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High Court to hear legal challenge brought by school over ‘inadequate’ rating that followed second Ofsted inspection

The High Court is this week (24-25 April) hearing a school’s legal challenge over an inspection report issued by Ofsted following two separate inspections.

Law firm Irwin Mitchell said All Saints Academy Dunstable will argue that the watchdog “hadn’t provided sufficient evidence, explanations or reasons for its latest graded inspection report which comprised two separate visits with each team arriving at very different conclusions”.

The school will further argue that it did not have adequate information to challenge the report.

Irwin Mitchell said inspectors visited All Saint’s Academy on 22 and 23 November, 2022. The secondary school was advised it would be graded ‘requires improvement’, despite being ‘good’ in four out of the five inspection areas and safeguarding deemed to be effective.

However, a second set of inspectors undertook a “much shorter” gathering additional evidence inspection on 24 January 2023 and reached very different judgments.

These included safeguarding being ineffective and overall effectiveness inadequate.

All Saints’ barrister, Paul Greatorex of 11KBW, will argue that Ofsted failed to provide a reasonable standard of explanation, evidence and reasons for these differing judgments between two teams of Ofsted inspectors within two months of each other.

The full judicial review hearing before Mr Justice Kavanagh will consider whether Ofsted did provide sufficient reasons, explanation or evidence to allow the school or anyone to understand the findings and challenge the report.

Rachael Smurthwaite, Associate Solicitor at Irwin Mitchell, said: “All Saints Academy is pleased the High Court has accepted this case meets the threshold for a judicial review of Ofsted’s inspection report, which it believes had significant flaws.

“The school is concerned not only about the content of the report and the procedure by which it was produced, but how a second team of inspectors could reach such very different conclusions to the first.”

She added: “The school has raised several matters regarding the inspection regime, which it believes are of national importance. There is real concern over Ofsted’s refusal to provide evidence and explanations for its judgement and this case will hopefully provide clarity on both this and the other issues at stake. This hopefully will help All Saints and other schools understand the reasons behind Ofsted’s judgements.

“This review will ensure that these serious concerns that have been raised are recognised and examined in detail, and we welcome the case being heard by the court.”