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The Minister for School Standards (Mr Robin Walker)
It is a great pleasure to serve under your chairmanship, Mr Paisley, for what I believe is the first time. I thank my hon. Friend the Member for York Outer (Julian Sturdy) for opening the debate. I greatly value the opportunity to listen to his insights and the detailed research that he has done, supported by the Chamber Engagement Team, before holding the debate.
I extend that appreciation to other colleagues who have spoken today and brought up individual cases. It is always a great pleasure to hear from the hon. Member for Strangford (Jim Shannon); that is not unusual for Ministers responding to a Westminster Hall debate, but it is a particular pleasure for me. My hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) raised an important case in his constituency, as did my hon. Friend the Member for York Outer. I will try to address those cases towards the end of my remarks, so I fully understand if my hon. Friend the Member for Central Suffolk and North Ipswich has to leave the Chamber before then. It is rare to have an opportunity to speak at such length in the Chamber, but I remember PPS-ing one debate in Westminster Hall in which I was asked by officials to pass a note to the Minister saying, “You don’t actually have to use all the time, you know.” The Minister was not entirely pleased to receive that advice from his officials, who clearly felt he was being much too long-winded.
As the hon. Member for Portsmouth South (Stephen Morgan) has pointed out, the debate is timely, given that it comes in a symbolic year for Ofsted with its 30th anniversary. Such occasions rightly demand that we pause to reflect, and I am pleased that the debate has provided another opportunity to do so. I will try to set out some of the context and some of the broader points about accountability that my hon. Friend the Member for York Outer has asked me to address, and then come to the specific cases towards the end of my remarks.
This period in Ofsted’s history has added significance, with the resumption of routine graded inspection programmes taking place at the start of this academic year—an important milestone that comes after a period of enormous disruption to our society caused by the pandemic, which has required significant adaptation in the education and children’s services sector and in Ofsted as an inspectorate. I join my hon. Friend in thanking teachers and heads for all they have done through that period. It is right to acknowledge the enormous pressures they have been under and the additional work that heads in every school, no matter its rating or relationship with Ofsted, and their teachers and all school staff have been facing.
The fact that schools and other providers face challenges and disruption in their work only reinforces the importance of parents, the Government and Parliament having independent assurance through Ofsted that children are receiving the best possible education and are safe at this critical time. It is encouraging that when inspections have taken place this academic year, the outcomes have often been very positive and in many ways similar to, or an improvement on, what was there before the pandemic. For example, the large majority of good schools continue to be good, or have improved to outstanding, and a large majority—a higher percentage than before the pandemic—of schools that were previously less than good are now being graded as good or better. It is the case that a significant proportion—around half—of formerly exempt outstanding schools, which are often receiving their first Ofsted visit in a decade or more, have not maintained their former grade. However, even the change from outstanding has more often than not been a change to good.
As we turn to recovery, it is clear to me that every part of the education system, including Ofsted, has its role to play. Before moving on to the specific matter of Ofsted’s accountability, it is worth reflecting for a moment on the significance of Ofsted within our system.
Ofsted, or the Office for Standards in Education, was established in 1992, introducing for the first time universal, regular and independent inspection of all schools, with inspectors working to a national, published inspection framework. Much has changed over the years and I do not want to go into a detailed blow-by-blow account of all that, but it is worth noting that Ofsted’s remit has grown over the years to encompass early years, children’s services and skills. It was reconstituted, as the Office for Standards in Education, Children’s Services and Skills, by the Labour Government in 2006. The legislation establishing Ofsted in its current form—the Education and Inspections Act 2006—also stipulated a set of responsibilities for Her Majesty’s chief inspector and, separately, Ofsted’s statutory board, comprising a chair, members and Her Majesty’s chief inspector.
The fact that Ofsted was established by a Conservative Government and expanded under a Labour Government signifies the broad cross-party consensus for its independent inspection role that has existed for most of the last 30 years, and I was pleased to hear from the shadow Minister’s comments that he is restoring at least a degree of that consensus in his approach.
