Ofsted: Accountability

Julian Sturdy Excerpts

Wednesday 8th June 2022 Westminster Hall

[Julian Sturdy (York Outer) (Con)]

I beg to move,

That this House has considered the accountability of Ofsted.

It is a pleasure to serve under your chairmanship, Mr Paisley, for the first time, I think.

I applied for the debate after I was contacted by a small village primary school in my constituency which has recently had a difficult experience following an Ofsted inspection. I thank everyone at Naburn Church of England Primary School, as well as the residents of Naburn for their engagement in the issue, with a special mention for headteacher Jonathan Green, for his invaluable input and for his skilful leadership of the school in these challenging times.

I also thank the Chamber engagement team here in Parliament for all their work in publicising the debate and for organising a survey of members of the teaching profession. My sincere thanks go to everyone around the country who took the time to complete the survey and to provide their own experiences of the Ofsted inspection process. Little did I realise when I organised the debate how widespread some of the concerns about Ofsted are among those involved in our school system. The survey for the debate alone attracted nearly 2,000 responses. Time prohibits me from mentioning every contribution, but I hope to provide a useful summary to inform discussion and the debate today, grounding it in first-hand experience of teachers and governors.

Last month, I attended a packed public meeting in the village of Naburn to discuss the future of the village school. The school is small, with only 56 pupils across two classes, but its importance to the community life of the village is significant. The school was inspected by Ofsted in 2007, when it was found to be “outstanding”. As a result, there was a 14-year gap before the next inspection in December last year, a gap that in itself I find worrying. The result of the inspection has been a finding of “inadequate”, which has put the school in the precarious position of having to find an academy sponsor within a tight timeframe of just a few months.

Many of the concerns expressed by Ofsted in its report were fair, but there was widespread frustration with how the inspection was carried out and the unconstructed nature of the findings, above all the fact that the school and the local community felt completely powerless to challenge oversights or omissions, or to add any sort of context to the report’s findings. That left them asking an important question, which I would like the Minister to answer today: to whom, if anyone, is Ofsted ultimately accountable?

To me, there seems to be no obvious answer to that question, which I find quite staggering. The Ofsted website sets out a four-stage process by which a school may pursue a complaint. Three of the stages are internal, with only the final stage bringing in external lawyers from the Centre for Effective Dispute Resolution to make non-binding findings on the narrow question of whether Ofsted has handled the complaint in line with its own procedures. Above and beyond that, the only means by which a school can ultimately force an about-turn by Ofsted is through the courts—an expense that is, to be honest, completely out of the question for the vast majority of schools. Over the past 10 years, I think, there has only been a handful of such cases, but the Minister will have the figures.

Turning back to the first stage of its complaint process, Ofsted is, to its credit, good at encouraging schools to take an active part in the inspection process and to discuss any concerns with the inspectors informally; inspectors are under an obligation to record and acknowledge any such concerns before continuing with the inspection. As the report is being drafted, there is an ongoing opportunity for the school to comment, to object on any issue in any particular way, and to contest the accuracy of the facts given, particularly in the report; and the lead inspector must then respond to those comments.

That may sound like a collaborative process, and for some schools that have positive experiences of Ofsted inspections it is. However, what comes through very strongly from the feedback that I have received from teachers is that inspection really is a lottery, and the experience depends to a large degree on the attitude of the inspector.

Of the nearly 2,000 respondents to the survey, just over half reported experience of the complaints process. Within that sample, there were plenty of examples of the system working well, with some respondents asking the inspector to see something in action during the course of the inspection, to correct the false impressions. There was praise for the flexibility of the system, with schools challenging the findings of the inspector partway through and finding that their grade was raised by the end of the process by that individual inspector. After the inspection, challenges to specific statements in the draft report were duly accepted and the wording was amended in the final report.

I think we can all agree that that is how the system should work. An Ofsted inspection should not be a walk in the park; it should be a rigorous process by which we ensure that appropriate standards are being maintained. After all, teachers and schools are given an enormous social responsibility of looking after and educating our children. However, there should be some humility on the part of Ofsted to recognise the fact that what its inspectors see during an inspection is, in the words of one of the respondents to the survey, “a snapshot in time”, with the outcome of the inspection not always capturing the reality of the school.

Time and resources permit inspectors to see the school for only one or two days, and in quite highly pressurised and therefore unrepresentative circumstances. It is right, therefore, not only that a significant opportunity is given to teachers to add context or to correct the record, but that appropriate weight is given to this feedback when the final assessment is being made. The unfortunate truth, however, is that that was the minority experience among respondents to my survey, with most of them reporting real concerns about how receptive inspectors were to comments and complaints at that stage.

