0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

another Ofsted investigation resulting in prosecution – Independent school in Lincolnshire found operating illegally

7 October 2019

Following an Ofsted investigation, it was found that Freiston Hall, an independent school in Lincolnshire, was operating illegally. The school was found to be unregistered and unsafe but had been accepting £1,200 per week per child.

The three owners of the school have now been prosecuted for conducting an unregistered independent school contrary to s.96 Education and Skills Act 2008. The defendants were each given a 12 month conditional discharge and a £1,000 fine by the Lincolnshire Magistrates’ Court.

The school taught children with highly complex physical and mental health needs and with some students also residing at the school. It has been reported that children were not supervised adequately and in accordance with their needs; further to this staff members working at the school had not undergone the appropriate checks or first aid training.

In 2017 the Department of Education referred the school to Ofsted’s unregistered school task force who issued a warning to the school; however the school continued to operate illegally.

Ofsted’s Chief Inspector said: “Registration is so important. Schools operating beneath the radar are not subject to regular inspection, so we cannot be assured that they are safe or providing good quality education. We want to send a clear message to those who continue to run unregistered schools, despite being warned not to. You will face justice.”

Understanding when and in what circumstances to register with Ofsted is key to ensuring that organisations do not fall foul of the regulatory regime. Ofsted registration is required in relation to children’s homes and most childcare providers looking after children under the age of 8. 

It is a criminal offence to provide unregistered childcare, or on unapproved premises, if you are legally required to register. Ofsted is responsible for making sure that only people who are suitable and ready to provide childcare are registered.

For more information, please look click here.

related opinions

COVID-19 child protection practice - four months in - lessons learned so far

In June 2020 the University of Birmingham published a research briefing exploring the impact of the COVID-19 pandemic on child protection practice.

View blog

Levelling Up – What now for education policy?

Following the Conservatives’ election victory in December the new government will be able to implement their election manifesto in full.

View blog

ACAS publishes new advice on handling coronavirus at work

ACAS has issued guidance for employers in order to deal with sick pay, quarantined staff and staff who are reluctant to come into work due to fears of catching coronavirus.

View blog

Compulsory retirement age still hitting the headlines

Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up