Despite the various changes and developments over the years, Ofsted’s central role in our systems has remained a constant. Inspection provides key and trusted information for parents. When it comes to choosing a school, school proximity is usually the decisive factor in making the final choice, followed by the ethos of the school and then Ofsted’s judgment. That shows how important the judgment is, and 70% of parents feel that Ofsted reports are a reliable source of information on their child’s school. Beyond that, though, Ofsted’s inspection gives recognition and validation to effective practice where it is seen and prompts self-improvement. It provides assurance not only for parents but for the wider community and it triggers intervention where necessary. It also provides evidence both to Governments and to Parliament.
In that context, it is entirely legitimate to reflect on and examine the inspectorate’s accountability. It is of great significance that Ofsted was established as, and remains to this day, a non-ministerial Government Department and an independent inspectorate, a duality that brings benefits as well as a degree of complexity and which has implications when it comes to considering accountability.
Starting with a rather obvious point that will not have escaped the attention of hon. Members, I am standing before Members in Westminster Hall today, not Her Majesty’s chief inspector. That reflects Ofsted’s non-ministerial status and means that the Government have a line of accountability to Parliament for Ofsted and its work. Sitting beneath that, however, are lines of accountability between Ofsted and the Secretary of State, between Ofsted and the Government more generally, and directly between Ofsted and Parliament. I will address those lines of accountability now.
Even a cursory look at the legislation underpinning Ofsted demonstrates a clear link between Ofsted and the Secretary of State. For example, the Education and Inspections Act 2006 provides that, in addition to specific inspection and regulatory responsibilities, Her Majesty’s chief inspector has a general responsibility to keep the Secretary of State informed about the quality and effectiveness of services within Ofsted’s remit. The chief inspector must provide information or advice to the Secretary of State when requested, and in carrying out her work must have regard to such aspects of Government policy as the Secretary of State may direct. Inspection legislation also places a duty on Ofsted to inspect schools when requested to do so by the Secretary of State. Furthermore, although the position of Her Majesty’s chief inspector is a Crown appointment, the chief inspector holds and vacates her office in accordance with the terms of her appointment, and those terms are determined by the Secretary of State.
It is clear that Ofsted’s relationship with the Secretary of State and Ministers provides one important dimension to its accountability, and means that Ofsted inspects within the context of the Government’s policies. I, the Secretary of State and my colleague in the Lords regularly meet Her Majesty’s chief inspector—the regularity varies from about once a month to every six weeks—to discuss a wide range of matters relating to Ofsted and its work. The debate has certainly given me some further issues that I will raise and discuss in such meetings.
As for examples of Ofsted’s broader accountability to Government, hon. Members will wish to be aware that Ofsted is expected to comply with various Government rules, for example those set by Her Majesty’s Treasury and the Cabinet Office that relate to Departments. For the purpose of illustration, these include requirements to publish equality objectives and to report on them annually, and requirements to publish information on pay, gender and so on.
I turn now to Ofsted’s accountability to Parliament, starting with a simple example. On a day-to-day level, Ofsted regularly responds directly to correspondence from hon. Members, and Her Majesty’s chief inspector also responds directly to written parliamentary questions relating to Ofsted’s work, with a record of her responses being placed in the Library. Her Majesty’s chief inspector can also be called to give evidence to Select Committees. In practice, that line of accountability usually operates through the Education Committee, which I understand holds regular sessions on Ofsted’s work, but it is also the case that Ofsted may appear before other Committees, such as the Public Accounts Committee. That scrutiny of course extends to the other place, where I know that Ofsted recently gave evidence alongside me on the issue of citizenship education.
Dr Poulter
Accountability implies a sense of responsibility. It is right that Ofsted should respond to Members of Parliament, but at the regular meetings that my hon. Friend, Secretary of State and the Minister in the Lords have with Ofsted, what ability do Ministers have to influence Ofsted?
