Three Convicted of Running Unregistered School

An usual case appeared before Lincoln Magistrates last week, when three people were convicted of running an unregistered school.

The trio admitted an offence under section 96 of the Education and Skills Act 2008, namely that they conducted an independent educational institution without it being registered. This is a summary offence with a maximum penalty of 6 months' custody, an unlimited fine or both.

Patricia Hodgkinson, Albert Okoye and Clement Earle each received a conditional discharge and were ordered to pay £1,000 costs and £20 victim surcharge.

Six local authorities were misled into paying hundreds of thousands of pounds of public money for children to be educated at Freiston Hall, Lincolnshire. Local authorities were being charged £1,200 a week for each child's education. Freiston Hall clearly sought to identify itself as a school in its name, on its website and in other documents. Some local authorities told Ofsted that they were assured by the school that it was registered.

Freiston Hall was an unregistered school for looked after children with highly complex physical and mental health needs. Children lived on site at the registered children's home while receiving all their education at the on-site unregistered school.

Freiston Hall School was referred to Ofsted's unregistered schools taskforce in September 2017 after it was suspected to be operating without registration. Despite a warning issued by Ofsted, the school continued to operate illegally.

Ofsted carried out 2 further pre-registration inspections, which found that Freiston Hall was unlikely to meet the government standards. It had failed to carry out necessary staff suitability checks, to give first aid training to staff, and to supervise pupils adequately.

At a final unannounced inspection Ofsted inspectors found unsupervised children wandering around the premises. Staff were struggling to keep reasonable order and calm, while children became agitated and upset.

Freiston Hall only closed because Ofsted issued the associated children's home with a suspension notice. The children were removed and placed elsewhere. The proprietors had no choice other than to close the school.

Amanda Spielman, Her Majesty's Chief Inspector of Education, said: "The people running Freiston Hall were receiving large amounts of public money from local authorities, which were paying for exceptionally vulnerable children to be educated in an unregistered, unsafe school.

"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.

"This case should also serve as a warning to local authorities. Decisions about placements must be made with due diligence. All local authorities should be carrying out the necessary checks to make certain that schools are registered with the Department for Education."

This is only the third prosecution of its kind brought by Ofsted's unregistered schools taskforce.