School leaders' union threaten legal action against Ofsted over report card reforms

The school leaders’ union NAHT has threatened legal action against Ofsted over its plans for a new approach to school inspections, which includes the introduction of report cards, arguing that the consultation on the proposals is “inadequate”.

Ofsted has described the suggested claims as “plainly untenable” and has said it will “resist and seek costs” if legal action is launched.

In February, Ofsted launched a 12-week consultation on a new approach to inspecting and reporting on education providers, which includes replacing the ‘single word judgement’ with a 5-point grading scale for each evaluation area, and introducing ‘Ofsted report cards’ - giving parents detailed information about standards across more areas of practice in their child’s school, early years, or further education provider.

However, the NAHT issued a claim for judicial review against the proposals last week (2 May), arguing that “adequate consultation” has not been conducted regarding the 5-point grading scale, as this element of the proposals was presented as “final” during Ofsted’s report card consultation, which closed on 28 April.

The union noted that the watchdog’s plans for a new report card involve an increased number of graded sub-judgements, which school leaders fear will “only increase high-stakes accountability and pressure”.

Paul Whiteman, NAHT general secretary, said: “Somehow the focus on school leader mental health and wellbeing has got lost along the way during Ofsted’s consultation process.

“We must not forget that the catalyst for these changes was the tragic death of Ruth Perry and widespread acceptance that the inspection regime was placing school leaders under intolerable pressure. However, there appears to have been very little thought given to the impact on the wellbeing of school leaders in the drawing up of these plans and the consultation that followed.

“School leaders are deeply concerned that the new report cards could result in an even worse system than before, with potentially disastrous impact on workload, wellbeing and retention.

“We have tried engaging with Ofsted and explaining this, but so far these concerns have fallen largely on deaf ears. We have been left with little choice other than to pursue this action.”

An Ofsted spokesperson said: “Supporting the mental health of those we inspect is an important part of the development of our proposals and we are already hearing positive feedback through our inspection tests.

“Our legal team have responded robustly to NAHT. Their suggested claims are plainly untenable. If legal action is launched, we will resist and seek costs.”

 Lottie Winson