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Ofsted tweaks complaints system, but heads want more fundamental reform

Small changes to the Ofsted complaints system will be enacted from January following a consultation by the inspectorate, but school leaders are unconvinced and maintain their calls for more fundamental reform.
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Further changes will then be introduced in April as Ofsted attempts to respond to criticism of its complaints procedures following the death of headteacher Ruth Perry earlier this year.

However, headteachers remain unconvinced and are still calling for more “fundamental reform” to improve the reliability of inspections “while reducing the unacceptable toll on the wellbeing and mental health of leaders and teachers”.

Ofsted’s consultation received more than 1,500 responses and set out four overarching proposals, all of which will be carried forward.

From January, we will see enhanced on-site professional dialogue during inspections “to help address any issues” and a new opportunity introduced for providers to contact Ofsted the day after an inspection to raise any concerns.

Meanwhile, from April Ofsted will introduce new arrangements for finalising reports and considering formal challenges to inspection outcomes.

Also from April, Ofsted will remove the current internal review step in its complaints process and we will see direct escalation to the Independent Complaints Adjudication Service for Ofsted (ICASO). There will also be periodic reviews of closed complaints using external representatives.

 

From January 2024

Dialogue with inspectors will now be formalised during the inspection visit to ensure it happens “routinely” and that there is consistency between inspectors and inspections.

Ofsted’s consultation response states: “This will help inspectors to address any queries, misconceptions or concerns as soon as possible.”

It adds: “Effective communication is crucial to successful inspections. We help inspectors to communicate more effectively through clear guidance, regular training and developmental quality assurance arrangements. Formalising our feedback arrangements during an inspection visit will enhance this further.”

There will also be “a new opportunity for providers to call Ofsted the day after the end of an inspection visit if they have any unresolved issues”.

This opportunity will be open for one day only and schools will be able to contact “an experienced inspector who is independent of the inspection in question”.

The consultation response states: “The inspection visit cannot be open-ended. We believe that allowing contact only on the day after the end of an inspection visit is a helpful and appropriate approach.”

The consultation response confirmed the changes from January: “We will give all inspectors guidance on developing and formalising the important discussions and professional dialogue that are essential for successful inspections.

“As part of all inspections, we will let providers know that they can contact us with any unresolved issues on the day after the end of the inspection visit.”

 

From April 2024

Schools will see new arrangements for finalising inspection reports and for considering formal challenges to inspection outcomes, with new policy documents to be published in due course to set out how this will work in practice.

However, the consultation response states: “When they receive their draft report, providers will be able to highlight minor points of clarity or factual accuracy or raise a formal complaint to seek a review of the inspection findings and judgements awarded.”

Some respondents raised concerns that schools “would not normally be able to make a formal complaint or challenge if they had already chosen to highlight only minor points” and requested further clarity on this.

Ofsted stated: “We note the need for clarity in guidance so that providers can understand how the new arrangements will work. This will be set out in new policy documents in due course. The addition of a telephone call as part of the investigation process, as well as clearer outcome letters, will help providers to better understand how we have handled complaints and reached decisions.”

Ofsted also confirmed the scrapping of its internal review process: “We will remove the current internal review step in our complaints process. If complainants are concerned that we have not correctly followed our complaints-handling process, they will be able to escalate their concerns directly to the ICASO.”

However, again some respondents noted that the ICASO’s role is to review whether the complaints process was carried out properly rather than reviewing the inspection itself or its outcome.

With regards to the periodic reviews of closed complaints cases, Ofsted stated: “We will set up the panels with external sector representatives.”

 

‘Small improvements’

The changes have been welcomed by headteachers, but there is still frustration that there is no independent body to handle complaints about inspections themselves or their outcomes.

A survey involving 1,890 members of the National Association of Head Teachers found that 85% were “unconfident” or “very unconfident” in Ofsted while 64% did not think the headline single-word judgement given by inspectors was reliable; only 12% said they thought Ofsted inspectors are able to fully understand and evaluate a school in the time they spend on site.

The research found that 95% of the school leaders disagreed or strongly disagreed that Ofsted dealt with complaints about the accuracy of inspection judgements effectively.

Ian Hartwright, the NAHT’s head of policy, said: “This underlines that much more needs to be done to regain the confidence of the education profession in the complaints procedure, and ultimately we need to see an independent body handling complaints rather than an inspectorate marking its own homework.”

Mr Hartwright said the changes represented “small improvements to the complaints process which we hope will lead to better dialogue with school leaders”. However, he added: “More broadly, fundamental reform of the way Ofsted operates is urgently needed to improve the reliability and usefulness of inspections, while reducing the unacceptable toll on the wellbeing and mental health of leaders and teachers. If delivered, these changes might go a long way towards reducing the number of complaints in the first place.”

Chief inspector Amanda Spielman said: “We have piloted enhanced professional dialogue and allowing providers to contact us the day after the inspection and these worked well. I’m confident these changes will help resolve complaints more quickly, reduce the administrative burden on those making a complaint, and increase transparency in the process. I hope they will also help providers feel more comfortable about raising any issues with us.”

 

Annual report

The consultation comes just after Ofsted’s annual report, which confirms that 89% of schools are currently judged good or outstanding, 9% are judged requires improvement, and 3% inadequate.

Broken down, 90% of primaries and 82% of secondaries are good or outstanding. Meanwhile 8% of primaries and 13% of secondaries are requires improvement, and 2% of primaries and 5% of secondaries are considered inadequate.