| SPOTLIGHT |
A school in Dunstable is to challenge Ofsted in the High Court on the grounds that an inspection was “flawed” as the regulator had not provided sufficient evidence, explanations or reasons for the judgments made in its latest report on the school.
The school was granted permission for judicial review by Mr Justice Linden in the High Court last month.
Supported by Irwin Mitchell’s public law team, All Saints Academy Dunstable is contesting the inspection report on several grounds, which include the need for feedback, so any concerns can be understood and addressed.
The school had a graded inspection that took place over two days on 22 and 23 November 2022.
Irwin Mitchell said: “Senior leaders were advised that the school would likely be rated as ‘requires improvement’ despite being noted to be ‘good’ in four of the five areas being inspected."
Ofsted then sent a second set of inspectors into the school on 24 January 2023 to conclude the inspection.
“Radically different judgements were then reached by the second inspection team and the case alleges that Ofsted failed to explain the new judgements or the basis for them. Schools are able to challenge and appeal Ofsted inspections in appropriate cases where they are provided sufficient information from Ofsted”, Irwin Mitchell said.
The school argues it is concerned about the content of the report and the procedure by which it was produced, with “questions over how the second set of inspectors came to their very different views, as well as the refusal to provide evidence to the school".
According to Irwin Mitchell, the school has followed the Ofsted complaints procedure and is currently awaiting the result of a step 3 internal review.
In court, Ofsted stated they are “not there to help the school improve but to inform parents only”, the law firm claimed.
Rachael Louise Smurthwaite, Associate Solicitor at Irwin Mitchell, said: “We’ve been instructed to bring a legal challenge in respect of the process undertaken during Ofsted’s inspection of the Academy. The inspection involved two teams consisting of eight inspectors, who took two months to reach very different judgements.
“Schools should be supported to promote improvement. The inspection regime should be supportive and follow a fair, lawful and transparent process. These cases involve hardworking teachers, and inspections are of such importance that they must be fair and the reasons for conclusions clear. In this case the school has concerns over the process and result and we have brought a judicial review to try and gain answers and reach a suitable conclusion."
Smurthwaite added: “In respect of Ofsted’s approach to inspections and where two sets of inspectors visited the same school and came to very different conclusions, this case will be of national interest.
“The school argues that clarity is needed on the extent Ofsted are obliged to explain their judgments and the evidence for them. Given Ofsted’s high-profile role and recent scrutiny of it, it is more important than ever that correct decisions are arrived at and schools understand the reasons for the judgements.”
The case comes after a recent national debate around Ofsted inspections, following the death of Ruth Perry, a headteacher who took her own life while waiting for a report that downgraded her school to "inadequate".
In June, Ofsted announced a “package of measures”, including changes to its inspection processes and a revised complaints procedure, following the debate about the impact of school inspections.
Lottie Winson
