1. Clause 30 would extend an existing rigid framework to a range of faith-based institutions that until now have been allowed to operate without undue state interference. This clause would amend and expand the definition of ‘Independent educational institution’ in s92 of under the Education and Skills Act 2008. That Act subjects independent educational institutions to a system of mandatory registration and prescribed school standards, backed ultimately by criminal offences that can be punished through imprisonment.
Effects
2. The school standards within the Education (Independent School Standards) Regulations 2014, while unobjectionable in many respects, such as those related to fire safety, sanitary matters, and health and safety, prescribe educational standards that are fundamentally incompatible with faith-based education. Haredi institutions in Britain employ teaching methods that have consistently demonstrated successful outcomes in the UK over the past century. However, they cannot comply with the curriculum prescribed in parts 1-2 of these regulations without undermining the fundamental principles of their faith and beliefs - principles integral to their community’s identity and educational philosophy - or losing significant teaching hours, which would jeopardise the roles of Haredi teachers who currently provide education to an excellent standard.
3. Since these standards are essential for registration under s99(4) of the 2008 Act, such institutions cannot reasonably be expected to meet the conditions required to qualify for registration.
4. No amendments are proposed in the Bill to the independent school standards, and no provision is made for those standards to apply flexibly within faith-based institutions to allow continued focus on faith-based teaching. The aim of the Bill is, on the one hand, to require faith-based institutions to become registered, under the premise of providing regulation to children from religious families, including transparency and safeguarding, and on the other hand, to subject these institutions to conditions that are currently impossible for them to comply with, effectively forcing them to change substantially or face criminal prosecution.
5. If faith-based institutions cannot comply with these conditions, they may face closure, leaving Orthodox Jewish parents and children with no realistic educational options. This could result in some parents sending their children abroad to seek more tolerant educational systems that align with their religious values. Our religion mandates that we prioritise and dedicate everything to providing our children with a proper, sanctioned education. This concern was highlighted in the Schools Bill’s Equalities Impact Assessment (May 2022), which acknowledged that these measures would significantly impact institutions offering predominantly religious education, particularly within some Haredi Jewish communities, and even noted the potential for outcomes such as “…sending children abroad.”
6. We believe that in either case the Bill will have failed in its purpose of protecting the welfare of children.
7. The independent standards were developed in 2014 in the wake of a detailed two stage public consultation. By contrast, no consultation has taken place on the potential need for changes to the independent standards to accommodate the extension of regulation to faith-based institutions. Nor was any consultation undertaken with the strictly Orthodox Jewish community, or any other faith-based community so far as we can discern, on the compatibility of their institutions with the independent school standards, or the potential for changes to be needed to those standards to enable faith education to continue in the UK.
8. Instead of addressing this policy matter in a way that is sensitive to the needs and values of the affected communities, sweeping proposals are being rushed through Parliament without sufficient consideration or consultation with those most affected. It is also important to recognise that the independent standards were developed during a time when Independent Inspectorates operated with the trust and cooperation of the independent school sector for many years.
9. While such Inspectorates may claim expertise in religious education, it is rare for anyone outside the Haredi community to fully grasp and understand the depth, essence, and unique nature of its religious education, which is deeply interwoven with its way of life, permeating every aspect of daily living 24/7. The success of Haredi education is measured not merely by academic standards but by the cultivation of moral integrity, a strong sense of community responsibility, and adherence to Torah principles - outcomes that cannot be accurately captured using conventional metrics.
10. Any proposal for faith-based institutions to become subject to a new system of inspection and regulation must, to be proportionate, include the establishment of an inspectorate that has the trust of faith communities and is sensitive to the unique characteristics of Haredi faith-based education.