Several teachers were frustrated with the “rude and dismissive” attitude of the inspectors and the lack of professional respect given to teachers. Many respondents felt that they were not given significant opportunity to highlight evidence of the excellent work done in classes, with the inspector focusing only on perceived weaknesses. Consequently, they felt that Ofsted inspection was a blinkered, tick-box exercise—or worse, an exercise in picking them apart on specific issues—rather than a fair, holistic assessment of how well the school was performing.

Respondents also highlighted unprofessional conduct by Ofsted inspectors, referring to deliberately combative attitudes and inspectors making judgments based on preconceptions. Points of concern included thinly disguised prejudice against faith schools and a perceived agenda against the type of school under inspection or the teaching methods being used. As one respondent put it:

“Some come in with a preconceived idea and nothing that they see or do will change it.”

Another respondent was of the view that the inspectors’ line of inquiry was very much about proving that their own initial decision was correct. If that is the case, it is extremely concerning.

This is more a criticism of the system than of individual inspectors themselves. Indeed, the headteacher of Naburn School was at pains to highlight the pressure put on the inspectors by operating to such a short timescale, and clearly a great many inspectors uphold the high professional standards expected of them. However, a recurring complaint in the feedback that I received was about the rigidity of the inspection criteria and the lack of focus on the context of the school. This was a concern among parents and teachers at Naburn.

One of Ofsted’s primary concerns in its report was the poor attendance rate and the steps that the school had taken to address it. On the face of it, that is a fair criticism, but it does not take into account that about a third of the children at the school are from a local Traveller community with very specific and well-documented issues around school attendance—something that is arguably beyond the sole control of the school leadership. Lauren, a constituent of mine who teaches at another local school, said that although she thought the outcome of her school’s last Ofsted report was fair, she was concerned to see how little Ofsted seemed to take the area and its demographics into account. She works in a school that has a higher than average pupil premium rate, with high numbers of students on free school meals and those for whom English is an additional language, but the school is judged in exactly the same way as schools without these difficult challenges. When such concerns are raised, schools feel that they are falling on deaf ears because they do not form part of the inspection criteria, and that a major part of the factual background to explain the school’s weakness is simply being overlooked. The complaints procedure does not seem able to accommodate these sorts of concerns.

If the subject of a complaint is the conduct of an Ofsted inspector, the situation is arguably even more difficult, because the complaint is reviewed in the first instance by the individual who conducted the inspection, leading to frustrations about how objective the exercise could really be. The informal complaints procedure is therefore an important part of the process. It can be valuable and effective when it works well, but it is important to recognise its limitations and the need for a robust mechanism by which the substantive findings of the report can be independently reviewed.

At stage 2 of the complaints procedure, schools are given a short window to submit a formal complaint prior to the publication of the final report. This is the only opportunity given to schools to put their substantive case before anyone who is not the initial inspector.

The final two stages narrow to an almost exclusive procedural focus, in which an internal scrutiny panel reviews how a stage 2 complaint has been handled. If the school decides to take it further, the Independent Complaints Adjudication Service for Ofsted will perform a similar exercise. It is specifically not within the remit of the Independent Complaints Adjudication Service for Ofsted to review the professional judgment of the decisions made by Ofsted, meaning that there is no external means of challenging the outcome of an Ofsted inspection, short of going to court—a reality that my constituents in Naburn found unbelievable.

Even within its narrowly prescribed remit, the Independent Complaints Adjudication Service for Ofsted faces certain limitations. Its determinations are not binding on Ofsted; all it can do is offer an independent view on the complaints and provide individual recommendations, advice and guidance to Ofsted to help it achieve best practice in the complaints-handling procedures. Ofsted does not have to comply with the recommendations, but if it does not comply, it must explain its reasons. In short, far from being an ombudsman-type of service with real teeth, the role of the ICASO is more of a mediator, albeit in a relationship in which the power balance between Ofsted and the school is heavily skewed towards the former. Its limited role is reflected in the small number of cases it reviews every year—about 20, which represent a tiny proportion of Ofsted’s overall workload. That figure is surely not reflective of the number of schools with concerns about their Ofsted inspection that are simply unable to ask for a review under one of the heads of complaint available.