Mr Walker
My hon. Friend asks an excellent question. The meetings often involve frank discussions in which we do not always necessarily agree. We are certainly not in a position to give Ofsted orders, but we have the opportunity to raise concerns that have been expressed by colleagues, and those meetings can be influential and important. I will give an example. During the course of the covid pandemic and in the immediate recovery, we had many discussions about the process of deferrals. Ofsted brought forward a generous deferral policy that allowed schools that felt that they were facing disruption to defer their inspections, and many schools took advantage of that and benefited from it. However, there has to be a degree of independence, and that is all part of the balance.
Beyond the accountability mechanisms in place that relate to the Government and Parliament, the Government’s arrangements for Ofsted also provide a separate line of accountability. As I mentioned earlier, the 2006 Act established a statutory board for Ofsted with a specified set of functions relating to setting its strategic priorities and objectives, monitoring targets, and ensuring the efficiency and effectiveness of Ofsted’s work. The board has an important challenge and support role in relation to the inspectorate’s work and performance, and it is notable that Her Majesty’s chief inspector is required to agree her performance objectives and targets with the chair. It will also be of interest to hon. Members that Ofsted’s board is currently carrying out a routine board effectiveness review, as confirmed by Dame Christine Ryan when she gave evidence to the Education Committee last September. I understand that Dame Christine will update the Education Committee on this work in due course.
So far I have provided an outline and we have discussed various elements of the accountability that applies to Ofsted, but I turn now to the other side of the coin, which is its independence. Independence is a necessary pre-requisite for the inspectorate, providing credibility and value to Ofsted’s work. Ofsted’s ability to inspect and report without fear or favour remains as relevant today as it always has been, and it has to be carefully guarded. Operating within the constraints of legislation and broad Government policy, Ofsted has appropriate freedom to develop and implement its own inspection frameworks through consultation, and to offer advice on matters relating to its remit.
Ofsted is also responsible for the conduct and reporting of its inspections, and it is perhaps here that Ofsted’s independence is most apparent. No Minister or Committee member in this House, however powerful, can amend Ofsted’s professional judgments, and I recognise that that is one of the concerns raised by my hon. Friend the Member for York Outer. Parliament has chosen—I believe rightly—to protect the inspectorate from interference in these matters. To put it simply, when it comes to inspection judgments, Ofsted has complete independence. The buck stops with Her Majesty’s chief inspector.
I absolutely recognise that independent inspection can sometimes mean that there are difficult messages for individual schools, colleges and other providers about the quality of their provision. I am conscious that Ofsted’s independent view can sometimes result in uncomfortable messages—even for Ministers—but as challenging as that can be at times, the benefits of independent inspection and reporting are undeniable and should be carefully protected in the interests of pupils and parents, as well as staff and leaders, across the country. There will always be debate when it comes to judgments on quality, and I accept that. After all, an inspection is not, and should not be, a tick-box exercise. It requires professional judgment to weigh up multiple factors that contribute to a school being assessed as good or, much less often, not good.
When it comes to assessing safeguarding of pupils, I hope hon. Members will agree that we need Ofsted’s assessments to be robust and absolutely clear where there are concerns. It is also important that Ofsted’s inspection approach is proportionate to risk, with more extensive and frequent arrangements for weaker schools. That is not over-surveillance but responsiveness to provide additional scrutiny and the assurance that parents, Governments and Parliament need.
With the power to provide a published judgment on the provider comes the clear responsibility to ensure that those judgments are evidence-based, fair and accurate. I know that Her Majesty’s chief inspector is absolutely committed to ensuring that inspections are of the highest quality. That requires, among other things, a careful selection of inspectors, effective training led by Her Majesty’s inspectors, and strong quality assurance arrangements, all of which are taken extremely seriously by Ofsted.
