Illegal school prosecuted with clampdown expected
An organisation and its leaders have been convicted for running an unregistered, independent school in the first case of its kind.
The Crown Prosecution Service (CPS) has prosecuted against the Al-Istiqamah Learning Centre – described as a learning centre for home-educated children – for operating an illegal school. Headteacher Beatrix Bernhardt, 38, and director Nacerdine Talbi, 47, have been found guilty of running the learning centre in Ealing, west London, following a trial at Westminster Magistrates’ Court.
It was found to be teaching more than 50 children aged between five and 11 years old – despite not being registered as a school with the Department for Education (DfE). The defendants were yesterday handed a three-month curfew between 9pm and 6am. Bernhardt was fined £400 plus an £85 victim surcharge while Talbi was fined £300 plus an £85 victim surcharge.
It is the first time that people have been prosecuted for running an educational institution without registration in England and Wales. Schools watchdog Ofsted visited the centre – which is based inside a three-storey office block – on two separate occasions in October and November of last year. Photographs of lesson plans and homework diaries taken by Ofsted inspectors showed that the centre was being run as a school, the court heard. This is in contrary to the Education and Skills Act 2008, which states it is illegal to run a full-time educational establishment that has not been registered as a school with the DfE, the court ruled. Ofsted issued a warning notice at the end of the inspection, instructing the organisation to stop operating illegally. When the school continued to operate, Ofsted passed the investigation to the CPS.
The prosecution is expected to become a test case for a clampdown on unregistered schools by the government and Ofsted. In March this year, the government announced that Ofsted could be given new powers to crack down on suspected illegal schools – allowing them to seize extremist material and interview leaders.
On the case against Al-Istiqamah Learning Centre, Lynette Woodrow, from the CPS, said: “This is the first prosecution of its kind against an unregistered school in England and Wales. “The centre claimed it simply provided tuition to home-schooled children but using witness statements and photographic evidence collected by Ofsted inspectors, the CPS was able to prove this was not the case. It is a criminal offence to run an unregistered school and we will take steps to prosecute those responsible where there is the evidence to do so.”
Amanda Spielman, chief inspector of Ofsted, said: “I am glad the courts have recognised our serious
concerns about unregistered schools. These schools deny children a proper education and leave them at risk of harm and, in some instances, radicalisation.
“We hope that today’s judgment sends out a message to all those running such schools that they will face justice. We will continue to investigate and expose illegal, unregistered schools and where we find them, play our part in making sure they are closed or become properly registered.”
She added: “Further action is needed now to protect the children who attend these settings. As I have said before, Ofsted need proper powers so that we can make sure all children receive a decent education that prepares them for life in modern Britain, and keeps them safe from harm.”
Lord Agnew, minister for the school system, said: “We have always been clear that where schools are operating illegally action will be taken, and this decision is evidence of that. I welcome the court’s ruling and look forward to continuing our work with Ofsted and the CPS, building on the successes we’ve already had, to keep children safe and ensure they are getting the best possible education.”