20 residential placements, eight schools offer 20 to 40 residential placements, and 38 schools offer residential placements for over 40. None are approved for a single child only.
When the department registers an independent school, it establishes who the proprietor will be, and runs suitability checks on the proprietor. The proprietor is ultimately responsible for the operation of the school. The proprietor is included on the register of independent schools. The department does not record the ultimate beneficial owner of the school. The registered proprietor of each of the 55 independent residential special schools is shown in the attachment provided titled ‘Table of Independent Residential Special Schools’.
Of the 26 residential maintained special schools, six are identified as requiring improvement by Ofsted. These schools are Holly House Special School, Barndale House School, Greenbank School, Kings Mill School, Lindsworth School and Lexden Springs School. One school offers under 20 residential placements, three schools offer 20 to 40 residential placements, and 23 schools offer residential placements for over 40. None are approved for a single child only.
Of the 33 residential non-maintained special schools (NMSS), three are identified as requiring improvement by Ofsted. This number has increased by one since the previous answer provided as the department has identified an additional NMSS that is listed on the register of schools as a further educational college rather than a school. These schools are St Vincent’s School, New College Worcester, and Breckenbrough School. No schools offer under 20 residential placements, one school offers 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Of the 34 residential special academy and free schools, four require improvement according to Ofsted. One school no longer offers residential placements since the previous answer provided. These schools are Brompton Hall School, Langham Oaks, Pencalenick School and Charlton Park Academy. No schools offer under 20 residential placements, two schools offer 20 to 40 residential placements, and 32 schools offer residential placements for over 40. None are approved for a single child only.
Historical data does not allow a comparison to be made on Residential Special Schools compared to 2010 and 2015. Data for recorded school types is available in the department’s data releases, which is included in the attached documents titled ‘Index of Tables’ and ‘Table of School Characteristics’.
Local authorities must ensure there are sufficient school places for all pupils, including those with special educational needs and disabilities. Residential provision may be the right way to meet the needs of some children and young people, but it places them at greater risk by removing them from their families and local support networks. While there will always be a small group of children who require more intensive round-the-clock care alongside their education or healthcare in a residential setting, this should be less necessary as the department better meets children’s needs in mainstream schools and non-residential special schools and provide more early and intensive support for families.
Individual schools are responsible for ensuring they can meet the needs of the children and young people they educate. All residential special schools are required to follow and are inspected against the residential special schools’ national minimum standards (NMS). These standards can be found on the GOV.UK website: https://assets.publishing.service.gov.uk/media/647f53155f7bb700127fa5c9/Residential_special_schools_national_minimum_standards.pdf.
Amongst other things, the NMS set out the importance of suitably qualified and trained staff, along with a requirement for care staff to have at least a relevant Level 3 qualification. Part D, ‘Health and Wellbeing’, provides comprehensive standards to ensure staff are meeting pupils’ needs, including ensuring pupils have access to appropriate support services. Children and young people in residential special schools away from home are entitled to access local health services in the same way as all children and young people are. Some providers also offer and commission their own clinical expertise and support for children in their residential special schools. Additionally, the National Autism Trainer Programme, funded by NHS England and led by Anna Freud provides a co-produced autism Train the Trainers approach that has been offered free of charge for staff working in residential special schools and colleges to better support them to understand the needs and experiences of autistic children and young people.
Children and young people may only be placed in a special school if they have an Education, Health and Care (EHC) plan. If the placement is no longer suitable for the child or young person, the local authority responsible for the EHC plan will need to review it and consider amending it, following the statutory processes set out in the Children and Families Act 2014.
In the meantime, local authorities have a duty to arrange suitable education for any pupil of compulsory school age who, because of illness, exclusion, or other reasons, would not get a suitable education without such provision. This education must be full time, unless a pupil’s medical needs mean that full-time education would not be in their best interests.
It is up to local authorities to determine the most appropriate alternative provision for a child, but they should take into account the views of the pupil, their parents and other professionals.
