Early childhood education and care 

Private, voluntary and independent sector (PVI) providers, including day nurseries, playgroups and childminders, operate in the early childhood education and care sector and are financed by fees. They must be registered and inspected by the Office for Standards in Education, Children’s Services and Skills (Ofsted).

The same providers may also receive some government funding as part of the provision made for 3- and 4-year-olds and disadvantaged 2-year-olds, who are entitled to a minimum of 15 hours of free pre-school education for 38 weeks of the year. This entitlement rises to 30 hours per week for 3- and 4-year-olds whose parents are in employment. See the ‘Early Childhood Education and Care’ chapter for more information.

Schools 

The private schools described below charge fees and receive no direct support from public funds, although they may benefit from tax concessions.

This article does not cover academies, voluntary aided or voluntary controlled schools, which, although privately managed, are grant-aided and part of the landscape of public provision. See the article on ‘Administration and Governance at Local and/or Institutional Level’ for further information.

Although the term ‘private school’ is in common use, the legal framework refers to 'independent school'. The Education Act 1996 (Part VII, Section 463) defines an independent school as any school at which full-time education is provided for five or more pupils of compulsory school age and which is not a school maintained by a local authority or a non-maintained special school (which is independent of local authority control and which operates on a not-for-profit basis).

There are 2331 independent schools in England, which is roughly a tenth of all schools (Schools, Pupils and Their Characteristics, January 2020).

Private education in England has a long tradition. Private schools which pre-date publicly funded provision are sometimes referred to as ‘public schools’. The modern independent schools sector comprises different types of school: as well as traditional ‘public schools’, and newer independent day and boarding schools, there are schools which reflect particular educational philosophies, such as Steiner Waldorf schools, or religious affiliations.

The Independent Schools Council (ISC) is an umbrella organisation representing schools in the UK independent sector. The 2020 ISC annual census provides an overview of the characteristics of the schools that the ISC represents.

Funding 

Independent schools do not receive any direct public funding. They are funded through tuition fees paid by parents, gifts, and, in some cases, the investment yield of endowments. Three quarters of the Independent Schools Council’s member schools have charitable status, which enables them to take advantage of tax concessions. To be eligible for charitable status, independent schools must by law demonstrate that they provide public benefit. Independent schools’ charitable activities can include fee assistance schemes, partnerships with state schools and giving access to state school pupils to attend certain lessons or events. Some independent schools are involved in sponsoring academies as part of their charitable purpose. Further information about independent schools and their charitable status is available from this 2019 House of Commons Library report.

Regulation and quality assurance 

Independent schools are subject to government regulation as set out in the statutory framework for independent schools. This is laid down in Part 4 of the Education and Skills Act 2008. Independent schools must be registered with the Department for Education (DfE) and can be closed down by removal from the register if they are found not to be providing satisfactory education. As the registration authority, the DfE also has the power to require a registered independent school to be inspected. Independent schools are not required to have a governing body, although most do.

All independent schools must meet standards covering the quality of education; spiritual, moral, social and cultural development of pupils; welfare, health and safety of pupils; suitability of the people running the school; standards of premises; provision of information; handling of complaints; and the quality of leadership and management. This is set out in The Education (Independent School Standards) Regulations 2014.

These standards are examined by Ofsted before an application for registration is approved and again within the first year of the school’s operation. Thereafter, independent schools are regularly inspected in one of two ways, as outlined below.

1. Schools belonging to the largest umbrella association - the Independent Schools Council (ISC) - are inspected by the Independent Schools Inspectorate (ISI). The ISI Inspection Framework is available on their website. A memorandum of understanding between Ofsted and the ISC sets out how its work is monitored and reported to the Secretary of State.

1. Inspection by Ofsted, in the case of independent schools which do not belong to independent school associations (just under half of independent schools). Ofsted's Education Inspection Framework (EIF) and associated guidance for non-association independent schools sets out how these schools are to be inspected.

Previously, a small number of school groups, including Steiner schools were inspected by the School Inspection Service (SIS). However, the SIS took the decision to cease operating from 1 January 2019. Ofsted has now taken over responsibility for inspecting the Steiner schools which the SIS used to inspect.

All schools belonging to the ISC had an inspection in the three year period from April 2016 to April 2019. Government guidance states that all non-association independent schools will have a standard inspection within three years from September 2018.

Following a consultation, the Government published its Integrated Communities Action Plan in February 2019, setting out a range of proposals intended to build strong, integrated communities. The proposals included plans for legislation intended to:

• strengthen the enforcement regime for independent schools that fail to meet the required standards
• require all independent education settings where children attend full-time during the school day to register
• strengthen Ofsted’s powers in relation to unregistered schools.

