Children's leaders refute Wilshaw criticism over illegal schools

In a newspaper interview Sir Michael Wilshaw, who steps down at the end of the year as Ofsted chief, said that the inspectorate had identified 150 illegal schools where children were often being taught by unqualified teachers in poor conditions.

While he praised the actions of some councils for clamping down on them, he said others were failing to take action. He said lack of political will, professional incompetence and insufficient resources were among factors.  

But the Association of Directors of Children's Services's educational achievement policy committee chair Debbie Barnes has branded Wilshaw's comments as "unhelpful" for failing to "recognise the complexity of the issue".

She said: "Councils do not have the right to enter the premises, even where concerns are raised about the quality of education children receive or the hazardous conditions in which they are taught."

She called for more action at a national level by the Department for Education and Ofsted to help councils address the problem.

"For local authorities the issue is not about the structure of a school, a lack of resources or a lack of political will - this matter needs urgently addressing at a national level or these issues will continue to arise and pupils will be continuously let down," Barnes added.  

Roy Perry, chair of the Local Government Association's children and young people board, also called for more national support to help councils tackle illegal schools.

He said: "We have very limited powers around how far we can follow-up individual children who have been removed from regulated schools, rolls.

"Councils are working hard with their local communities to build strong, trusted links so that they can find and tackle these schools, but with responsibility for regulation lying with the DfE, and inspections run by Ofsted, both of these bodies need to be supporting councils to make sure that swift, effective action is taken against schools without forcing them further underground."

In highlighting the prevalence of illegal schools, Wilshaw said some parents were using home tuition rules to set them up together. Around half the schools identified by Ofsted were set up for religious reasons, and Wilshaw said children that attend such schools are at greater risk of being radicalised.

Ofqual chair Amanda Spielman has been put forward as Education Secretary Nicky Morgan's preferred candidate to replace Wilshaw, and he said tackling radicalisation in schools should be a priority of the new chief inspector.

The NSPCC said that some parents may be sending their children to such schools without knowing they are illegal. A spokesman for the charity said: "These illegal schools are troubling because parents cannot be certain that employees at these institutions have passed rigorous, robust checks that make a child's safety the top priority."

He added that it was "vital that every individual who works with children" passes proper background checks and has safeguarding training to "help keep every child safe".

Ofsted said it's report on illegal schools will be published later in the year.