The department has published statutory guidance on alternative provision, which local authorities must have regard to. The guidance is available on the GOV.UK website: https://www.gov.uk/government/publications/alternative-provision.
There are currently 148 residential special schools in England: 26 are maintained schools, 32 are non-maintained special schools, 35 are academy and free schools, 55 are independent schools.
The department does not systematically collect data on the type of companies that own schools. Therefore, the department does not disaggregate these results based on whether they are owned by private equity companies or not-for-profit organisations.
Of the 55 independent residential special schools, interrogation of the Independent School Register shows 16 are charities. Ofsted ratings show that 10 of these schools are rated outstanding, 39 are rated good, and six are rated as requires improvement.
The department has not made an assessment of the share size that private for-profit companies have of the market and has not been in discussion with the Competition and Markets Authority about this sector.
There are currently 148 residential special schools in England: 26 are maintained schools, 32 are non-maintained special schools, 35 are academy and free schools, 55 are independent schools.
The department does not systematically collect data on the type of companies that own schools. Therefore, the department does not disaggregate these results based on whether they are owned by private equity companies or not-for-profit organisations.
Of the 55 independent residential special schools, interrogation of the Independent School Register shows 16 are charities. Ofsted ratings show that 10 of these schools are rated outstanding, 39 are rated good, and six are rated as requires improvement.
The department has not made an assessment of the share size that private for-profit companies have of the market and has not been in discussion with the Competition and Markets Authority about this sector.
There are currently 148 residential special schools in England: 26 are maintained schools, 32 are non-maintained special schools, 35 are academy and free schools, 55 are independent schools.
The department does not systematically collect data on the type of companies that own schools. Therefore, the department does not disaggregate these results based on whether they are owned by private equity companies or not-for-profit organisations.
Of the 55 independent residential special schools, interrogation of the Independent School Register shows 16 are charities. Ofsted ratings show that 10 of these schools are rated outstanding, 39 are rated good, and six are rated as requires improvement.
The department has not made an assessment of the share size that private for-profit companies have of the market and has not been in discussion with the Competition and Markets Authority about this sector.
There are currently 148 residential special schools in England: 26 are maintained schools, 32 are non-maintained special schools, 35 are academy and free schools, 55 are independent schools.
The department does not systematically collect data on the type of companies that own schools. Therefore, the department does not disaggregate these results based on whether they are owned by private equity companies or not-for-profit organisations.
Of the 55 independent residential special schools, interrogation of the Independent School Register shows 16 are charities. Ofsted ratings show that 10 of these schools are rated outstanding, 39 are rated good, and six are rated as requires improvement.
The department has not made an assessment of the share size that private for-profit companies have of the market and has not been in discussion with the Competition and Markets Authority about this sector.
According to the Get Information About Schools (GIAS) database, in 2021 there were 238 open residential special schools. In 2022 there were 175 and in 2023 there were 159. This is a reduction in special schools offering residential provision, the number of special schools grew from 1,689 in 2021 to 1,822 in 2023.
This includes local authority maintained special schools, special academies, non-maintained special schools, independent special schools and specialist post-16 institutions. It covers both those registered as boarding schools, subject to the national minimum standards for residential special schools, and those which offer provision for more than 38 weeks per year and are dual registered as children’s homes.
This is a matter for His Majesty’s Chief Inspector, Sir Martyn Oliver. I have asked him to write to the noble Lord and a copy of his reply will be placed in the libraries of both Houses.
It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.
In response to the Health and Social Care Act 2015, the department commissioned Ivana La Valle to conduct a research report into extending the duties of the NHS number as a unique identifier from adult social care to children’s social care. The findings concluded that while there was general support for using the NHS number as a unique identifier, there was limited evidence on how this could be achieved or whether it would be possible. The government therefore supported the voluntary use of the NHS number where the local authority and health agencies decide that this is an effective way for them to share information. In 2021, as the Bill for the Health and Care Act 2022 progressed through Parliament, the debate on the need for and feasibility of introducing a consistent identifier was revisited, resulting in the government's commitment to explore the issue further in this report. Consequently, the government will report in July 2023 on government policy on the use of a consistent child identifier for children.