In that context, it is particularly encouraging that the evidence from Ofsted’s post-inspection surveys indicates that the vast majority of schools with experience of inspection are satisfied by that experience. The data shows specifically that almost nine in 10 responding schools were satisfied with the way in which inspections were carried out. A similar proportion felt that the inspection judgments were justified based on the evidence collected, and nine in 10 agreed that the inspection would help them to improve further. I think that is a strong sign that the inspection framework can and does support schools. I recognise, however, that my hon. Friend the Member for Central Suffolk and North Ipswich has his own survey data, and it is important that we look at that in detail and take it into account.
Jim Shannon
The hon. Member for York Outer (Julian Sturdy), the shadow Minister and I referred to the impact on teachers. I am not saying that the Minister’s figures are not right, but if we are all getting that sort of feedback about teachers, perhaps it is not as straightforward as nine out of 10 schools saying that inspections are okay.
As I said during my speech, I am conscious of those with special educational needs. We all know that it does not take a lot to throw those children out of kilter for a while, so sensitivity and caution around them are important. The Minister was perhaps going to respond to those questions anyway, and if so, fair enough, but I would like answers to them.
Mr Walker
The hon. Gentleman makes an absolutely fair point. He is right: I was coming on to the workload challenge. I think we have to be honest and accept that independent inspections leading to a published report will inevitably be a source of some pressure on schools. I recognise that he and my hon. Friend the Member for York Outer have raised concerns about the workload impact on teachers. I have discussed that many times with Her Majesty’s chief inspector, who is committed to ensuring that pressure is kept to a minimum and that inspectors take all reasonable steps to prevent undue anxiety and minimise stress.
As part of that, Ofsted has taken steps through its new framework—for example, including a section designed to dispel myths about inspections that can result in unnecessary anxiety and workload in schools, and ensuring that inspectors consider the extent to which leaders take into account the workload and wellbeing of their staff as part of an inspection. We at the Department take seriously our responsibilities when it comes to workload. That is why we have worked with the unions on a workload-reduction toolkit for the sector and on a well- being charter.
I recognise that there is a balance to be struck here. My hon. Friend the Member for York Outer raised the issue of the short period of inspections. Of course, under previous inspection regimes, there had been a longer period of inspections, or notice given for inspections, and that was criticised for increasing workload because it required people to spend more time collating and preparing data for Ofsted visits. That is a challenging balance to strike.
There will be some occasions when providers are unhappy with their inspection experience or outcome, and yes, there will be occasions when inspectors do not get everything right first time, despite the quality assurance processes that we all want, but it is important to see that in perspective. Ofsted’s annual report and accounts documents provide interesting data on complaints about inspections. They show that, across Ofsted’s remit in 2018-19, 1.8% of inspection activity led to a formal complaint being received. In 2019-20, that figure was 2.5%, and in 2020-21, which I appreciate was a different year in many respects, it was just 0.3%.
Julian Sturdy
I want to give a little context on that point. My local primary school in Naburn, which I mentioned, felt that there was no need and that it was irrelevant to complain because nothing in the process would change. The worrying aspect is the lack of accountability in individual cases. Some schools do not challenge inspections because they feel that there is no opportunity to do so. I would like the Minister to address those concerns.
Mr Walker
I recognise that point, and I recognise that my hon. Friend said that the school has not submitted a formal complaint. I will come to that school in a bit more detail in a moment.
Of the 320 complaints that were that were closed last year, 26% had an aspect upheld or partially upheld, which shows there is a degree of responsiveness in the complaints process. I encourage that school to submit a formal complaint so that its views can be taken into account. In most places where a complaint was upheld, that was because an aspect of the process could have been better or a small change was required to the report. In three cases, Ofsted decided to change the overall effectiveness judgment following complaint investigations, and five inspections were deemed to be incomplete, which in turn led to inspectors carrying out a further visit to gather additional evidence.