Given the problem that I have set out, the question is: how can the system be improved? By way of comparison, it is useful to look at the complaints procedure used by the Independent Schools Inspectorate. The inspectorate also accepts contributions from schools during the inspection and drafting process, but it is treated as a given and is not explicitly part of the complaints procedure. Schools have the opportunity to submit a formal complaint for internal review, much like Ofsted’s procedure, but they are given a 10-day window, which seems much more reasonable than the five-day timeframe given by Ofsted. Crucially though, there is then a procedure by which the complaint can be submitted to an independent adjudicator, whose decision is considered final and binding on both ISI and the school. The independent adjudicator has before them all the relevant documentation and, crucially, can both investigate whether the complaint was handled correctly and adjudicate on whether the decision was reasonable. As a result of the adjudicator’s findings, the report can be amended on a full or partial reinspection ordered by ISI at its expense.

I appreciate that the comparison is slightly limited, as the case load and remits of ISI and Ofsted are very different, but it does provide an example of the sort of checks and balances that would go a long way to alleviate many of the frustrations felt by schools that have had difficulties dealing with Ofsted.

Another point worth considering is the relationship between Ofsted and the Department for Education. First, I recognise and acknowledge that a system where a Minister can be accused of intervening in an individual case on the basis of political pressure is undesirable, and it is completely right that Ofsted operates at arm’s length. However, the result is that parents, schools and local communities feel completely powerless in the face of an organisation that does not appear to have to justify its decisions to anyone.

If there is reluctance to reform the standard complaints procedure to give the independent element more teeth, one alternative could be to create a safety mechanism by which the Secretary of State can order a reinspection with a new team of inspectors or an independent review, so that Ofsted can no longer mark its own homework, which it seems to be doing on a regular basis. This mechanism would have the dual effect of providing an outlet to enhance accountability for local communities if they feel their school has been treated unjustly, while ensuring that the final decision is taken independently of political pressure and purely on the basis of the relevant criteria.

There is a debate to be had about the school inspection system more generally and its impact on the wellbeing of teachers and the effectiveness of the education system. I was interested to receive feedback in my survey on those points, and I am sure they will be picked up by many other colleagues. I have sought to confine my comments to the specific issue of the accountability of Ofsted and the procedure available to challenge its decisions. I am not opposed to having a robust school inspection system, and I believe that a strong inspection body is central to achieving that. Many teachers, as evidenced by my survey, have had nothing but positive experiences with Ofsted, but it is also clear that there are many who have not.

My concerns came to a head when I spoke to teachers and parents at Naburn school in my constituency. They are frustrated at how powerless they felt and incensed at the lack of accountability. The national response I have had since publicising this debate shows that their concerns are not isolated, but are widely shared in the teaching profession. The Government need to address this issue, and I look forward to the Minister’s response. I know him well, and I am sure he will take a lot of what I have said on board.

[Several hon. Members rose—]

--- Later in debate ---

[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.

--- Later in debate ---

[Julian Sturdy]

I will be brief. I thank the Minister for his response, but I want to pick up one quick point before thanking everyone else. He talked specifically about Naburn school, which is what led me to bring this debate on Ofsted’s accountability to the Chamber. The new headteacher, Jonathan Green, has been tasked with turning the school around. He has the full support of the parents and is doing an amazing job, but he was in place for only 24 days before Ofsted came on site to inspect the school. Is that normal, or should he have been given more time to try to turn the school around? There was a huge amount of frustration in the local community that that was how the inspection came about, and that context needs to be laid out in response to what the Minister has said.

I would like to thank the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Central Suffolk and North Ipswich (Dr Poulter) for their valuable contributions and for raising different aspects of Ofsted’s accountability. I agree with one of the points made by the hon. Member for Portsmouth South (Stephen Morgan) that many schools, headteachers, teachers and parents, at times, feel punished by Ofsted. We have to change that.

I agree with the Minister on the issues of the overall accountability of Ofsted and its wider policy. He raised the fact that he and the Secretary of State have regular meetings on that. However, it still goes back to the real concern over individual cases and how schools can challenge decisions made by Ofsted. I do not think that that has been properly addressed. There is real concern out there.

The Minister referred to the ICASO review, but we have to remember that it is not binding on Ofsted, as I said in my speech. I wonder whether the Minister feels that a change such as making those findings binding on Ofsted could ensure more individual accountability when schools feel aggrieved by an Ofsted inspection and need some form of redress to be able to challenge that. I do not feel that they have the confidence to do that at the moment.

Question put and agreed to.

Resolved,

That this House has considered the accountability of Ofsted.