Ofsted calls for greater powers to close down illegal schools as suspected cases reach nearly 500

‘We are fighting the problem with one arm tied behind our back’

Eleanor Busby
Education Correspondent
Tuesday 04 December 2018 20:54 GMT
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Ofsted report highlights schools illegally offloading pupils to improve stats

Ofsted needs greater powers to help close down illegal schools or to prosecute those who run them, the chief inspector of the education watchdog has said.

Amanda Spielman has warned that the organisation is trying crack down on suspected unregistered schools with “one arm tied behind” its back.

Her calls for government legislation to be “strengthened” comes as new figures show the number of unregistered settings investigated by Ofsted has nearly reached 500.

Ofsted’s annual report shows that the watchdog received referrals for around 480 suspected cases in England since January 2016 – when a taskforce was set up to look into unregistered schools.

The number of possible illegal settings investigated by Ofsted has risen by around a third in nearly a year, as the watchdog confirmed in February that just over 350 sites had been investigated.

Speaking at the launch of Ofsted’s report in London, Ms Spielman said the watchdog’s concern around the rise in home schooling and the use of unregistered schools “grows every year”.

She said: “We will only get a grip on this problem when we know its scale and it is my sincere hope that the government will soon bring forward a legislative solution for the registration of children in elective home education so at the very least, we collectively know where these children are.”

On illegal schools, Ms Spielman added: “Until we are given proper powers to tackle these operations and the definition of a school is set out more clearly in legislation, we are fighting the problem with one arm tied behind our back.”

Ofsted has some powers to intervene in settings operating as unregistered schools, but its annual report says current laws are “too weak” to close places down or prosecute those running them.

“Many of these places are unsafe and without proper oversight we have no way of knowing if children are being exposed to abuse, or to radical and extreme views,” Ms Spielman warned.

She also highlighted that inspectors had found “dirty, squalid conditions”, as well as sexist and homophobic literature, in a number of sites Ofsted had visited.

Settings have been investigated in every region in England – with the highest numbers of possible illegal schools in London and the West Midlands.

The report warns: “In some of these settings, children are being taught by adults who have not had even the most basic checks of their suitability. Many of these settings are operating in buildings that are badly maintained or unsafe – in some cases, squalid.”

It adds: “It is clear that the quality of education and pastoral support offered by providers is often not of the level that any child has a right to expect.”

The Ofsted report also highlights that some of the sites are operated by those with “fundamentalist religious beliefs” – which it says puts children at risk of radicalisation.

It warned: “Many institutions have learnt how to operate on the cusp of the law by exploiting loopholes in definitions of education.

“This is despite some settings, particularly faith settings such as yeshivas and madrasas, providing religious instruction for five and sometimes six days a week, from early in the morning to late into the evening.

“In these cases, it is perverse that the narrower the curriculum provision, the safer such a setting is from prosecution.”

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However, the first prosecution of an unregistered school was successfully brought against Al-Istiqamah Learning Centre in Ealing in October this year. Inspectors found around 50 children were being illegally taught.

In other cases, illegal schools voluntarily closed down or complied with the law, the annual report said. By August 2018, 13 settings had closed down, eight registered and 31 changed their service to comply with current legislation.

In March, the government said it would review Ofsted's powers in relation to unregistered schools.

A Department for Education spokesperson said: “We are committed to ensuring children are safe from harm, wherever they are being educated. Ofsted’s task force is taking decisive action to tackle independent schools, which are operating illegally because they are not registered.

“Between 1 January, 2016, and 31 August, 2018, 274 inspections have taken place and 63 warning notices have been issued. During this time, 52 settings have closed or ceased operating illegally, three settings remain non-compliant and the remaining cases are still under active investigation.

“And through working with us, the police and Crown Prosecution Service, we can make sure illegal activity is uncovered and justice is delivered.”

They added: “The decision taken by the courts on Wednesday 24 October, which found two defendants and the company guilty of operating an illegal school, is evidence of this.

“We have also announced our intention to strengthen the registration requirement in relation to independent educational settings, as well as reviewing whether Ofsted’s powers can be strengthened in relation to unregistered schools.”

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