Nearly 1,000 ‘illegal school’ inspections in a decade – but just seven prosecutions

A new Ofsted report into inspections of suspected unregistered schools has revealed an escalation in England’s illegal school scandal. Since 2022 Ofsted has logged 200 referrals of suspected unregistered schools per year, compared with an annual average of fewer than 150 before then. Since it set up a specialist enforcement team in 2016, it has opened 1,574 investigations, carried out 945 inspections and issued 212 warning notices, yet secured only seven prosecutions of seven settings – resulting in 21 convictions.

The large drop from the number of inspections to the number of prosecutions is because Ofsted doesn’t have sufficient powers to prosecute in most cases – allowing proprietors of illegal schools to continue operating with impunity. The Children’s Wellbeing and Schools Bill will solve this problem. Humanists UK is supporting these areas of the Bill and has said the latest review shows why it is essential.

Illegal religious schools – a form of child abuse

Humanists UK has campaigned on this issue for more than a decade, supporting whistleblowers, collating testimony from former pupils and providing evidence that prompted Ofsted to create the unregistered schools unit. At least 6,000 children are in illegal religious schools in England. Many of these establishments masquerade as centres for ‘part-time tuition’, thereby exploiting loopholes in the law. In reality they operate full-time, and put children at risk with no regard for proper health, safety, or safeguarding.

Many operate from cramped industrial units or private homes and, according to Ofsted, health and safety and safeguarding problems are often found including blocked fire exits, unsafe wiring, unsanitary facilities and adults who have never undergone safeguarding checks. Sometimes the pupils trapped in them do nothing all day bar learn religious texts. Many leave school unprepared for life in modern Britain – perhaps not speaking English, despite having grown up here. Child sexual abuse is well documented.

Of the 669 settings inspected since 2016, 18% were confirmed to definitely be faith-based. For many of the others it is impossible to know.

Children’s Wellbeing and Schools Bill will increase Ofsted’s powers

The Children’s Wellbeing and Schools Bill, now before the House of Lords, would define such settings as independent educational institutions – a class of institution that can then be regulated out of existence through Ofsted powers to inspect.

It will also introduce a national register for home-schooled children, making it harder for illegal providers to operate.

Humanists UK’s Education Campaigns Manager Kieran Aldred said:

‘Ofsted’s findings reveal the hundreds of illegal schools operating across England, with risks to the safety of children who attend them. But the handful of prosecutions indicates limitations of Ofsted’s ability to take action against these settings, many of which are dogmatic faith-based institutions. We welcome the provisions in the Children’s Wellbeing and School Bill to address these problems.’