Hackney Council has been criticised by the charity Humanists UK over “deeply troubling” plans to help independent Charedi Jewish schools move into the state education sector as voluntary aided (VA) faith schools.
The draft Hackney local SEND reform plan, which was submitted to the Department for Education in June, states that the council is collaborating with the Charedi Jewish community to investigate new provision models, including a transition pathway to VA status.
VA schools are state-funded schools that are owned and controlled by a founding (in this instance religious) body.
The plan shows that several Charedi independent schools have launched legal challenges against the council over funding for pupils with special educational needs (SEN) but without Education, Health and Care Plans (EHCPs).
An EHCP is a legally binding document under the Children and Families Act 2014, so when it names an independent school as the placement a child needs, the council that issued it is under a statutory duty to secure that place, which in practice means paying the fees.
The proposal to convert to VA status can be made under new provisions in the Children’s Wellbeing and Schools Act, which removed the presumption that any new school would be a free school or academy, allowing the council and others to bid to open other types of schools, including VA schools.
New faith academies have been subject to a 50 per cent cap on faith-based admissions when oversubscribed since 2007, and free schools since 2011. VA schools however are not subject to such a cap, meaning that the proposals may allow for VA faith schools to select 100 per cent of pupils on the basis of faith when oversubscribed, whilst also receiving public funding.
According to the council, several Charedi independent schools have already expressed interest in the pathway, with two anticipated to transition to VA status within the next three years. The council has stated, however, that they are awaiting feedback from the DfE, which may lead to amendments to the plan.
Humanists UK, a national charity working on behalf of non-religious people, has long warned that the new provisions in the Children’s Wellbeing and Schools Act allow for independent schools to move into the state sector while retaining restrictive admissions criteria.
Lewis Young, Humanists UK’s policy and campaigns manager, said that Hackney Council’s plans “show why those warnings mattered.”
“These schools can select up to 100 per cent of pupils by faith when oversubscribed, despite being overwhelmingly publicly funded, and can retain significant religious control over areas such as RE and RSE.
“No child should be locked out of a publicly funded school because they are of the ‘wrong’ or no religion.”
In February 2025, Humanists UK backed an amendment to the Children’s Wellbeing and Schools Act that would have capped faith-based admissions at 50 per cent — the same limit that applies to faith academies with more applicants than places. However, the amendment was voted down at the committee stage.
“Every child deserves a broad, balanced, and high-quality education,” said Young. “It would be deeply troubling if voluntary aided status allowed restrictive or inadequate provision simply to enter the state sector without fundamental reform.”
In a statement to the Citizen, a spokesperson for Partnerships for Jewish Schools (PaJeS), responded to comments made by Humanists UK, noting that any school that joins the state sector must meet the same statutory standards, inspection requirements and admissions law as any other state school.
“Faith schools, including Jewish, Catholic and Church of England schools, make up around a third of the state sector and have long operated successfully within that framework. Faith-based oversubscription criteria are lawful and long established and are used by hundreds of state schools across the country.
“When the government introduced VAT on independent school fees, it recognised that some schools would want to explore joining the state sector.”
The VAT on independent school fees was introduced by the government from January 2025, and was a policy PaJeS had warned could force Charedi schools to close.
In addition to concerns surrounding inequity, Schools Week has reported that Hackney Council predicts its £19 million SEND deficit could double if it were required to fund SEN support in independent schools. Although the proposal to transition Charedi schools to VA status would not impose such an extreme burden, questions surrounding financial viability do still arise.
In a statement to the Citizen, Cllr Soraya Adejare, Cabinet Member for Children, Young People and Early Intervention, maintained however that the council has a “statutory duty to ensure that all children in the area have access to suitable education.
“Our education strategic plan highlights our ambition to work with all local schools and settings to provide the best possible education and support for children, with appropriate supports and accountabilities in place.”
Cllr Adejare also noted that Hackney’s demographics have experienced significant changes in recent years. The borough is home to one of the largest Charedi Jewish communities outside New York and Israel, and its population in the north of Hackney is rising. This contrasts with the general trend of declining school rolls.
“We are engaging with all our local communities and education partners to find the best ways to respond to diverse local needs, which includes exploring new provision models, such as a potential transition pathway to Voluntary Aided status where appropriate.”
Prior to the controversy surrounding Hackney’s Local SEND Reform Plan, the council had already granted a temporary site to house an independent Charedi primary school in August — a move praised by Charedi community leaders, yet criticised by secular groups.
Beis Yaakov Girls School, which teaches more than 100 girls exclusively from Charedi Jewish families, had been evicted from its previous premises in July. Following talks with Charedi leaders, the council agreed to grant a short-term licence for the school to occupy part of the former Oldhill Community School building.
In a Jewish News article concerning the grant, the council was reported as saying that its criteria when considering the use of vacant school sites by independent schools include a ‘Good’ Ofsted judgement and a willingness to explore joining the state sector.
This prospect of Beis Yaakov joining the state sector prompted backlash from the National Secular Society (NSS). In a letter to Hackney Council, the NSS voiced their concern over the possibility of Beis Yaakov and other independent faith schools joining the state sector. It also called upon the council to clarify their exact position on the matter.
In a statement to the Citizen, NSS spokesperson Jack Rivington expanded on the society’s objections and demands: “It is essential that Hackney Council now clarify what discussions it has had with Beis Yaakov school about joining the state sector, and its policy towards independent faith schools which seek public funding.
“State-funded schools should bring children together, not divide them by faith and, by extension, ethnicity. Equally, decisions about public services must be reached transparently and with accountability.”
Rivington added that the NSS is yet to receive a response to their letter. The council’s press statement on the matter does explain, however, that the licence granted to Beis Yaakov is temporary and will not affect long-term plans for the building. In a statement made as a part of the press release, Hackney’s mayor Zoë Garbett assured that the council will “continue to work with residents and local organisations to decide on [the building’s] long term use.”
The council says the temporary licence granted to Beis Yaakov is unrelated to its wider education strategy work, although the council adds that it may wish to prioritise schools for longer term tenancy if they show an interest in seeking voluntary aided status.
The draft Hackney local SEND reform plan remains with the Department for Education, and the council says it is awaiting feedback, which may lead to amendments before any transition pathway to VA status is finalised.
The representative body for Charedi schools, Chinuch UK; umbrella charity for Orthodox Jewish organisations, Interlink Foundation; and Beis Yaakov Girls School were approached several times for comment.
