Question to the Department for Education:

To ask the Secretary of State for Education, if he plans to take steps to prevent children who receive all their education in (a) unregistered and (b) unregulated religious schools from being exposed to homophobia, sexism and extremism.

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 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.

All unregistered schools present a safeguarding risk to the children attending since they are not regulated by the department. This means that these schools are not subject to inspection and so assurances cannot be made as to the quality and appropriateness of the education provided, the safety of the premises or the suitability of the adults responsible for the setting. The department will take regulatory action against any school found to be operating without registration, in breach of section 96 of the 2008 Act. This action can include the prosecution of those conducting and responsible for such settings.

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 settings.

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.