Part 10 of the Education Act 2002 requires all independent schools to be registered with the Department for Children, Schools and Families. Applications for registration by new schools must be made before a school begins to operate and admit pupils. Regulations made under the Education Act 2002 set out a range of standards that all independent schools in England must satisfy as a condition of registration.

The regulations cover:

• the quality of education provided
• the spiritual, moral, social and cultural development of pupils
• the welfare, health and safety of pupils
• the suitability of proprietors and staff
• the premises and accommodation
• the provision of information and the way in which complaints are handled.

These standards will be examined by the Office for Standards in Education (Ofsted) before an application for registration is approved and during the first year of operation. They will be examined thereafter by the relevant inspectorate during the regular cycle of inspections that all independent schools are required to undergo to ensure they continue to meet the standards for registration. The 2002 Act provides for action to be taken where schools do not meet the standards.

The Department has prepared an information pack that sets out for proprietors the requirements of the legislation and to help those intending to apply for registration to submit the necessary documentation. The pack gives advice on those points most commonly raised by independent schools. It cannot attempt to offer an authoritative statement on all matters relating to the regulation of independent schools and, given the diversity of the sector, schools may wish to request individual advice.

Tacit consent

We aim to process applications within six months. Tacit consent does not apply to an application for registration of an independent school as there is a legitimate public interest in the outcome of these applications. If an application is not processed within that period it will not be deemed granted. This is to prevent the registration of an independent school being approved inadvertently and subsequently resulting in a risk to the welfare, health and safety of children.

Resolution of disputes between the Department and schools

An application to register a school will be rejected if documentation is inadequate or not provided within a reasonable timescale or premises are inadequate. A fresh application may be made when any inadequacies have been addressed. 
If a registered school is failing to meet the regulatory standards the Department may delete it from the Register of Independent Schools. An appeal against deletion may be made to a tribunal. Details of the appeal process will be provided when relevant.

Resolution of disputes between schools and parents

All schools must have a complaints policy setting out a complaints procedure that complies with the regulations governing independent schools. While this Department does not intervene in individual disputes, we will, where serious concerns are raised, take steps to ensure a school is meeting the regulatory standards.

Download the information pack [word document, 296kb]
Download Independent Schools Common Questions [word document, 46kb]

Online registration

From 21 December 2009 the registration application form may be completed and submitted online, by registering on the Business Link website. If you prefer not to use the online facility, you can download the registration form and e-mail it to: registration.enquiries@dcsf.gsi.gov.uk or post to the address below.

For a hard copy of the information pack or clarification on any points raised in the pack, please contact the independent education and boarding team at:

IEBT
DCFS
Mowden Hall
DARLINGTON
DL3 9BG
Tel: 01325 392159
Fax: 01325 392128
E-mail: registration.enquiries@dcsf.gsi.gov.uk

Agreements with inspectorates

The Department has the following agreements in place between Ofsted, the Independent Schools Inspectorate (which inspects schools affiliated to Independent Schools Council), the Schools Inspection Service (which inspects schools affiliated to the Focus Learning Trust) and the Bridge Schools' Inspectorate (which inspects independent schools affiliated to the Christian Schools Trust and the Association of Muslim Schools):

Download the Ofsted agreement letter [pdf, 191kb]
Download the Ofsted agreement [word, 40kb]
Download the ISI agreement Letter [pdf, 212kb]
Download the ISI agreement [word, 49kb]
Download the Schools Inspection Service agreement [word, 50kb]
Download the Bridge Schools’ Inspectorate agreement [word, 55kb]