
Under the Childrenâs Wellbeing and Schools Bill, the government is planning to expand state regulations around home education, including making parents officially register children not in school.
While the aim is to reduce the number of children missing education, for Rabbi Asher Gratt, president of the British Rabbinical Union, the bill threatens to create an âintrusive systemâ.
His fears are echoed by thousands in the Charedi community who have signed a petition opposing the legislation.
âIt could force communities to compromise their deeply held beliefs or face legal consequences,â he told the Local Democracy Reporting Service (LDRS).
âRather than protecting children, this bill is discriminating against state communities under the pretext of regulation.â
From the age of 12, Charedi boys are sent to independent yeshivas where they receive religious instruction, as opposed to a statutory curriculum.
As a result, yeshivas do not meet the state definition of a school.
The Bill seeks to expand the definition of independent education institutions to include yeshivas, deeming them places where children receive full-time schooling, regardless of what is taught.
Under the new law, these will have to be registered with the Secretary of State and subject to regular inspections.
In January, Hackney Council wrote to Education Secretary, Bridget Phillipson, calling for the new Bill to provide it with more power and oversight over the boroughâs unregistered educational settings (UES) â the majority of which are yeshivas.
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The Town Hallâs view is that, even under the new Bill, pupils in these settings could be left âoutside the line of sight of safeguarding professionalsâ.
But Charedi figures fear the impact of more regulation, especially if it means yeshivas have to prove to the local authority that pupils are receiving a âsuitable educationâ.
Rabbi Gratt told the LDRS that deep concerns pivot around the definition of âsuitableâ.
âItâs an undefined term, open to interpretation by local authorities, who may impose a secular ideology-driven standard on religious schools.
âItâs like a dictatorial regime â saying you can have free speech, providing it is in line with the ideological views of that regime.
âThere are many provisions in the [national] curriculum that are against the Bible, and we would be forced to provide education that is against our belief.â
This includes sex education and teaching students about other religions, which âcontravenes the Bibleâ.
He added that âthe government has provided no evidence that Charedi or other religious education fails childrenâ.
Rabbi Grattâs comments are echoed by Levi Schapiro of the Hackney-based Jewish Community Council (JCC).
âI think itâs the first time that weâve seen the government trying to overhaul the freedom of religion from a specific minority community,â he told the LDRS.
Hackney has faced longstanding challenges in keeping track of children it thinks could be deemed âmissing from educationâ because they are attending these religious seminaries.
In December, the boroughâs childrenâs safeguarding commissioner, Jim Gamble, warned that previous governments had ignored the issue for a decade and it was time for the new Labour administration to act.
âThere are a very large number of children believed to be in yeshivas â with no health and safety checks, no formal regulation, no inspection, no safer recruitment or proper safeguarding training,â he said.
âThat would be unacceptable anywhere else for anyone else.â
He added that the local authority had been forced to take a âwhack-a-moleâ approach, as upon their discovery, these illegal schools were simply being moved elsewhere.
Hackney councillors remain unconvinced that the Bill would be ârobustâ enough in helping them keep children âsafe and effectively safeguardedâ.
The children and young personâs scrutiny commissionâs letter to the DfE echoed Mr Gambleâs words, stressing that operators of unregistered schools like yeshivas âdeliberately try to evade detectionâ.
âUES are quickly moved to other locations as soon as they are identified by any of the regulatory partners.â
Minister Stephen Morgan replied to the commission last month, insisting the new law would give bodies like Ofsted more powers to inspect schools and investigate criminal offences.
But councillors have said this âdoesnât reallyâ give them the assurance they hoped for.
Director of childrenâs services, Jacqui Burke, appeared encouraged that the Bill would provide âsome strengthening of local authority powers in certain areasâ.
Nevertheless, she added that council officials were âslightly anxiousâ about the âunintended consequences of the delivery of some of the attention on children in the strictly Orthodox Jewish communityâ.