Asked by: Lord Warner (Crossbench - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 6 November (HL2408), whether there have been no prosecutions for operating unregistered schools because no cases have been put to the Crown Prosecution Service, or for evidential reasons.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
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.
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government what guidelines they have issued to Crown Prosecutors on the prosecution of persons for operating unregistered schools.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
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/
Asked by: Lord Warner (Crossbench - Life peer)
Question to the Attorney General:
To ask Her Majesty's Government how many successful prosecutions there have been for operating an unregistered school in each of the last five years.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
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.