It is intended that the legislation will be introduced when a suitable opportunity arises; no specific date is given.

The regulation of independent providers ensuring alternative provision formed part of the subject of a House of Commons Education Committee inquiry, which reported in July 2018. The Committee found that 72% of settings providing independent alternative provision had a good or better inspection rating. The Government published its response to the inquiry in October 2018.

The Secretary of State may also prohibit a person from taking part in the management of an independent school under the terms of The Independent Educational Provision in England (Prohibition of Participation in Management) Regulations 2014.

Curriculum 

Independent schools do not have to follow the national curriculum nor undertake any statutory assessment of students. The curriculum is the responsibility of the proprietor of the school. However, the curriculum is one of the major aspects considered in a school inspection (see above), and both the range and the depth of the curriculum offered must be appropriate for the age, aptitude and ability and any special educational needs (SEN) of the pupils in the school.

Teachers

Conditions of employment for teachers in the independent sector are drawn up by the proprietor of the school in accordance with employment and equality law. They may make reference to, or be independent of, the conditions applicable to teachers in the publicly funded sector.

Independent schools are not required to follow the national pay scales and working time limits specified in the School Teachers' Pay and Conditions Document (STPCD), although salary scales are usually similar to those of teachers in the publicly funded sector.

It is normally assumed that teachers in independent schools will take an active part in the extra-curricular life of the school and this may be stated explicitly in their terms of contract, particularly in the case of boarding schools.

Independent schools are not bound by the 2011 Teachers’ Standards, nor by the regulations on performance management.

Teachers in independent schools are not legally required to have Qualified Teacher Status (QTS), nor are independent schools legally obliged to offer the induction year, which is statutory for newly qualified teachers in maintained schools. However, it is possible to undertake the induction year in independent schools. For further information, see the Independent Schools Teacher Induction Panel (IStip).

Higher education 

The great majority of higher education institutions (HEIs) are classified as government-dependent private institutions. They are autonomous, independent organisations, with their own legal identities and powers, both academic and managerial. They are not owned by the state, although they are dependent to a greater or lesser degree on state funding.

There are also a number of independent private institutions, also termed ‘alternative providers’, defined as any provider of higher education courses which:

• is not in direct receipt of recurrent funding from the Office for Students (OfS);
• does not receive direct recurrent public funding (for example, from a local authority or from the Secretary of State);
• is not a further education college.

These providers can be for-profit or not-for-profit organisations and may fall under one or more of the following categories: ‘catch up’ providers; sub-degree colleges; generalist colleges, serving undergraduates and postgraduates; small specialist colleges; exclusively postgraduate specialists; providers focusing on international students; distance learning providers; and overseas campuses.

Most alternative providers are linked in one way or another to universities through, for example, franchise or validation arrangements. Some private providers have their own degree awarding powers (DAP). The procedure for gaining DAPs changed in April 2018 as a consequence of the Higher Education and Research Act 2017. Since then, institutions wishing to obtain DAPs have had to be registered with the Office for Students (OfS), satisfy all of its ongoing conditions of registration, and apply to it for authorisation. Once the OfS is satisfied that eligibility criteria are met, it seeks advice from the Quality Assurance Agency for Higher Education (QAA). The QAA acts in the role of designated quality body, before deciding whether to authorise the award of DAPs. See the article on ‘Types of Higher Education Institutions’ for further information.

Of the private providers with degree awarding powers, a small number, including the University of Buckingham, the University of Law (formerly the College of Law) and Regent’s University London, have the right to use the title ‘university’.

Following the passing of the Higher Education and Research Act 2017, the Government has made the process for obtaining university status and degree awarding powers easier for new high quality alternative providers.

Although private providers receive no direct government funding, English domiciled students on 'designated' courses may be eligible to access loans for fees. See the subheading ‘Private education’ in the article on ‘Higher Education Funding’ for further information.

Adult education and training 

Providers of private further education include:

• colleges preparing students for university entry
• training providers offering short courses of vocational and professional education.

Such institutions are entirely autonomous, although they will generally offer a range of nationally recognised qualifications.

Private further education institutions who are Tier 4 visa sponsors for (non-EEA / Swiss national) overseas students must receive a satisfactory review or inspection by the Independent Schools Inspectorate (ISI). This is a publicly recognised inspection body approved for Tier 4 general student visa purposes. Further information is available via the ISI Private Further Education website.

Article last reviewed December 2020.