Independent Schools: Regulation of Proprietors

Debate between Becky Gittins and Olivia Bailey

Tuesday 7th July 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Olivia Bailey)]

I sincerely thank my hon. Friend the Member for City of Durham (Mary Kelly Foy) for calling this debate, for her excellent speech and for her important advocacy on this crucial topic. I also join her in commending Mrs Middleton for her compassion and leadership; she has painted a powerful image of the staff clapping the pupils out on what must have been a very sad day. I also thank all Members who have contributed on this important topic this evening.

The subject of this debate, as I know through my colleague’s recent ministerial correspondence and her speech this evening, has rightly drawn much attention. I am incredibly sorry to hear of the closure of Durham high school, which is clearly a much-loved local school. I am particularly sorry to hear of how suddenly this news was communicated and the significant disruption this will cause to the children’s education. When schools are closed in the state sector, we of course make every effort to minimise disruption, and this is something I would expect equally of leaders in the independent sector. It is clearly concerning that that has not happened in this case.

As private businesses, private schools are responsible for ensuring their long-term viability and are free to make their own business decisions. However, while the Government do not play a role in the decision to close a private school, I can assure my hon. Friend that in this case, as with any closure, we are working closely with the local authority to ensure that places are available in local, state-funded schools for any child who requires one. I am happy to keep her up to date with this. I was also shocked to hear about the apparent nature of the behaviour of the owners of the school, including towards senior leaders, families and pupils. That is not the way we would all expect a reasonable and responsible owner to act while managing the closure of a business, especially one that affects children and families.

On my hon. Friend’s points on how the owner of Durham high school has acted, I know that she has raised this directly with the Insolvency Service and with colleagues at the Department for Business and Trade. While we understand that the owner is not currently in administration, there are robust protocols that will be followed if an administrator ends up being appointed. This process would include considering the conduct of the company’s directors and an assessment of whether further review or investigation was warranted. Where evidence of misconduct is identified and enforcement action is in the public interest, the Insolvency Service will of course take appropriate action.

On the wider issues my hon. Friend raises in relation to how the owner has conducted business at Durham high school, Ruthin, Malvern and other private schools, I know that this has been raised through the relevant channels at the Department for Business and Trade. On all cases where there is potential malpractice, my colleagues at the DBT will take the necessary action. On the topic of our statutory powers in relation to independent schools, the Department has a robust system in place around how proprietors are registered and regulated. The proprietor is the person or persons legally responsible for the running of the school. They are responsible for ensuring that all the independent school standards are met, including in areas such as safeguarding, health and safety, and quality of education. When a new private school wants to register, as 105 did successfully in 2025, they must set out how they will meet the independent school standards, and the Secretary of State carries out a number of safer recruitment checks on the proprietor of any proposed new school. These important, wide-ranging checks include an identity check and an enhanced Disclosure and Barring Service check, as well as checks to ensure that the proprietor is not barred from working in regulated activity with children, is not the subject of a prohibition from management order, and has the right to work in the UK.

The Secretary of State has powers to prohibit a person from managing a private school. Any such prohibition prevents a person from being a proprietor of a private school. Any change of proprietor is considered a material change, and therefore the Secretary of State carries out the same suitability checks that I have already set out.

Recognising the importance of the proprietor role, this Government have recently taken powers via the Children’s Wellbeing and Schools Act 2026 to allow the Secretary of State by regulations to create a fit and proper person test for proprietors of private schools. We are currently considering what might fall under this test, so this debate is timely and useful.

[Becky Gittins]

In the light of what we have heard this evening, does the Minister agree that the case of Galaxy Global Education warrants the Department for Education’s considering the recording of information about not only who is running independent schools, but the ownership of independent schools? Will she meet me and other affected MPs, alongside colleagues in DBT, to ensure that, where there are issues of widespread foreign ownership and business malpractice, we can get together and eradicate them from our independent schools sector?

[Olivia Bailey]

I am grateful to my hon. Friend for her advocacy on this topic both in the Chamber and outside it. I am extremely concerned to hear of the practice that has been described this evening. I am happy to meet with her, my hon. Friend the Member for City of Durham and any other affected Members, along with a relevant Minister from the Department for Business and Trade, to talk about those wider issues. I will come shortly to the specific point she makes about recording ownership.

The ownership details of private businesses are available at Companies House. If the school is a charity, as around half of all private schools are, the Charity Commission will hold additional information. On the point made by my hon. Friend the Member for Clwyd East (Becky Gittins), I have asked officials for advice on ways that we could consider recording the ownership of private schools to understand better who is potentially making any profit or who is taking relevant business decisions. I also reassure my hon. Friends that we keep our registration and regulation regime under continuous review.

I acknowledge the strong views expressed by hon. Members, and again thank my hon. Friend the Member for City of Durham for bringing this issue to the attention of the House. Whenever a school closes, it is a sad and challenging time for both parents and children, and my thoughts are with all the families affected by the closures in my hon. Friends’ constituencies.

I assure the House that the safety and quality of education provision for all children in this country is something that I take incredibly seriously whether a child is at a private school or a state school. When it comes to how we register and regulate our private schools, I have taken on board the points raised across the House today and will continue to work to ensure that our system is as robust as it can be, so that all children receive the fantastic education they deserve.

Question put and agreed to.