How to Set Up an Independent School in the UK: Registration

2026年10月24日

For education founders · United Kingdom

In England, you set up an independent school by registering it with the Department for Education (DfE) before a single pupil arrives: registration is compulsory once you provide full-time education for five or more children of compulsory school age, or for even one child who has an EHC plan or is looked after by the council. You apply online, the DfE checks the proprietors, Ofsted inspects the proposed school against the eight parts of the Independent School Standards, and the DfE says to allow at least six months from a complete application. Scotland, Wales and Northern Ireland each run their own registration system.

This guide explains how to set up an independent school in the UK as the official pages describe it, in the order a founder meets it. It is not legal or tax advice; where the rules depend on your plans, it points you to the official window to ask. If you mean a smaller, often part-time setting commissioned by schools or councils, read how to set up alternative provision instead.

In this article

When you must register an independent school
Who regulates independent schools in the four nations
The Independent School Standards: eight parts
How to register an independent school in England, step by step
The documents the DfE will ask for
Safeguarding: KCSIE and DBS checks
Premises and the pre-registration inspection
Legal form: charity or company
How long it takes and what it costs
Independent school or alternative provision?
Three ways to found a school
Questions and answers

When you must register an independent school

A British woman in her forties plans a new independent school at a desk by a sash window in a quiet, bare room in England (illustrative image) — Registration comes first. In England a school must be on the DfE register before it provides full-time education to pupils of compulsory school age. (Illustrative image)

“Independent school” has a legal meaning in England. The DfE’s registration guidance, drawing on the Education Act 1996, defines it as a school that is not maintained by a local authority and not a non-maintained special school, and that provides full-time education for either:

five or more pupils of compulsory school age; or
one or more pupils of compulsory school age who have an education, health and care (EHC) plan, or who are looked after by a local authority.

Any setting that meets this definition must be registered with the Secretary of State for Education before it begins to operate. Under section 96 of the Education and Skills Act 2008 it is a criminal offence to conduct an unregistered independent educational institution; the DfE’s guidance says a person convicted faces a fine and/or up to six months’ imprisonment. On gov.uk, “independent school” and “private school” mean the same thing: a fee-charging school that is not government-funded and is not an academy or free school.

What “full-time” means. There is no statutory definition. The DfE says it will usually treat a setting that operates during the day for 18 hours or more a week as full-time, but fewer than 18 hours does not automatically make it part-time: inspectors look at whether the provision in practice leaves room for full-time education elsewhere, and at the hours and weeks taught. If you are unsure, the DfE tells you to take independent legal advice rather than assume.

Compulsory school age in England, as the DfE guidance explains it, begins on 31 December, 31 March or 31 August following a child’s fifth birthday, whichever comes first, and ends on the school leaving date (currently the last Friday in June) in the year the child turns 16. A setting only for under-fives or only for older students is not an independent school, though it may need a different registration.

Who regulates independent schools in the four nations

Education is devolved. Most searches for “how to set up an independent school UK” land on English guidance, and this article follows England. If you plan to open elsewhere in the UK, start from the body in the table; thresholds, standards and inspectorates differ.

Nation	Who registers the school	Standards and inspection	Where to start
England	Secretary of State for Education (DfE), via an online application	The Education (Independent School Standards) Regulations 2014; pre-registration inspection by Ofsted; later routine inspections by Ofsted or, for association schools, the Independent Schools Inspectorate (ISI)	gov.uk: “Independent school registration”
Scotland	Scottish Ministers, through the Registrar of Independent Schools, before the school opens	Education (Scotland) Act 1980 definition; the Scottish Government says the process can take 6 to 9 months	gov.scot: “Registration of independent schools”
Wales	Welsh Ministers; apply before the school admits pupils	The Independent School Standards (Wales) Regulations 2024; pre-registration inspection by Estyn or Care Inspectorate Wales	gov.wales: “Independent schools registration and operational guidance”
Northern Ireland	Department of Education (Northern Ireland)	Separate framework; the Department publishes the list of registered independent schools	education-ni.gov.uk: “Independent schools”

This table names the responsible bodies only; check the current guidance for your nation before committing to premises or staff.