The department is leading a cross-government programme to meet the legislative commitment in the Health and Social Care Act 2022. A cross-government steering group, including officials from the Department for Education, the Department of Health and Social Care and the Home Office, have overseen the programme. The programme has also reported into the Child Protection Ministerial Group. The programme has undertaken targeted research with frontline practitioners across agencies, including health, police, schools and social care, and analysed current systems and good practice. The findings of the research and analysis will be included in a report laid before Parliament in July on the government policy on information sharing, including policy related to a consistent child identifier for children.
The focus of the research responding to the commitment in the Health and Social Care Act 2022 has been on how to improve information sharing between agencies for child safeguarding and promotion of welfare purposes. However, current and future policy recommendations may have wider reach across children’s health and social care. The government will report in July on its policy on information sharing, including policy related to a consistent child identifier for children.
In response to the Health and Social Care Act 2015, the department commissioned Ivana La Valle to conduct a research report into extending the duties of the NHS number as a unique identifier from adult social care to children’s social care. The findings concluded that while there was general support for using the NHS number as a unique identifier, there was limited evidence on how this could be achieved or whether it would be possible. The government therefore supported the voluntary use of the NHS number where the local authority and health agencies decide that this is an effective way for them to share information. In 2021, as the Bill for the Health and Care Act 2022 progressed through Parliament, the debate on the need for and feasibility of introducing a consistent identifier was revisited, resulting in the government's commitment to explore the issue further in this report. Consequently, the government will report in July 2023 on government policy on the use of a consistent child identifier for children.
The department is leading a cross-government programme to meet the legislative commitment in the Health and Social Care Act 2022. A cross-government steering group, including officials from the Department for Education, the Department of Health and Social Care and the Home Office, have overseen the programme. The programme has also reported into the Child Protection Ministerial Group. The programme has undertaken targeted research with frontline practitioners across agencies, including health, police, schools and social care, and analysed current systems and good practice. The findings of the research and analysis will be included in a report laid before Parliament in July on the government policy on information sharing, including policy related to a consistent child identifier for children.
The focus of the research responding to the commitment in the Health and Social Care Act 2022 has been on how to improve information sharing between agencies for child safeguarding and promotion of welfare purposes. However, current and future policy recommendations may have wider reach across children’s health and social care. The government will report in July on its policy on information sharing, including policy related to a consistent child identifier for children.
In response to the Health and Social Care Act 2015, the department commissioned Ivana La Valle to conduct a research report into extending the duties of the NHS number as a unique identifier from adult social care to children’s social care. The findings concluded that while there was general support for using the NHS number as a unique identifier, there was limited evidence on how this could be achieved or whether it would be possible. The government therefore supported the voluntary use of the NHS number where the local authority and health agencies decide that this is an effective way for them to share information. In 2021, as the Bill for the Health and Care Act 2022 progressed through Parliament, the debate on the need for and feasibility of introducing a consistent identifier was revisited, resulting in the government's commitment to explore the issue further in this report. Consequently, the government will report in July 2023 on government policy on the use of a consistent child identifier for children.
The department is leading a cross-government programme to meet the legislative commitment in the Health and Social Care Act 2022. A cross-government steering group, including officials from the Department for Education, the Department of Health and Social Care and the Home Office, have overseen the programme. The programme has also reported into the Child Protection Ministerial Group. The programme has undertaken targeted research with frontline practitioners across agencies, including health, police, schools and social care, and analysed current systems and good practice. The findings of the research and analysis will be included in a report laid before Parliament in July on the government policy on information sharing, including policy related to a consistent child identifier for children.
