Lord Storey

An unregistered school is defined as any setting that is operating as an independent school without registration. It is a criminal offence under section 96 of the Education and Skills Act 2008 for a person to operate an unregistered independent school. The department does not retain data about the number of unregistered schools operating.

The department works closely with Ofsted, the Crown Prosecution Service and the police to identify and close unregistered schools to ensure children are protected from harm. Ofsted has powers under section 97 of the Education and Skills Act 2008 that allows for unannounced inspections of settings believed to be operating in breach of registration requirements. A team of inspectors are employed to identify, investigate and inspect any setting where there is evidence to suggest that an unregistered independent school is operating.

The department will publish an updated audit closure report in Quarter 1 of 2025/26 on completion of the remedial actions.

The department has collected local authority data on electively home-educated children from local authorities in England since autumn 2022. The most recent published figures show an estimated 92,000 children in home education on the October 2023 census, which is an increase from 80,900 on the same day in the previous year.

The department knows that local authorities are concerned about rising numbers and the resulting implications on resources for their ongoing education and safeguarding duties. Data collection shows that mental health, special educational needs and disabilities (SEND) and dissatisfaction with schools are increasingly common reasons behind decisions to home-educate. The forthcoming SEND reforms will help more schools to meet the needs of children with SEND and may help to stem the flow of families who feel that schools are not able to appropriately support their child.

The government will legislate for statutory local authority registers of children who are not in school as part of the Children’s Wellbeing Bill, which will be introduced in due course. Parents will have a duty to provide information about their child for these registers. This will help to improve local authority and the department’s understanding of this cohort of children and enable local authorities to target resources and capacity to those children who need it most.

The requested information is not held centrally.

Where a pupil has been permanently excluded, it is for the local authority to determine the most appropriate form of alternative provision for a child, and they must put educational arrangements in place for a permanently excluded child from the sixth school day following the permanent exclusion. The education must be suitable, full-time, or as close to full-time as is in the best interests of the child, and on par with what the child would have received in a mainstream school. The department has published statutory guidance on alternative provision (AP), which local authorities must have regard to. This can be found here and is attached: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/942014/alternative_provision_statutory_guidance_accessible.pdf.

The department collects data on children missing education (compulsory school aged children not registered at school or otherwise receiving suitable education) from local authorities on a voluntary basis. The latest figures are attached, and can also be found here: https://explore-education-statistics.service.gov.uk/find-statistics/children-missing-education.

On census day in autumn 2023 there were an estimated 33,000 children missing education (this includes adjustments made for non-response and is based on a figure of 30,400 reported by 94% of local authorities).

The figures do not include children registered in schools or alternative provision who are persistently or severely absent and/or on part-time timetables, or children receiving suitable elective home education.

This government is committed to the introduction of local authority registers of children who are not in school. These measures will be included in the future Children’s Wellbeing Bill, as announced in His Majesty the King’s Speech on 17 July 2024. These measures will ensure that the department and local authorities are able to keep a record of children and ensure they are receiving the high standard of education they all deserve.