As funded places in England are directly linked to an Ofsted inspection judgement, the consequences of an ‘inadequate’ or even a ‘requires improvement’ can be catastrophic.
Providers who want to challenge inspection judgements can use Ofsted’s complaints process which has two formal stages, step 2 and step 3. Providers may be tempted, especially if they feel aggrieved after the inspection feedback, to email Ofsted with their concerns before they receive the report. However, Ofsted may regard such an email as a step 2 complaint. This means that they will investigate it without the provider having seen the report and being able to gather its evidence to support the complaint.
This is important to avoid, as the more flaws that can be identified in the step 2 investigation, the stronger the complaint. If the complaint is not upheld at step 2, the provider can seek an ‘internal review’, which is step 3. A step 2 complaint must be submitted online within ten working days of publication of the inspection report, and the step 3 complaint within 15 working days of the step 2 outcome letter. Ofsted rarely if ever agrees to defer publication of a report pending the outcome of a complaint.
If the complaint is not upheld at step 3, a provider can make a complaint to the Independent Complaints Adjudication Service for Ofsted (ICASO) and/or the Parliamentary and Health Services Ombudsman. Both have a limited remit; neither have the power to change Ofsted decisions.
The last resort is Judicial Review litigation, but permission is required from the High Court to proceed and it is a high test to meet.
In Wales, providers can challenge the accuracy of CIW reports, but ‘conduct’ complaints against an inspector will be investigated separately. The ‘stage 1’ challenge must be made within ten working days of receipt of the report. If the ‘challenge’ is not upheld, a provider has a further five working days to submit the ‘stage 2’ challenge.
If you have any questions on the above, email amanners@morganlaroche.com