The focus of the research responding to the commitment in the Health and Social Care Act 2022 has been on how to improve information sharing between agencies for child safeguarding and promotion of welfare purposes. However, current and future policy recommendations may have wider reach across children’s health and social care. The government will report in July on its policy on information sharing, including policy related to a consistent child identifier for children.
School attendance has improved since 2010, but COVID-19 and its aftermath significantly damaged attendance levels. COVID-19 caused higher levels of sickness absence, and exacerbated existing problems with persistent absence, with vulnerable children particularly affected. Attendance is now improving, and the government is committed to returning to pre-pandemic levels and better.
In autumn/spring 2018/19 overall attendance was 96.7%. The current academic year to date attendance is 4.3 percentage points lower at 92.4%.
Local authorities have a statutory duty to make arrangements that enable them to establish, the identities of children in their area who are not receiving a suitable education. To assist with fulfilling this duty, the department expects all local authorities in England to maintain some form of register to help identify these children, in line with our guidance to local authorities on elective home education. This function is funded through existing budgets and resources.
When the suitable legislative opportunity arises to take forward the Children Not in School measures, the department will review and undertake a further new burdens assessment to assess the level of funding required to support implementation of the registers, as well as for the proposed local authority duty to support home educating families.
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.
The department remains committed to introducing statutory local authority registers for children not in school, as well as a duty for local authorities to provide support to home-educating families. The department will legislate for these at the next suitable opportunity, to help local authorities undertake their existing duties to ensure all children receive a suitable education and are safe, regardless of where they are educated. However, local authorities’ existing powers and duties, if used in the way set out in our guidance, are enough for a local authority to determine whether provision is suitable.
Elective home education needs to be suitable, although there is no requirement to follow the national curriculum, nor are parents required to enter children for public examinations. However, if the home education does consist of one or more of these, that would constitute strong evidence that education was ‘suitable’ in terms of section 7 of the Education Act 1996.
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.
All independent fostering agencies (IFAs) are registered with Ofsted under the Care Standards Act 2000 and must meet the legal requirements set out in the Fostering Services (England) Regulations 2011. IFAs are inspected by Ofsted under the Social Care Common Inspection Framework (SCCIF) on a three-year inspection cycle.
Under the National Minimum Standards IFAs have a duty to ensure the welfare of the children in care and a duty to work effectively in partnership with other agencies concerned with child protection, such as the responsible authority, schools, hospitals and general practitioners.
Serious incidents must be reported by IFAs to Ofsted, including any serious complaints about an approved foster parent. Local authorities must notify the Child Safeguarding Practice Review panel, and by extension the department and Ofsted, within five working days of becoming aware of a serious incident. These incidents are where abuse or neglect is known or suspected.
If a foster carer’s approval to foster is terminated, a copy of the notice must be sent to the responsible authority for any child placed by another local authority, and to the relevant local authority if the foster carer lives outside the area of the fostering service.
The department intends to reopen the consultation on 'Regulating independent educational institutions' when stakeholders ability to respond is less likely to be significantly affected by the COVID-19 outbreak. Responses received to date will be combined with responses received after the consultation reopens and fully reviewed after the consultation finally closes.
It is not yet appropriate to set a date for reopening the consultation as the situation in relation to the COVID-19 outbreak continues to change.
Ofsted continues to investigate potential illegal schools including consideration of new intelligence. Where appropriate, Ofsted have liaised with local authorities and other statutory bodies to consider whether there is appropriate action that should be taken, for example, to close settings where people are gathering illegally during the COVID-19 outbreak.
The department intends to reopen the consultation on 'Regulating independent educational institutions' when stakeholders ability to respond is less likely to be significantly affected by the COVID-19 outbreak. Responses received to date will be combined with responses received after the consultation reopens and fully reviewed after the consultation finally closes.
It is not yet appropriate to set a date for reopening the consultation as the situation in relation to the COVID-19 outbreak continues to change.
