GLD Vacancies

SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

Ofsted inspectors uncover more than 100 suspected unregistered schools

More than 100 suspected unregistered schools have been identified since Ofsted set up a taskforce on the issue in January this year, Chief Inspector Sir Michael Wilshaw has revealed.

In a letter to Education Secretary Nicky Morgan, Wilshaw said evidence gathered by the team of inspectors had reinforced his belief that there were “many more children hidden away from the view of the authorities in unregistered schools across the country than previously thought”.

In April inspectors issued seven warning notices to suspected illegal schools operating in London, Birmingham, Luton, Wolverhampton and Staffordshire.

A number of individuals have been interviewed under caution in relation to suspected offences.

Sir Michael’s letter suggested that around 350 children or young people were found to be on the premises during inspectors’ visits.

According to the Chief Inspector, the team of dedicated inspectors continued to be “deeply alarmed” by what they were finding during some of their visits.

These issues included:

  • Serious fire hazards, including obstructed exits and inaccessible fire escapes;
  • Unsafe and unhygienic premises, including in one case, chemicals and chemistry equipment in an unlocked food cupboard in a room where children ate their lunch; and
  • Staff and volunteers who have not been properly checked or cleared to work with children.

Sir Michael said: “What we have found so far is likely to represent only a small proportion of the illegal schools operating across the country. Inspectors are hearing about suspected new cases every week.”

The Chief Inspector said he therefore remained “extremely concerned” about the number of children and young people who might be at significant risk of harm and indoctrination.

He added that the evidence reaffirmed his belief that there was a clear link between the growth of unregistered schools and the steep rise in the number of children recorded as being home educated in England over the past few years.

Sir Michael wrote: “I have previously voiced concern that many of those operating unregistered schools are unscrupulously using the freedoms that parents have to home educate their children as a cover for their activities.

“They are exploiting weaknesses in the current legislation to operate on the cusp of the law.”

The Chief Inspector said swift and decisive action was needed to deal with the issue. He also called on local authorities to show vigilance and share their local intelligence with other agencies, including Ofsted.

Sir Michael added that, to enable local authorities to fulfil their statutory function, he had asked inspectors to write to the relevant council immediately following any inspection of an unsafe and unsuitable setting.

“Whenever necessary, they will also provide a list of the children found to be attending the setting,” he said. “This will help local authorities perform their duty under section 437(1) Education Act 1996 to serve notices on parents whose children may not be receiving a suitable education.”

The Chief Inspector went on to say that he would welcome the opportunity for Ofsted officials to work with Department for Education on the current legal framework around home education “to consider how the arrangements could be strengthened.”

A copy of Sir Michael’s letter to the Education Secretary can be viewed here.