Independent school registration in Scotland and Wales: who registers you

You cannot open an independent school in Scotland or Wales and then regularise it later. Each nation has its own register, its own registration authority and its own law, and running an unregistered school is a criminal offence in both. This guide covers Scotland and Wales. Independent schools in England are registered under a separate regime, the Education and Skills Act 2008, which this guide does not cover.

Which regime applies to you

• Your school is in Scotland: apply to the Scottish Ministers under Part 5 of the Education (Scotland) Act 1980, through the Registrar of Independent Schools. HM Inspectors of Education (Education Scotland) inspect. There is no minimum number of pupils in the definition.
• Your school is in Wales: apply to the Welsh Ministers under Part 10 of the Education Act 2002, through the Welsh Government. Estyn inspects. You need five or more full-time pupils of compulsory school age, or one or more with a statement, an individual development plan, an education, health and care plan or looked-after status.
• You run schools in both nations: register each school separately. A registration in one nation gives you no standing in the other.
• The school has boarders: the boarding provision is also registered with the Care Inspectorate in Scotland, and inspected by Care Inspectorate Wales in Wales.

Scotland

Wales

The two regimes side by side

Steps to get registered

1. Confirm the school is an independent school. Check the definition for your nation. In Scotland it is full-time education for pupils of school age with no minimum roll. In Wales count your full-time compulsory-age pupils and check for any with an individual development plan, an education, health and care plan, a statement or looked-after status.
2. Identify the proprietor. The proprietor is the person or body responsible for managing the school. The proprietor signs the application, carries the legal duties and is the person the Ministers deal with.
3. Gather the documents before you apply. Premises plans showing the dimensions of each room and sanitary facilities (Scotland) or at a scale of at least 1:100 (Wales); your curriculum; and written policies on safeguarding and child protection, health and safety, fire risk and, in Wales, behaviour, anti-bullying, first aid, complaints and boarding.
4. Sort out staff checks. In Scotland, every teacher must be registered with the GTCS and everyone in a child care position needs appropriate PVG membership. In Wales, the proprietor needs an enhanced DBS certificate issued within 3 years and the suitability standard applies to all staff and supply staff.
5. Apply and plan for inspection. In Wales allow at least 4 months; do not admit pupils until you are registered. In Scotland you may not carry on the school until it is registered.
6. Diary the returns. In Scotland, the annual return goes in every September. In Wales, send the initial return within 90 days of admitting pupils and complete the annual census, usually issued in January.
7. Get consent or notify before you change anything. In Wales, ask first. In Scotland, tell the Registrar within one month and speak to the Registrar early about bigger changes, such as adding secondary provision.