Question to the Department for Education:

To ask the Secretary of State for Education, what assessment he has made of the potential adequacy of penalties faced by those prosecuted for operating illegal schools; and if they will make a statement.

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. Those found guilty of this offence can be fined an unlimited amount or face up to 6 months in prison.

The Department for Education and Ofsted continue to investigate any settings 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 settings believed to be operating in breach of the registration requirement.

Between 1 January 2016 and 31 August 2021, 114 settings inspected under section 97 were identified as operating as an unregistered independent school. Joint work between the Department for Education and Ofsted has led to 101 of these settings changing their provision to no longer operate unlawfully, in breach of the 2008 Act. In that time, 5 successful prosecutions have been brought against groups responsible for operating illegal schools. Anyone who suspects that an unregistered school may be operating may make a referral via our dedicated web page here: https://www.gov.uk/guidance/report-an-unregistered-school.

The department’s policy statement sets out the factors we consider when considering whether to proceed with a prosecution, and we will always pursue a prosecution when this is in the public interest: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/826588/Prosecuting_unregistered_independent_schools_policy_statement_21_August.pdf.

The department has committed to taking forward measures to make it easier to investigate and prosecute unregistered schools, and these will be introduced when a suitable legislative opportunity arises.