Ofsted continues to investigate potential illegal schools including consideration of new intelligence. Where appropriate, Ofsted have liaised with local authorities and other statutory bodies to consider whether there is appropriate action that should be taken, for example, to close settings where people are gathering illegally during the COVID-19 outbreak.
Any voluntary-aided schools, including those funded through the recently announced capital scheme, can apply to convert to academy status in the same way as any other maintained school. Whilst we do not plan to put in place specific restrictions on academy conversion for voluntary-aided schools, they will need to obtain the necessary consents, meet our criteria and undertake a consultation before doing so.
The capital scheme for voluntary-aided schools is designed to be small, and registering interest in the scheme prior to submitting a bid for funding was not compulsory.
As well as exploratory discussions with stakeholders, we received expressions of interest for 22 new voluntary-aided schools.
The expressions of interest led to 14 bids for funding submitted to the department. A list of the bids that the department received will be published in due course.
The department undertook an extensive series of activities as part of the Schools that Work for Everyone consultation to understand the variety of opinions relating to faith schools. Having considered the views of respondents, and a range of stakeholder views, the department decided to establish the voluntary-aided capital scheme alongside retaining the 50% cap in faith admissions in faith designated free schools. The statutory process for establishing new voluntary-aided schools has not changed. It remains possible for proposers of any faith or no faith to propose a new voluntary-aided school, and likewise the voluntary-aided capital scheme is open to bids from proposers of all faiths and none.
The department undertook an extensive series of activities as part of the Schools that Work for Everyone consultation to understand the variety of opinions relating to faith schools. Having considered the views of respondents, and a range of stakeholder views, the department decided to establish the voluntary-aided capital scheme alongside retaining the 50% cap in faith admissions in faith designated free schools. The statutory process for establishing new voluntary-aided schools has not changed. It remains possible for proposers of any faith or no faith to propose a new voluntary-aided school, and likewise the voluntary-aided capital scheme is open to bids from proposers of all faiths and none.
The department undertook an extensive series of activities as part of the Schools that Work for Everyone consultation to understand the variety of opinions relating to faith schools. Having considered the views of respondents, and a range of stakeholder views, the department decided to establish the voluntary-aided capital scheme alongside retaining the 50% cap in faith admissions in faith designated free schools. The statutory process for establishing new voluntary-aided schools has not changed. It remains possible for proposers of any faith or no faith to propose a new voluntary-aided school, and likewise the voluntary-aided capital scheme is open to bids from proposers of all faiths and none.
Education has a vital role in promoting integration. That is why the Department for Education is taking forward a number of measures across its portfolio to support the sector to promote integration. We want educational settings that prepare all children, young people and adults to participate fully in life in modern Britain, and equip children and young people with the skills, knowledge and values to become active citizens. All schools and colleges are required to teach a broad and balanced curriculum which promotes the spiritual, moral, social and cultural development of pupils, and to promote our shared values of democracy, rule of law, individual liberty and mutual respect and tolerance of those with different faiths and beliefs.
School linking programmes are an important element of our integration agenda. Providing opportunities for young people to have meaningful interactions with those from different backgrounds helps build understanding of different communities and cultures, fosters more positive attitudes, promotes social cohesion and inter-communal trust. Social mixing and school linking are grounded in contact theory, with studies consistently finding that contact between groups of young people from different backgrounds creates more positive attitudes and can increase cohesion. This is particularly evidenced in recent findings by the University of Bristol and London School of Economics[1].
The Department for Education co-funds, with the Ministry for Housing, Communities and Local Government, The Linking Network which links all kinds of schools to help children explore questions of identity, diversity, equality and community cohesion. The Linking Network uses a data analysis tool to ensure that it is only linking together pupil populations from different backgrounds, including young people of different faiths, ethnicities, socioeconomic backgrounds and from different areas.
