Ofsted: Accountability

Ian Paisley Excerpts

Wednesday 8th June 2022 Westminster Hall

[Several hon. Members rose—]

[Ian Paisley (in the Chair)]

Order. Members will see that we are not greatly oversubscribed today, but that does not give them licence, as I am sure they will appreciate, because the Minister will want time to respond to the points that have been made.

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[Stephen Morgan (Portsmouth South) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Paisley. I thank the hon. Member for York Outer (Julian Sturdy) for securing this important debate. As we have heard today, the role of Ofsted is an issue that prompts much discussion among teachers, parents and constituents.

The hon. Member for York Outer spoke about concerns shared with him by a village school in his constituency, and the impact on staff, parents and the wider community. He cited the impressive response to his efforts to seek the views of others, on which I congratulate him. It is great to hear that nearly 2,000 responses were received, but it is also a sad reflection of the concerns about existing inspectorate arrangements. He raised particular concerns about the complaints processes and the limited effective opportunities to challenge the inspectorate and its outcomes; those points were well made.

We also heard, as ever, from the hon. Member for Strangford (Jim Shannon), who shared his insight and considered views from a Northern Ireland perspective. He spoke passionately about the pressures that Ofsted places on teachers and the need for more support for them, which I will address later in my speech. Finally, the hon. Member for Central Suffolk and North Ipswich (Dr Poulter) also shared helpful insight from his constituency about the impact on schools and communities of one-word judgments.

It is true that the majority of schools are now rated good or outstanding, but that masks an estimated 210,000 pupils stuck in schools that for 13 years or more have received ratings of inadequate or requires improvement. There are also significant regional inequalities. More than 200,000 primary-age children live in areas in which there are no good or outstanding schools. Eleven out of 12 local authorities in the north-east have a higher-than-average share of pupils attending underperforming schools.

School inspection must be a crucial part of our education system to deliver the best for our children, but I fear that the framework drives a tick-box culture, as echoed by other Members in the debate. It does not necessarily encourage the delivery of excellent education to every child. It also contributes to a growing recruitment and retention crisis in the teaching profession, which will inevitably have an impact in the classroom. For too many school leaders, teachers and governors, inspection has become emblematic of all that is wrong with the profession. Time and time again, in conversations that I have had since becoming shadow Schools Minister, teachers tell me that they feel punished, not supported, by Ofsted.

Earlier this year, I visited the National Education Union advice line in Doncaster. I spoke to teachers desperate to find a way to stay in the profession that they love, but the pressure of inspections was listed by teachers and staff as a significant factor in their decision to leave. I visited a school in Gillingham where people described the relief that the inspections were suspended during covid, because they could then

“focus on doing what was best for the children”.

That seems completely counterproductive to me, and to many parents and teachers too.

I want to say to school leaders, teachers and governors: “I hear you loud and clear.” Unlike this Government, Labour has a clear plan to tackle the challenge. This year, Ofsted turns 30 and, in that time, the role of schools has changed immeasurably; so, too, must the inspection framework. Getting the best out of people means respecting their efforts and supporting improvement, as well as challenging their performance. Ofsted should be an ally to every teacher and school leader, determined to set their school on the right path. In government, therefore, Labour will undertake fundamental reform of Ofsted to ensure that it supports school improvement proactively, and does not just deliver high-stakes, one-word judgments on the hard work of teachers and governors.

First, we would free up inspectors to work more closely with schools requiring improvement. They would be empowered to put in place plans to deliver sustained change in struggling schools, similar to the peer-to-peer support that worked so well in the London challenge. We would connect teachers and leaders with the training they need. Next, we would require Ofsted to report on a school’s performance relative to other schools in its family, or those with similar characteristics. That would recognise the short and long-term improvements that teachers plan, helping parents understand inspection results more clearly. We would also require Ofsted to report on areas of excellence within a school, so that we can celebrate what is great as well as what needs improvement. Working with school leaders and staff, we can reset the adversarial culture and refocus on the delivery of excellence for every child.

While important, however, reform of Ofsted is not a panacea. I recognise that the challenges that children and teachers face, and that this Government choose to ignore, go beyond that. As I said, the inspection regime is contributing to an increasing recruitment and retention crisis. Ministers have met teaching recruitment targets only once in the past decade. DFE data released earlier this year shows that the number of applications to initial teacher training has plummeted by almost a quarter from the same time last year. Forty per cent. of teachers now leave the profession within four years.

I am clear that the world-class education we want for all children need not come at the cost of the high-quality teachers we need. That is why Labour has introduced the most ambitious programme of school improvement for a generation, which contains practical steps to tackle the day-to-day issues that teachers face in the classroom. First, we will recruit 6,500 new teachers to help close the vacancies gap, and we will make a real investment in teachers through a professional development fund that gives them access to the skills they need during their career. Aspiring headteachers will be given the support they need to lead outstanding schools. Our excellence in leadership programme to support new headteachers throughout their first years in the job will be well supported. We will work together with school staff and leaders to give them time to teach and to deliver the outcomes we need for our children. Labour is clear that inspection should apply to the whole system, with multi-academy trusts properly responsible for provision in schools, as Ofsted itself has called for.

Labour is relentlessly ambitious for children’s success. We want to build an education system where children thrive once again and staff have the time to teach. Making that a reality requires curiosity, an understanding of the problem and a real plan, but what we see from this Government is a White Paper full of bluster and gimmicks and a Schools Bill that fails to tackle the day-to-day challenges facing our school system. Yet again, Conservative Ministers simply do not have the answers that teachers, children and parents need. That is why the next Labour Government will transform education again, as we did in the past, and place children at the centre of our national approach. That is the very least they deserve.

[Ian Paisley (in the Chair)]

Before I call the Minister, I commend the Chamber Engagement Team on their production of an excellent piece of work, which has helped to inform and assist today’s debate.

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[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.