Question to the Department for Education:

To ask the Secretary of State for Education, what estimate he has made of the number of pupils being educated in illegal schools; and what steps he is taking to prevent those schools from operating.

Any educational institution which provides full-time provision to five or more pupils of compulsory school age (or one or more pupils of compulsory school age who is ‘looked after’ or has an education, health and care plan) is required to register with the Secretary of State for Education as a school. It is a criminal offence under Section 96 of the Education and Skills Act 2008 to conduct an independent educational institution unless it is registered.

The department has not made any estimate of the number of pupils in unregistered schools. Those conducting an unregistered school are committing a criminal offence and they do not generally inform the department about the school’s operation. It is not therefore possible to accurately estimate the number of children attending an unregistered school.

The department and Ofsted continue to investigate any institutions where intelligence or evidence suggest the operation of an unregistered school. Section 97 of the Education and Skills Act 2008 permits no-notice inspections of institutions believed to be operating in breach of the registration requirement.

Between 1 January 2016 and 31 August 2021, 119 settings subject to a Section 97 inspection were identified as operating as an unregistered independent school. Joint work between the department and Ofsted has led to 101 of these settings changing their provision to operate lawfully, and no longer in breach of the 2008 Act. In that time, five successful prosecutions have been brought against those responsible for conducting illegal settings.

The department consulted in 2020 on extending the registration requirement to education institutions that operate full time but only offer a very narrow curriculum, which are currently allowed to operate without registration. The department will respond to this consultation soon, setting out next steps. The department has also committed to taking forward measures to make it easier to investigate and prosecute unregistered schools, including in the 2019 Integrated Communities Action Plan. The department intends to take forward such measures when a suitable legislative opportunity arises.