Nursery complaints about Ofsted inspection on the rise

There are reports that Ofsted is looking into complaints and reporting of incidents dating as far back as 2001.

Nursery owners complain of the inconsistencies of the inspections process, with settings run by the same owner with similar practices are receiving a great difference in grades (see box for one example).

Settings that local authority advisers deem 'outstanding' are receiving lower gradings from Ofsted.

Providers also complain that the complaints and appeals process is confusing and the guidance conflicting.

Nursery World has heard of one case when a nursery was told during a call to Ofsted, 'Tell anyone with outstanding not to worry. We've got enough trouble with inadequates and satisfactories. Don't expect an inspection for another two years!'

Purnima Tanuku, chief executive of the National Day Nurseries Association, said, 'Government reforms are proposing a new role for Ofsted as an agency of improvement. Ofsted grades are set to be the sole deciding factor in which providers are able to offer funded nursery places.

'We're also due to see "requires improvement" grades come in and a speeded up route for Ofsted to close failing nurseries. All this means it is more vital than ever that the sector can have confidence in robust, consistent inspection of the highest standard, with expert early years inspectors that command the respect of the sector.

'Ofsted has been very clear that it is raising the bar for early years providers, and in turn, early years providers will be scrutinising Ofsted's performance. Our feedback from nurseries on the first six months of the new framework has been mixed - we have members who have had positive experiences and particularly welcomed Ofsted's new approach to joint observations. We have also been promoting understanding of the new inspection process through our member resources and regional events, where we have had Ofsted speakers and recently-inspected providers sharing their experiences.'

She added, 'NDNA has also seen an increasing volume of concerns coming in from members, with a number raising concerns over inspection experiences and we will be raising generic issues arising from these with Ofsted.'

Neil Leitch, chief executive of the Pre-School Learning Alliance, said, 'The Alliance is well aware of providers' concerns regarding inconsistencies in Ofsted inspections. We can see why providers are frustrated.'

Melanie Pilcher, policy and standards manager at the Alliance, added, 'The message from Ofsted appears to be that it is harder to get an outstanding.

'And anecdotally we are certainly hearing from settings that they feel they didn't get the inspection outcomes they felt they deserved.'

'We are aware of at least one nursery that we and the local authority predicted should be given outstanding, and it achieved a good, with just two reasons given for why it is not yet outstanding.'

Ms Pilcher said she had seen some 'unhelpful examples' of these reasons.

'In one case I can think of the comment on its own is unhelpful and does not marry up with the text in the main report. It says, the setting is not yet outstanding because, "There are no pictures to depict expected behaviours of children and reinforce group rules for behaviour." But in the report itself the inspector states that there is clear guidance for behaviour.'

Ms Pilcher added, 'As a membership organisation we sit on Ofsted's national consultative forum, and although we don't discuss specific cases unless settings want us to, we do act on their behalf and help them to understand what recourse they have.'

In some cases outstanding nurseries might be losing their outstanding grade because of changes to inspections since last September, she suggested.

'Ofsted always said that under the new regime they would look at a provider's capacity to improve. So yes, you may be an outstanding, but if you can't demonstrate a capacity to continuously improve, then you could be downgraded.'

A spokesperson for Ofsted said that that the appeals procedure and the complaints process was set out on the Ofsted website.

'We started inspecting early years providers in 2001 and Ofsted has and will continue to re-inspect settings where there are concerns.'

The spokesperson added, 'Children deserve a good quality of childcare and education so frameworks are set up to achieve this. Ofsted provides a rigorous training and assessment programme for all early years inspectors to ensure they are fully trained to judge the quality of practice and children's progress. Both parents and early years providers should feel reassured that only those inspectors who demonstrate their full understanding of the revised inspection framework and EYFS will carry out inspections on behalf of Ofsted.'

TWO PROVIDERS AIR THEIR GRIEVANCES OVER INCONSISTENT OFSTED GRADINGS

Provider one says: We've been open nine years. Our first inspection was good with aspects of outstanding and four years ago we gained our outstanding.

During the inspection, the inspector, who was from Prospects, said we were 'great' and described me as 'inspirational'.

She also talked about the passion of the staff. The inspection couldn't have gone any better. However, we were picked up on two points for action. The first was that we were using baskets for books in the toddler room, instead of a shelf, and that toddlers were using water to swill their hands before lunch, when they had already been cleaned.

The inspector said that she felt that having books in baskets would affect the way children could access the books. Even though, when she was there children were helping themselves to the books.

These were our two poits for actions. At the end we were told that we would be graded as good.

I know another nursery owner who does similar things with the books and hand washing and she was recently re-inspected and kept her outstanding grade. I feel that Ofsted has tied itself up with bureaucracy and that there are no clear guidelines. The inspections seem completely inconsistent. I have complained to Prospects and Ofsted, but have been told six different things about the appeal process.

Provider two says: Last October the local authority early years team visited and they said that if we were inspected we should expect an outstanding.

Our Ofsted inspection was in March and I found the inspector very unprofessional. They picked on one child in particular, who is Polish, and said he wasn't very engaged. The child had been off sick for a few days before. The inspector said that we should be speaking Polish to him - we do use the odd word but his parents are really happy with the nursery and are keen for him to speak English.

The inspector also said that he should not be taking part in the Spanish class with the other children, because it would confuse him. We were downgraded to inadequate. The staff were devastated. A few weeks later three of the same staff were at my other nursery when the inspection took place. It was a completely different inspector, also from Prospects. The experience was completely different and we were graded with good with outstanding aspects. The inspector told the staff they should be 'very proud' and made a point of praising them in front of the children.

This illustrates how fickle the inspection process is. How can it be working properly for the same nursery team to receive such very different inspection grades, one an inadequate and one good with outstanding, in a matter of weeks?'