Question to the Department for Education:

To ask His Majesty's Government, further to the written answer by Baroness Barran on 9 March (HL5960), what further checks they have made to the 81 settings that claimed to have changed their operations; what steps they have taken to ensure that the 21 settings that have closed their operations have not reopened in another location; what powers local authorities have to close settings that are not compliant with safeguarding requirements; and whether, in the consultation to be launched later this year, they will seek to define "school" so as to enable Ofsted to close unsatisfactory settings more speedily.

It is a criminal offence under Section 96 of the Education and Skills Act 2008 to conduct an independent school which is not registered with the Department. Her Majesty’s Chief Inspector of Schools (HMCI) may, under Section 97 of that Act, inspect without notice any setting which they have 'reasonable cause to believe' is the site of an unregistered independent school. Settings that have previously been inspected under Section 97 and where the proprietor has been issued with a warning notice are likely to be inspected again under Section 97 to check compliance. This includes settings where the second inspection confirms closure or a change to compliant operation. A setting may not be inspected again under Section 97 where HMCI no longer has reasonable cause to believe that an unregistered school is being conducted. This may occur, for example, if the setting has registered as a school and is then subject to inspection as such. Ofsted considers all intelligence it receives about unregistered independent schools and will undertake a Section 97 inspection where it has reasonable cause to believe that an unregistered independent school is operating. This includes where new intelligence is received about previously closed sites or where proprietors that have received warning notices may be operating on alternative sites.

The department has consulted on expanding the categories of full-time institutions that will be regulated in the same way as independent schools, as well as defining what is ’full-time’ for these purposes. Following this consultation, the government intends to legislate in this area at the next available opportunity.

Local authorities have overarching responsibility for safeguarding children and young people in their area, whether these children attend a school (either registered or unregistered), or an out-of-school setting (a setting not offering full-time education). They have a range of legal powers already in place to support them in this responsibility. The department will continue to work with authorities to ensure they are utilising the existing legal powers available to them. The department will also be reviewing and strengthening our existing guidance for local authorities on unregistered schools and out-of-school settings to support them to do this.