My hon. Friend and the hon. Member for Strangford raised questions about the complaints procedure. I am very interested to hear the detail of the survey that my hon. Friend the Member for York Outer conducted, and I will be happy to meet him to discuss it in more detail after this debate.
Ofsted gives careful consideration to its complaints procedures and introduced some improvements in September 2020 after consultation. As step 1 of the process, providers can now submit any comments on their draft reports—I believe my hon. Friend’s school will have engaged with that already. Inspectors consider them and write a response in a cover letter with the final report. Once the final report is issued to the provider, that opens the five-day complaints window, to which my hon. Friend referred.
A complaint received during that window triggers step 2 of the process. It means that the report publication is held until the complaint response is sent. Ofsted investigates the concerns and sends an outcome letter. Five days later, it publishes the inspection report with any changes identified in the outcome letter. If a complainant remains dissatisfied on receipt of the step 2 letter, they have 15 working days to request an internal review. That review will consider whether Ofsted’s policy or procedures on handling complaints were followed correctly at step 2, based on available information from a step 2 investigation.
At the end of a review, a panel will discuss how the complaint was handled and come to a final decision. Panels are never held in the region where a complaint is from to ensure added independence. Where available, the panel includes an external attendee, such as a head- teacher or a nursery manager.
If the provider remains dissatisfied, it can then complain to the independent adjudicator to Ofsted, appointed by the Secretary of State, and the adjudicator will consider Ofsted’s handling of the case and come to a view on it. Ultimately, as my hon. Friend said, schools and providers have the option to pursue a judicial review, although I absolutely accept that there is a high bar to that, and we hope that is not where most people need to go.
My hon. Friend asked whether I knew the number of cases that had gone to judicial review. I have to be honest: I do not, but I do have some figures, which are hopefully helpful to him, on the complaints reviewed by the independent adjudicator. The numbers are small. For example, there were 13 in 2019, 17 in 2020 and six in 2021. The adjudicator consistently reports that Ofsted takes very seriously any recommendations put forward. In 2021, none of the six cases were upheld, and there were no recommendations for the inspectorate to improve its complaints arrangement.
My hon. Friend, totally understandably and quite rightly, has spoken up for and championed a small rural school in his constituency, as any of us would want to do as MPs championing our constituencies. The Department absolutely recognises the importance of rural schools and the need to maintain access to good local schools in rural areas. Rural schools are often at the heart of their communities, which is why there is a presumption against the closure of rural primary schools. The possibility of closure would be a hugely difficult issue for all involved. The legislation requires that decisions be made by local authorities, which are required to follow a well-established statutory process, including a period of representation when they must gather comments and opinions from affected groups, and they must consider them during the decision-making process.
Our national funding formula reform has meant that the funding schools attract through the sparsity factor has more than doubled from £42 million in 2021-22 to £95 million this year. That is one of the ways we are supporting rural schools.
My hon. Friend rightly raised concerns about the length of the gap between the 2007 inspection and the more recent one. It is absolutely vital that we remove the exemption to ensure that schools and parents have an up-to-date assessment of the quality of education being provided in every school. I would have made that change myself on my appointment, but I was very pleased to find that the decision had already been taken by my predecessor. I think it was not before time. The Government were rightly concerned that over time the exemption was starting to lead to a loss of confidence in the outstanding grade, particularly as many exempt schools were judged outstanding under previous Ofsted inspection frameworks. Over time, we have increased expectations in order to raise standards across all schools. Ofsted’s new framework presents a tougher test for a school to be judged outstanding. It is also the case that Ofsted is focusing at this time on those schools that have gone longest without inspections, including those that have gone a decade or more without inspection.
Where Ofsted inspects and finds a school is no longer outstanding, it makes a point in the report to recognise that the declining grade is not necessarily a reflection of the work of the current leadership in the school. The vast majority of former exempt outstanding schools inspected since September 2021 have been judged either outstanding or good.
