SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

First convictions secured for running unregistered school

The first convictions for running an unregistered independent school in England and Wales have been secured this week.

Head teacher Beatrix Bernhardt, 38, and centre director Nacerdine Talbi, 47, were convicted of running the Al-Istiqamah Learning Centre in Southall, west London, following a three-day trial at Westminster Magistrates’ Court.

The court heard how Ofsted inspectors visited the centre based inside a three-storey office block along Uxbridge Road on two separate occasions on 12 October and 14 November in 2017. They found more than 50 children between five and 11 years old being taught at the centre.

The CPS said photographs of lesson plans and homework diaries taken by Ofsted inspectors showed that the centre was being run as a school.

It is contrary to the Education and Skills Act 2008 to run a full-time educational establishment that has not been registered as a school with the Department for Education.

Nacerdine Talbi was convicted of conducting an unregistered independent educational institution, contrary to section 96(1) and (2) of the Education and Skills Act 2008.

Beatrix Bernhardt was convicted of conducting an unregistered independent educational institution, contrary to section 96(1) and (2) of the Education and Skills Act 2008.

The Al-Istiqamah Learning Centre Limited was convicted of conducting an unregistered independent educational institution, contrary to section 96(1) and (2) of the Education and Skills Act 2008.

Lynette Woodrow, Deputy Chief Crown Prosecutor for the Complex Casework Unit in CPS London South, 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.”

Sentencing will take place in due course.