Ofsted to prepare prosecutions against operators of unregistered 'schools'

Nicky Morgan has asked Ofsted to “prepare cases for prosecution”, following revelations about ‘schools’ operating without registration.

Nicky Morgan has asked Ofsted to “prepare cases for prosecution”, following revelations about ‘schools’ operating without registration.

The existence of these unregistered ‘schools’ was highlighted to Mrs Morgan in letters from Ofsted chief Sir Michael Wilshaw.

In a letter dated 10 November, HM Chief Inspector of Schools wrote to Mrs Morgan, highlighting concerns over 15 unregistered ‘schools’ that were operating in violation of government regulations.

In a second letter dated 11 December, he wrote to Mrs Morgan to detail Ofsted’s findings in three unregistered Islamic ‘schools’ in Birmingham, which have since been shut down.

He also criticised Department for Education officials for failing to provide clear guidance to these institutions, leading them to believe that they could continue to operate whilst going through the registration process.

In response to Sir Michael’s recommendations, Mrs Morgan has now asked Ofsted to prepare prosecutions against those who have been identified as operating unregistered ‘schools’.

Under the current legislative framework, any educational institution that provides more than 20 hours of tuition per week must register with the Secretary of State for Education and is then subject to government-approved inspection.

Penalties for operating unregistered ‘schools’ include fines and up to 51 weeks in prison.

‘Irresponsible allegations’

In his December letter, Sir Michael said that some resources being used in the three ‘schools’ which are now shut down were “misogynistic, homophobic and anti-Semitic” and that children were subjected to “a narrow Islamic-focused curriculum”.

He also highlighted safety concerns, such as “a blocked fire escape and obstructed exits” and said that in one ‘school’, children were being taught in “unhygienic and filthy conditions”.

Following these revelations, the Ofsted chief executive emphasised his intention to look into all religious groups providing education, to see if they could be operating illegally.

He told the BBC:

"It will apply across the board, to any religious group whether Muslim group, Jewish group, or Christian group who wants to operate this sort of provision in unsafe accommodation, in unhygienic and filthy accommodation.

"It will apply to all religious groups, I want to make that absolutely clear".

Andrea Williams of Christian Concern has responded to Sir Michael’s comments, stating:

“Sir Michael Wilshaw has made irresponsible allegations, suggesting that Ofsted operates with a presupposition of guilt when it comes to religious institutions. We have yet to see any evidence that Christian groups are operating unregistered 'schools', yet Sir Michael gives the impression that this might be the case.

“The government should focus its resources where the problems are, rather than hunting for issues based on institutional bias.”