The Independent School Standards: eight parts

Registration in England turns on one question: are the Independent School Standards likely to be met once the school opens? Section 94 of the Education and Skills Act 2008 lists the eight matters they cover, and the Schedule to The Education (Independent School Standards) Regulations 2014 sets them out in eight parts. The DfE’s “Independent school standards guidance” (updated April 2026) explains how it reads them.

Part	Standard	What it means for a founder
1	Quality of education provided	Curriculum policy, schemes of work for every year group, teaching that lets pupils make progress, and a framework for assessing performance
2	Spiritual, moral, social and cultural development	Actively promoting fundamental British values, respect for others and pupils’ confidence and responsibility
3	Welfare, health and safety of pupils	Safeguarding that has regard to Keeping Children Safe in Education; behaviour and anti-bullying policies; health and safety, fire, first aid and supervision; admission and attendance registers; a written risk assessment policy
4	Suitability of staff, supply staff and proprietors	Enhanced DBS and other pre-appointment checks on everyone, including the proprietor and, for a body, its chair and members
5	Premises and accommodation	Toilets and washing facilities, medical accommodation, lighting, heating, drinking water, acoustics, outdoor space and maintenance fit for the pupils
6	Provision of information	What must be given to parents, published or supplied to the DfE and inspectors
7	Handling of complaints	A written procedure with informal and formal stages and a panel hearing including one person independent of the school
8	Quality of leadership and management	Leaders with the skills and knowledge to meet every other standard consistently and promote pupils’ well-being

The third column is a plain-language summary; the legal text is in the Schedule to the 2014 Regulations, linked in the sources.

How to register an independent school in England, step by step

The DfE’s own checklist has five stages: read the standards, complete the form, supply the documents, wait for processing and inspection, then open. On a founder’s calendar it looks like this.

Decide what the school is before deciding where it is. Age range, maximum number of pupils, boys, girls or both, boarding or not, and whether it is specially organised for pupils with special educational needs. Section 98 of the 2008 Act requires these facts in every application.
Read the two DfE guides in full: the registration guidance for proprietors (updated September 2026) and the standards guidance.
Choose the proprietor and legal form. The proprietor is the person or body responsible for managing the school: a sole proprietor, a company’s directors or a charity’s trustees. Everyone named on the proprietor details form is checked.
Write the policies and curriculum documents. Each must show how a numbered paragraph of the standards will be met (checklist below).
Secure premises that can pass inspection. The DfE expects a proposed school to be ready, or nearly ready, for inspection when it applies.
Submit the online application form from gov.uk’s “Register an independent school: application form”. No fee is payable to the DfE. The DfE then requests the supporting documents; an application is “complete” only when all have arrived, and incomplete applications are not progressed.
Prepare for Ofsted’s pre-registration inspection. After its internal checks, the DfE notifies Ofsted, which contacts you to arrange the inspection and charges a fixed fee set in regulations. Ofsted reports to the DfE on how likely the standards are to be met; the proprietor (or chair) and the head are expected to be present.
Wait for the decision, then open. The Secretary of State decides on Ofsted’s report and any other evidence and writes with the outcome and your registration number. Only then may the school provide full-time education to pupils of compulsory school age. Ofsted’s first standard inspection follows in the first year.

Want to build a school for children school is not working for, with a model that already runs?

If the steps above describe what you want to do, there is another route than a blank page. NIJIN Academy is an alternative school in Japan, opened in September 2023 and run by NIJIN Inc. It is a hybrid: children join from home through a metaverse campus, choose from about 100 live online classes a month, and can also go to 52 physical classrooms across Japan. NIJIN is now looking for one Country Head to found and lead NIJIN Academy UK, as its business head and its principal. Teaching experience is not required; English alone is enough.

See the Country Head role in the UK

The documents the DfE will ask for

Two education professionals go through a plan together at a meeting table in a plain office in England (illustrative image) — Every policy in the application has to point to a numbered paragraph of the Independent School Standards. A second pair of eyes on each one can save a second inspection. (Illustrative image)

Gov.uk’s “Register an independent school: application guidance and checklist” lists what the DfE will request after you submit the form. The required information itself is prescribed in regulations made in 2018.

