Tougher powers are needed for councils to oversee and regulate
out-of-school settings (OOSS) – including being able to shut down
illegal schools – after an independent report commissioned by the
Government uncovered major safeguarding concerns.
The Department for Education funded a pilot in 16 council areas
over an 18-month period into the oversight of OOSS, examining
safeguarding risks and existing legal powers available to
councils.
OOSS is a wide range of provision including uniformed
organisations, sports and leisure clubs, supplementary schools,
faith-based organisations and arts clubs.
The pilot identified multiple safeguarding risks, including
physical chastisement/corporal punishment, grooming/sexual
abuse/child exploitation and extremism/radicalisation.
The Local Government Association, which represents councils, says
the findings of the report reinforce long-standing calls for
councils to be given greater oversight of such settings and
powers to intervene and act where necessary.
Currently OOSS are not required to notify councils about their
provision and allow access to their settings, while many parents
also assume they are regulated in a similar way to schools or
childcare providers.
The report found there was significant potential for safeguarding
harm in OOSS, as unlike other educational settings and childcare
services, the sector is unregulated under education and childcare
law.
It found current legal powers to act are also not widely
understood, making it difficult for councils to intervene.
In addition, there is low take up of offers of free voluntary
support from councils for OOSS, despite councils’ efforts to
encourage OOSS to engage with them and take up training and free
DBS checks.
The LGA is calling on the Department for Education to act on the
report’s findings and give councils tougher powers to ensure
child safety, while ensuring they are adequately funded and
resourced to do so.
It says while the vast majority of OOSS will provide safe and
suitable environments for children, it is vital that they are
required to register with their council, ensuring they comply
with safeguarding checks.
The LGA has previously raised concerns over illegal schools and
have called for councils to be given powers to shut these down.
Where councils have raised this problem previously, they have
been told to use fire, planning and health and safety powers, an
arrangement that is wholly unsatisfactory.
It is calling for tougher powers to include:-
- Being able to legally act on any concerns and close down
unsafe premises as a last resort option
- Requiring OOSS to register with their council
- Ensuring settings comply with all safeguarding checks
Cllr Louise Gittins, Chair of the LGA’s Children and Young People
Board, said:
“Most out-of-school settings will provide safe, positive and
enjoyable environments for children, and have a key role to play
in furthering their learning and development.
“However, parents and carers sending their children to an OOSS
will rightly expect that they are subject to the appropriate
regulation, as seen in schools or childcare providers.
“Current laws make it difficult for councils to act and at
present OOSS are flying under the radar without being required to
comply with any safeguarding checks.
“The fact an independent report commissioned by the Government
has presented these findings is yet further evidence of why it is
essential that councils are given oversight of such settings,
requiring them to register and work with the local authority,
while also ensuring the Department for Education gives councils
the powers and resources they need to intervene where necessary.”
Notes to editors
Oversight of
Out-Of-School-Settings (OOSS) – Lessons learning from the DfE
funded pilot
