Education - Department for Education Prosecutions
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This prosecution guidance outlines the process and considerations for prosecuting offences related to unregistered independent schools in England, as governed by the Education and Skills Act 2008. It specifically addresses the offences of conducting an unregistered independent school and intentionally obstructing an inspection, detailing the responsibilities and procedures for the Crown Prosecution Service and other involved agencies. The guidance highlights public interest factors, charging decisions, and the necessary consents required before prosecution.
Key points
- Prosecutions require the consent of the Secretary of State for Education.
- Offences are summary only under the Education and Skills Act 2008.
- The maximum sentence for conducting an unregistered school is 6 months or a level 5 fine.
- Intentionally obstructing an inspection carries a maximum fine of level 4.
- Public interest factors must be assessed before prosecution decisions are made.
- Early engagement with Ofsted and DfE is crucial for timely prosecution.
- CPS has established roles and responsibilities in handling cases.
- Disclosure processes for sensitive material must be followed meticulously.
- Local authorities play a role in supervision and evidence gathering and must be consulted.
- Witness expenses related to the case will be covered by Ofsted/DFE.
Public-interest factors
- Risk to the welfare of children
- Exposure to extremist ideology
- Narrow curriculum suitability
- Compliance with Independent Schools Standards
- History of non-compliance with registration requirements
- Proprietor suitability and conduct
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.