Premises plan showing the layout of the school and any accommodation
Curriculum policy, curriculum plans and schemes of work for every year group you will teach (early years to year 13, plus a 16-plus programme of activity for SEN where relevant)
Pupil assessment procedures
Safeguarding policy, having regard to Keeping Children Safe in Education
Behaviour policy, including sanctions, and anti-bullying policy
Health and safety policy
Complaints procedure
Covering letter stating that the proposed school will be an independent school
Proprietor details form (supplied by the DfE), covering the proprietor or, for a body, its chair and members

Two notes from the DfE: supply everything in English, and a name implying a Royal connection (“King’s”, “Queen’s”) needs prior approval from the Cabinet Office.

Safeguarding: KCSIE and DBS checks

Part 3 of the standards requires safeguarding arrangements that have regard to the Secretary of State’s guidance: Keeping Children Safe in Education (KCSIE), statutory guidance on safeguarding and safer recruitment. A new version comes into force each September; the September 2026 edition is in force now, and your safeguarding policy, designated lead, training and recruitment are all written against it.

Part 4 covers people. Staff need the pre-appointment checks set out in the standards, including an enhanced Disclosure and Barring Service (DBS) check with the children’s barred list and, for people who have lived outside the UK, such further checks as the proprietor considers appropriate. Gov.uk’s “Check someone’s criminal record” page explains the four levels of DBS check and notes that a certificate has no official expiry date. The proprietor is checked too: the DfE runs due diligence on everyone named on the proprietor details form, and the standards ask whether those with control are “fit and proper persons”.

Premises and the pre-registration inspection

Part 5 of the standards sets out what the building must provide: suitable toilets and washing facilities, accommodation for pupils who are ill, appropriate lighting, heating, ventilation and acoustics, drinking water, and suitable outdoor space for physical education and play. Part 3 adds fire safety and health and safety law.

Timing matters as much as specification. The DfE says an application that cannot demonstrate likely compliance at inspection “will in all likelihood be rejected”, and requests to defer are only likely to be granted in limited circumstances. If you withdraw after the pre-registration inspection, Ofsted’s fee is still payable and the report is still published. Apply when the building, the policies and the leadership team are in place, not to buy time while you look for a building.

Legal form: charity or company

The law does not prescribe a legal form for the proprietor; the guidance speaks of sole proprietors, companies and trusts. The choice is a governance decision worth paying for professional advice on. The table names official starting points only.

Form	Who is the proprietor	Where to start	Points to weigh
Charity (England and Wales)	The trustees, as a body	gov.uk “Set up a charity: step by step” (different processes in Scotland and Northern Ireland)	Trustees carry legal duties; purposes must be charitable; suits a school run for public benefit rather than profit
Limited company	The directors, as a body	gov.uk “Set up a limited company”	Quick to form; founders can hold shares; ordinary company law and tax apply
Local company founded with a partner	The new company’s directors, with the founder as a shareholder	The partner’s own documents, then Companies House	A tested daily model and people to ask; revenue and decisions are shared

Whichever form you choose, every person with control of the proprietor is named on the DfE’s form and checked. Changing the proprietor later is a “material change” that needs the DfE’s prior approval.

How long it takes and what it costs

Time. The DfE recommends allowing at least six months from receipt of a complete application, warns that some take longer, and says it cannot give an estimate. Add your own time for policies, the proprietor body, premises and recruiting leaders. Scotland quotes 6 to 9 months for its process.

Official fees. None to the DfE. Ofsted charges a fixed fee for the pre-registration inspection, set in The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019 and payable whether or not registration is granted.

Everything else. Premises, staff, insurance, advice and DBS checks are the real costs, and they depend on your town, size and model. We publish no estimates, because any figure would be a guess; build a budget from real quotes and test it at well below full enrolment.

Independent school or alternative provision?

Founders who want to help children who have stopped attending school often weigh two legal routes. Be clear which one you are building before you talk to the DfE.

