Ofsted: Accountability

Jim Shannon Excerpts

Wednesday 8th June 2022 Westminster Hall

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to serve under your chairmanship, Mr Paisley, not just because you are the Chair, but because you are a colleague and a friend. I am pleased to follow the hon. Member for York Outer (Julian Sturdy), who presented the case. We are debating the accountability of Ofsted, but the Minister will know that we have different arrangements back home in Northern Ireland. I always like to sow into these debates the things that happen in Northern Ireland.

I endorse what the hon. Gentleman said. I share his concerns and I want to talk about some points that concern me. In recent years, there has been a breakthrough in the education system. We have tried to improve our educational standards by miles, and I believe we are on the right path to ensuring that every child has a fair shot at education. That is the ambition. Some people will say that we are on the pathway to achieving that, and others will say that we are not there yet. Saying that, we must address some of the current issues, so it is great to be here today to discuss how we can move forward.

The hon. Gentleman said that Ofsted visits give only a “snapshot in time”. It is important to recognise that the inspection does not sum up all that happens in the school over a 12-month period, as it only captures the things that happen in that one-day snapshot. I understand the purpose of Ofsted and why inspections are necessary, but let me explain why I share the hon. Gentleman’s concerns about the stress that inspections have on teachers, schools and pupils. He said that some faith-based schools have expressed concerns, and are particularly annoyed at Ofsted inspections. Some felt, rightly or wrongly, that they were targeted because of their faith. I am sure that is not the case, but some felt it to be.

Something has to be done about the situation if the only way for schools to challenge the conclusions of the Ofsted inspection is on a legal basis. I very much look to the Minister for a response to that point. There cannot always be a legal challenge to the inspection’s conclusions and recommendations. The Minister always replies sympathetically and helpfully, as he did when he was in the Northern Ireland Office—we miss him there, although we are very glad he is here to respond to this debate.

Ofsted is accountable for school inspections and the inspection process. The devolved nations are covered by different arrangements, but I like to give a Northern Ireland opinion in these debates. Back home, the Education Training Inspectorate is responsible for school inspection duties. Although we are grateful to it for ensuring that our schools are of the highest standard, there are undoubtedly issues to be addressed. When it identifies issues, it highlights where improvements can take place, and it does so in a way that encourages schools, but also ensures that they make the necessary changes.

I have been contacted by many teachers who first and foremost must deal with the ongoing pressures of inspections. It is usually the principals who take on that responsibility, but the teachers and pupils are also part of it. While an inspection is a necessary procedure, it can severely disrupt the routine of the school day. There is often a slight disregard for the disruption that inspections can cause to not only the school day, but the pupils. There is a need to be sympathetic, careful and cautious when it comes to inspections.

We are all aware that our respective Education Ministers in all the regions have worked tirelessly to support pupils with special educational needs and to provide an organised, strict routine to help them learn. My plea is on behalf of those with special educational needs who are disrupted by Ofsted inspection, and who find that it affects them as individuals and in their schooling.

The discomfort and frustration that pupils with special needs can face when their routine is disrupted is unnecessary and could be handled much better. Ofsted and other inspection agencies must be held accountable for ensuring normality in the school day. In addition, our teachers have been feeling extreme pressure to perform as “perfect” in their profession. None of us is perfect. As you know, Mr Paisley, there is only one person who is perfect: the man above. We are just humble human beings with all our frailties and mistakes.

The National Education Union has stated,

“Able teachers, repeatedly assessed as ‘outstanding’, still have their preparation, teaching, management of behaviour and marking of students’ work evaluated incessantly. The pressures created by Ofsted cascade down through the system, increasing teachers’ stress and workloads to the point of exhaustion and burn-out.”

How are Ofsted inspections affecting teachers? Is consideration being given to teachers as it should be, ever mindful that teachers are under incredible pressure as it is? They have a responsibility to deliver for their pupils and they want to do that well, so they do not need extra pressures.

The NEU also notes that Ofsted has failed to address the impact that poverty and the cost of living are having children’s learning. Other factors need to be considered when Ofsted carries out its inspections and draws conclusions about education. One such factor is poverty and the cost of living. The moneys that parents have for their children has an impact on them when they are in school. Another is the responsibility of schools to ensure that pupils have a meal to start the day and are getting fed. Sometimes—I say this very respectfully—a child may not be the best dressed or the tidiest, but that may be because of pressures at home. What is being done to consider that?

The pandemic has already seriously disrupted the education of pupils without the familial and technological resources to study at home. With the increasing fuel and electricity payments, it is estimated that thousands more will be plunged into working poverty, with 3.9 million children having parents who are in in-work poverty. What consideration has been given to the direct impact of in-work poverty on pupils?

There needs to be more support for our teachers. After a horrid, terrible two years due to the pandemic, there has been much judgment as to how schools are operating. I gently suggest there should be a wee bit of flexibility in Ofsted inspections, to ensure that all those factors are taken on board and the pressures of the inspection do not overload teachers and schools.

The workload pressures are concerning, with many teachers working late into the night as it is. There have also been judgments of schools based on limited evidence. The hon. Member for York Outer referred to the pressures on schools, and the importance of ensuring that there is evidence to back up the Ofsted inspections. Most pressures are due to the pandemic. Indeed, many feel that Ofsted inspections should be more circumspect when it comes to other factors—life outside of schools—that have an impact on schools. Ofsted must address basic errors and misunderstandings, and work alongside Ministers to support schools and teachers.

I look forward to the Minister’s response, and I will conclude, ever conscious that others have the opportunity to speak. I welcome the debate and hope that we can be a voice for our education system—to help make teachers’ and principals’ lives easier, to ensure that pupils in schools are not disadvantaged by all the things that are happening outside school that have an impact inside schools. The Minister always strives to give us the answers we look for, and I look forward to hearing him, but I am ever mindful that there can be difficult periods of inspections, which, by their very nature, disconcert, annoy and disrupt school life.

--- Later in debate ---

[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%.