Ofsted have this week announced a new consultation to seek the views of parents, carers, professionals, and learners on a new approach to inspecting and reporting on education providers, from the autumn. The proposals impact on early years settings, state-funded schools, non-association independent schools, further education and skills providers, and initial teacher education providers.
The proposed reforms follow widespread criticism of the inspection process adopted by Ofsted, which was brought to the forefront following the death of headteacher Ms Perry in 2023.
What are the current proposals?
Ofsted have confirmed that the key proposals are:
- Ofsted will issue ‘report cards’ that provide information to parents in a simple format;
- There will be a colour-coded five-point grading scale to evaluate areas of work, accompanied by a written summary of the findings for each area;
- The five-point grading scale proposed is:
- Causing concern
- Attention needed
- Secure
- Strong
- Exemplary
- The areas to be inspected will depend upon the type of provider, however all will include leadership and management, curriculum, achievement, teaching, behaviour and attitudes, safeguarding, inclusion, and wellbeing;
- There will be no ‘overall effectiveness’ grade; and
- More contextual data will be provided within the reports. This might include learner characteristics, attendance figures, or local area demographics. This will in turn assist inspectors when assessing work in context – for example, in a disadvantaged area facing different challenges to similar provisions in more affluent areas.
What’s are the timescales?
The consultation is expected to run for 12 weeks, from 3 February to 28 April 2025. As well as the online survey, Ofsted will hold focus groups during the consultation period.
We expect a report reflecting the feedback to be published by Ofsted in the summer. The final reforms are expected to be implemented from autumn 2025.
Changes to children’s social care inspections are expected to follow in 2026.
Do the proposed changes go far enough?
As lawyers representing a variety of providers registered with Ofsted, we know all too well the concerns that many providers have about the variability of Ofsted inspections, whether that be the conduct of inspectors, the judgements reached, a lack of transparency and accurate reporting, or the grading system used. Furthermore, the impact of a poor inspection outcome can be huge, and often providers feel a lack of support from Ofsted when this happens.
Sir Martyn Oliver has stated that the aim of the proposals is to not only raise standards and improve the lives of children, but that they ‘hope that this more balanced, fairer approach will reduce the pressure on professionals working in education, as well as giving them a much clearer understanding of what we will be considering on inspection’. It is certainly arguable that the proposals may offer a wider perspective of a provision through the assessment of a variety of different areas, which in turn could allow for a more balanced assessment of a provision. This balanced approach is reinforced by the decision to scrap ‘overall effectiveness’ gradings, which is often a headline that follows a provider around for many years post-inspection. A wider assessment of a provision, without the single-word judgement, will no doubt be a welcome change for providers.
That said, many providers and professionals within the sector are likely going to be disappointed that the grading system is not being scrapped altogether but amended to a five-point scale system. This is not, perhaps, the revolutionary change that providers were expecting or hoping for. Furthermore, some may feel that additional areas of inspection will create additional stress, rather than reducing the pressure on professionals. What is also unclear is how Ofsted plan to address other concerns arising out of inspections, including consistency across inspections.
With the above in mind, it is imperative that those within the sector engage with the survey and have their voices heard, as Ofsted will be using the responses to consider how they intend to move forwards in the autumn.
How can we help?
Our specialist Ofsted lawyers regularly assist providers in respect of challenging inspections, including complaints to Ofsted, as well as enforcement action. Please visit our case studies page to find out more about how we’ve helped childcare providers, education providers and social care providers in England and Wales.
If you would like assistance with an Ofsted issue, it is imperative that you seek specialist legal advice as soon as possible given the timeframes involved. For a confidential discussion with a member of our team, please contact us on 0161 696 6250 or via our online enquiry form.