	Independent school	Alternative provision (AP)
What it is	A child’s main, full-time school, chosen by the family or named in an EHC plan	Education arranged by a school or council for a pupil who cannot attend mainstream school, often part-time
Registration	Compulsory with the DfE before opening (five full-time pupils, or one with an EHC plan or looked after)	Depends on hours and numbers; a full-time setting meeting the same definition must register as an independent school
Who pays	Parents, or the local authority where a plan names the school	The commissioning school or local authority
Read more	This article	How to set up alternative provision

Three ways to found a school

A male mentor in his thirties works with two teenagers on laptops in a small, calm learning room in England, seen from behind (illustrative image) — A small setting with live online lessons and an adult who knows every pupil is one way to reach children who have stopped going to school. (Illustrative image)

Alone. Full control and full workload: curriculum, admissions, compliance, payroll, premises and teaching, with every policy written for the first time.

As a charitable trust. Trustees share the legal duties and often bring credibility with councils and donors; decisions are slower and the founder answers to the board.

With a partner who already runs a model. You found a local company with an organisation that has a tested daily programme, online classes that widen what a small site can offer, and people who have met the problems you will meet. You give up some freedom and share revenue. It is not a franchise; it is a company you found together.

The third route is the one NIJIN offers in the United Kingdom. NIJIN Academy in Japan was built for children for whom school, as offered, was not working, and many had stopped going altogether. The pattern is familiar in England: DfE figures show 126,000 children in elective home education on census day in autumn 2025, up from 111,700 a year earlier. The Country Head of NIJIN Academy UK would be both business head and principal of a new company, working with NIJIN in Japan while making the judgements about what suits children and families here.

1,000+children enrolled at NIJIN Academy since September 2023 (cumulative)

97%attendance recognition among families who applied for it

52physical classrooms across Japan

About 100live online classes a month

Figures are those published on NIJIN’s official websites. “Attendance recognition” means that a child’s registered school in Japan counts learning at NIJIN Academy as attendance; each school’s principal decides.

Compensation for the Country Head is one formula, stated as a guideline and not a fixed pay scale: 10% of revenue (excluding tax), up to a cap of JPY 50 million; JPY 100 million of revenue would give JPY 10 million, JPY 200 million would give JPY 20 million, and no revenue pays nothing. Investment is optional. You can found a local company together and hold shares (for example 20% for you and 80% for NIJIN; if you invest, the guide is JPY 1 to 2 million from you and JPY 4 to 8 million from NIJIN, decided together), or start on a service contract, even alongside your current work, and decide later. Amounts are in Japanese yen only. Every other term is discussed in the interview.

Questions and answers

What are the independent school registration requirements in England?

You must register with the DfE before providing full-time education to five or more pupils of compulsory school age, or to one or more such pupils with an EHC plan or who are looked after by a local authority. Registration is granted when the Secretary of State, taking account of Ofsted’s pre-registration inspection, decides the Independent School Standards are likely to be met. Operating unregistered is an offence under section 96 of the Education and Skills Act 2008.

How do I register an independent school?

Complete the online form linked from gov.uk’s “Register an independent school: application form”, supply the documents the DfE requests, and wait for the DfE’s checks, Ofsted’s inspection and the decision. Allow at least six months from a complete application.

Is “how to set up a private school” the same question?

In England, yes. Gov.uk uses “independent school” and “private school” for the same thing, and the registration route is identical.

How do I set up an independent SEN or special school?

The same registration applies, with two differences: one pupil with an EHC plan triggers compulsory registration, and your application must state whether the school is specially organised for special educational provision and for which types of need. Being named in EHC plans and local authority funding follow separate rules, so ask the DfE and your local authority early.

Do I need to be a qualified teacher to open an independent school?

The standards do not require the proprietor to hold Qualified Teacher Status; they require a fit and proper proprietor and leaders with the skills and knowledge to meet every standard. What your head and teachers need is a question for your staffing plan and for inspection of Parts 1 and 8. NIJIN’s Country Head role does not require teaching experience; what the school itself will need is worked through together.

Can I open an independent school with a partner rather than alone?

Yes. The proprietor can be a company whose directors include you and a partner organisation, as long as every person with control is named and checked. NIJIN offers this route in the UK: you found NIJIN Academy UK together, as a shareholder or on a service contract, and lead it as business head and principal. It is not a franchise. Details are discussed in the interview.

Lead NIJIN Academy in the United Kingdom

NIJIN is looking for one founder to start and lead NIJIN Academy UK, as both its business head and its principal. Teaching experience is not required, and English alone is enough. If you want to start a company in your own country and solve a problem in education, read the role.

See the Country Head role in the UK