Diversity of intake is also important, and that is why we are taking forward our commitment, as set out in the Integrated Communities Action Plan, to develop model admissions arrangements. We have also recently published the Respectful Schools Communities toolkit[2] to help schools be inclusive environments; this self-review and signposting tool supports schools to develop a whole-school approach that promotes respect and discipline.
[1] Burgess, S., and Platt, L. (2018) Inter-ethnic relations of teenagers in England’s schools: the role of school and neighbourhood ethnic composition, Centre for Research and Analysis of Migration (CReAM) Discussion Paper Series, CPD 07/18
[2] https://educateagainsthate.com/school-leaders/?filter=guidance-and-training-school-leaders.
The evidence for the government’s statement is in Her Majesty’s Chief Inspector’s annual report, attached, published in December 2017, which includes statistics about the work of Ofsted’s unregistered schools team. Over an 18 month period, the Ofsted team looked into many possible settings but determined that only 38 of them had been operating as unregistered schools, and secured that, as at August 2017, 34 of those 38 settings ceased operating illegally.
We are aware of the recent findings in the Borough of Hackney, which refer to between 1,000 – 1,500 Charedi boys in out-of-school settings in that borough. The report made clear that these were yeshivas, offering religious teaching, in settings that do not meet the criteria to register as independent schools, but were operating as out-of-school settings.
The government’s Counter Extremism Strategy, published in 2015, set out plans to introduce a new system of oversight for out-of-school settings which teach children intensively, including part-time religious settings. We undertook a call for evidence to learn more about the range of settings, and to determine the potential scope and impact of introducing a regulatory system.
As well as considering the views of those that responded to the call for evidence, the department has been working with a range of stakeholders to strengthen our understanding of these settings, which vary considerably in their characteristics and the activities and education they offer. We will make an announcement on the outcome shortly.
It is Ofsted, rather than local authorities, that have powers in relation to unregistered schools, to collect evidence to support prosecutions. The department and Ofsted operate a joint team on unregistered schools and work together closely on all relevant issues, including on the extent of Ofsted’s powers, which are always kept in view.
The evidence for the government’s statement is in Her Majesty’s Chief Inspector’s annual report, attached, published in December 2017, which includes statistics about the work of Ofsted’s unregistered schools team. Over an 18 month period, the Ofsted team looked into many possible settings but determined that only 38 of them had been operating as unregistered schools, and secured that, as at August 2017, 34 of those 38 settings ceased operating illegally.
We are aware of the recent findings in the Borough of Hackney, which refer to between 1,000 – 1,500 Charedi boys in out-of-school settings in that borough. The report made clear that these were yeshivas, offering religious teaching, in settings that do not meet the criteria to register as independent schools, but were operating as out-of-school settings.
The government’s Counter Extremism Strategy, published in 2015, set out plans to introduce a new system of oversight for out-of-school settings which teach children intensively, including part-time religious settings. We undertook a call for evidence to learn more about the range of settings, and to determine the potential scope and impact of introducing a regulatory system.
As well as considering the views of those that responded to the call for evidence, the department has been working with a range of stakeholders to strengthen our understanding of these settings, which vary considerably in their characteristics and the activities and education they offer. We will make an announcement on the outcome shortly.
It is Ofsted, rather than local authorities, that have powers in relation to unregistered schools, to collect evidence to support prosecutions. The department and Ofsted operate a joint team on unregistered schools and work together closely on all relevant issues, including on the extent of Ofsted’s powers, which are always kept in view.
In most cases, proprietors voluntarily complied with the law following the inspection by Ofsted, either by closing completely or by reducing their operation to a lawful part time provision. Some settings also went on to register as independent schools, so that they could legitimately re-open or increase their hours to full-time. Ofsted carries out further inspections without notice where it has reasonable cause to believe that an unregistered independent school continues to operate, either at the same premises or if it has re-established elsewhere. The Ofsted team draws significantly on local knowledge, from the local authority and other sources, on where such settings may be operating. The Department for Education/Ofsted joint team works together closely on all these issues. This remains a high priority for both the government and Ofsted.