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<p>Any educational institution which provides full-time provision to five or more
pupils of compulsory school age (or one or more pupils of compulsory school age who
is ‘looked after’ or has an education, health and care plan) is required to register
with the Secretary of State for Education as a school. It is a criminal offence under
Section 96 of the Education and Skills Act 2008 to conduct an independent educational
institution unless it is registered.</p><p>The department has not made any estimate
of the number of pupils in unregistered schools. Those conducting an unregistered
school are committing a criminal offence and they do not generally inform the department
about the school’s operation. It is not therefore possible to accurately estimate
the number of children attending an unregistered school.</p><p>The department and
Ofsted continue to investigate any institutions where intelligence or evidence suggest
the operation of an unregistered school. Section 97 of the Education and Skills Act
2008 permits no-notice inspections of institutions believed to be operating in breach
of the registration requirement.</p><p>Between 1 January 2016 and 31 August 2021,
119 settings subject to a Section 97 inspection were identified as operating as an
unregistered independent school. Joint work between the department and Ofsted has
led to 101 of these settings changing their provision to operate lawfully, and no
longer in breach of the 2008 Act. In that time, five successful prosecutions have
been brought against those responsible for conducting illegal settings.</p><p>The
department consulted in 2020 on extending the registration requirement to education
institutions that operate full time but only offer a very narrow curriculum, which
are currently allowed to operate without registration. The department will respond
to this consultation soon, setting out next steps. The department has also committed
to taking forward measures to make it easier to investigate and prosecute unregistered
schools, including in the 2019 Integrated Communities Action Plan. The department
intends to take forward such measures when a suitable legislative opportunity arises.</p>
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