Second prosecution of its kind following Ofsted investigation for running an illegal school
A Head Teacher and her father were convicted at Westminster Magistrates’ Court for running an unregistered private school in Streatham.
A Head Teacher and her father were convicted at Westminster Magistrates’ Court for running an unregistered private school in Streatham.
Nadia and Arshad Ali were found guilty of illegally running Ambassadors High School (“the School”), which charged £4,500 per year and had 45 children of compulsory school age on the roll. Mrs Ali was sentenced to 120 hours of unpaid work and fined £1000. Mr Ali and the company were also fined.
Under section 96 (1) of the Education and Skills Act 2008 (“the Act”) “a person must not conduct an independent educational institution unless it is registered”. The offence is a summary offence and currently carries a maximum penalty of 6 months’ imprisonment, an unlimited fine or both.
In September 2018 the School had attempted to register as an independent school. In February 2019 Ofsted carried out a Pre-registration Inspection in which serious safeguarding issues were found. It judged that the school would not meet the required standards.
HM Chief Inspector for Ofsted believes this is the “tip of the iceberg” and has said several times over the past few years that Ofsted urgently needs stronger investigatory powers and believes the Government needs to tighten up the legal definition of a school. She also commented that Ofsted are committed to continuing to “expose these places, and make sure they either close or become properly registered and subject to regular inspection.”
Ofsted are actively investigating at least 8 possible unregistered schools while more settings continue to be identified.
This case highlights the risk of non-compliance with the legal requirements and Ofsted’s decision not to register the school. If found guilty of breaching section 96(1) of the Act an individual is liable on summary conviction to a term of imprisonment and/ or a fine.
The mood at Ofsted also suggests that there will be more cases like this and clients should ensure that their school is compliant with all current legislation. This follows calls for the Government to tighten up the legal definition of school.
.jpg?variant=HeroImageTabletVariantDefinition)
You may be interested in...
Legal Update
Understanding the ICO's new fining guidance
Legal Update
7 ways academy trusts can prepare for the new Corporate Transparency Act
Online Event
School complaints: handling problem parent behaviour
Press Release - Firm news
Three newly-qualified solicitors join Browne Jacobson’s education team
In Person Event
National Governance Conference for schools and trusts
Podcast - #EdInfluence
#EdInfluence podcast (series 3) - in conversation with inspiring leaders
Legal Update
AI deep fake fraud exposed - five key lessons and how we need to respond
Legal Update
Landmark judgment in OCS Group UK Limited v Community Health Partnerships Limited
Opinion
Can teachers personal and political views amount to misconduct?
Legal Update
New leadership for our education team
Press Release - Firm news
Browne Jacobson announces Nick MacKenzie to succeed Mark Blois as head of Browne Jacobson’s education team
Online Event - Shared Insights
Shared Insights: focus on the Patient Safety Incident Response Framework (PSIRF)
Legal Update
Changes to academy conversion funding
Legal Update
Holiday pay: Government change clarifies treatment of term time only workers
Legal Update
Forest Risk Commodities regulations: Steps food businesses should take
Legal Update
All change at Companies House - Corporate Transparency Act
Online Event
Understanding the changing role of company secretary for academy trusts
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Opinion
School attendance matters
Legal Update
Not quite a blanket ban on mobile phones in schools: DfE guidance insights
Legal Update
Charity law update – March 2024
Opinion
Caregivers at work: Navigating new carer's leave regulations
On-Demand - Shared Insights
Shared Insights: Sexual safety in the workplace — how leaders can help to create a sexual safety culture
Legal Update
Updated guidance for collaborative learning delivery in higher education
Opinion
EHRC publishes new guidance on menopause and the workplace
Opinion
Regulator warning on future dangers of asbestos
In Person Event
Child protection in Education – London
In Person Event
Leading Safeguarding 2024 - London
In Person Event
Optimus: HR update and people strategy
Legal Update
The Home Affairs Committee launched another inquiry into fraud - Stop! Think Fraud
Legal Update
Progress on the Automated Vehicles Bill
Legal Update
UK falls to lowest position for corruption – so what’s going wrong?
Legal Update - Be Connected (schools)
Be Connected (schools and academy trusts) - February 2024
Legal Update
Ofsted reform: Where are we now and where do we go from here?
Legal Update
New case on the reasonable adjustment duty for pupils in schools
Legal Update
What does the new gender questioning guidance mean for schools?
Legal Update
How do holiday pay reforms affect the education sector?
Legal Update - Building Safety Act
Do your campus buildings comply with the latest legislation?
Published Article
Proactive handling of vexatious complaints and abuse of staff in schools