I recognise the case that my hon. Friend the Member for Central Suffolk and North Ipswich has raised regarding Thomas Mills High School. I will raise the issue with Her Majesty’s inspector when we next meet. However, I should reflect that in the many debates I have listened to and attended over the years, I would be pressed hard to make sure that we did emphasise the importance of safeguarding.
I am happy to discuss with my hon. Friend the Member for York Outer all the opportunities in the White Paper on how to attract strong trusts to his area. He also asked about guidance and support. We have been looking at revised guidance on behaviour and attendance, and at clear guidance on keeping children safe in education to support governors and school leaders to navigate their responsibilities more effectively.
My hon. Friend raised concerns about the outcome of the inspection at Naburn primary school and the implications for the future of the school. Our priority is always to ensure that pupils receive a high standard of education. That is why the regional schools commissioner, acting on behalf of the Secretary of State, will take responsibility for ensuring that an inadequate maintained school becomes a sponsored academy as swiftly as possible.
Our expectation is that schools with directive academy orders convert within nine months. In the case of Naburn primary school, following an Ofsted judgment of inadequate and the subsequent issuing of a directive academy order, all parties are acting quickly to support the school, particularly as safeguarding concerns have been identified. The local authority, the Department for Education and Ofsted are in agreement that the standards at Naburn were not good enough, as pupils did not have access to high-quality provision. The Ofsted inspection report from December 2021 indicated that the school curriculum is not developed and does not meet the needs of pupils, that the teachers do not have high expectations for all pupils and that there is not a strong culture of safeguarding at the school. This does put pupils potentially at risk.
The Ofsted report also notes that the local authority identified the school as being vulnerable in 2019 and gave leaders extra support. However, the support provided has not prevented the overall decline. The local authority knows that intensive support is now needed in order to ensure the quality of education becomes acceptable. The diocese agrees with the local authority that there are significant areas of the school’s work that need improvement. There are a number of strong trusts already operating in the York area that collaborate well across the York Schools and Academies Board, but we need to be realistic about some of the challenges that my hon. Friend has raised on the viability of the school, given the small number of pupils currently on roll and the lack of applications for September. This is a small school with 57 pupils on roll and at 66% capacity. At this point, there are two sponsors who have conducted due diligence on Naburn primary and early indications for sponsorship are promising. Should a potential sponsor be identified, that sponsor will need to explore options it might take to rapidly bring about the necessary changes at the school.
The Department has made it clear that school closures are necessary only in exceptional circumstances, which are detailed in our statutory guidance. We will continue to work with my hon. Friend and with the local authority to try to make sure that this situation reaches a good outcome for the school and the community that he represents.
I have tried to cover a lot of ground this afternoon, and I hope I have addressed some of the specific points raised by hon. Members in what has been a thought-provoking discussion. I take into account the concerns that have been raised. I want to make sure that we explore fully the outcomes of the survey that my hon. Friend has conducted and discussed today.
I have outlined the various lines of accountability for Ofsted which, taken together, provide what I believe are appropriate checks and balances, with Ofsted being answerable to Government and Parliament and to its statutory board, but at the same time having appropriate and demonstrable independence in carrying out its work. Its independent insight and judgment remain just as important today as they were 30 years ago, perhaps even more so as we seek collectively to ensure that all children, pupils and students are able to recover following a period of substantial disruption to their education and lives more generally. Ofsted has its part to play—a key part, as I have outlined—and while we must never be complacent, I believe that the accountability mechanisms are in place to allow for appropriate challenge and support as it carries out its work.
Ian Paisley (in the Chair)
Thank you, Minister. I think that is one of the longest speeches a Minister has ever made in response in a 90-minute debate in this Chamber. I saw his Parliamentary Private Secretary twitching—he was going to send one of those notes, but he resisted. Mr Julian Sturdy, you have the opportunity to wind up the debate.