Union to consider strike action after losing legal bid against Ofsted
A headteachers union is preparing to consult its members on potential strike action after the High Court rejected its bid to challenge Ofsted’s new school grading system.
The National Association of Headteachers (NAHT), along with headteacher Barbara Middleton, had sought permission to lodge a legal challenge against the education watchdog’s report cards plan.
The High Court decision, delivered by Mr Justice Saini, found that Ofsted’s decision to adopt the new framework was taken “following detailed consultation conducted in a procedurally lawful manner”.
The sacking comes as Ofsted prepares to implement the new report card system on November 10, rescinding one-word judgments against schools earlier this year.
Lawyers representing the union and Ms Middleton argued that Ofsted’s previous consultation had “ruled out” the use of “solely narrative-based decisions” for schools.
They also argued that the new framework did not adequately consider the impact on staff wellbeing.
Responding to the decision, NAHT general secretary Paul Whiteman expressed disappointment. He confirmed that the union would now continue to consult its members on industrial action following the court’s decision.
He said: “Today’s decision does not diminish our valid and reasonable concerns about the harm that new report cards will cause to the mental health and wellbeing of school leaders and staff.
“This is an acute and fundamental health and safety issue recognized by an independent report by Ofsted itself, which has yet to be addressed.
“Both Ofsted and the Government have failed to address the real risk the new framework poses for school leaders.
“We will now consider an appeal and consult our members about industrial action.”
Ofsted has rescinded one-word judgments against schools following criticism of its inspection system following the death of headteacher Ruth Perry.
Miss Perry committed suicide after an Ofsted report downgraded the Berkshire primary school from its highest rating of “outstanding” to its lowest rating of “inadequate” due to safeguarding concerns.
It launched a consultation in February this year and announced the new report card scheme in September.
Under the programme, schools will be awarded one of five grades (urgent improvement, requires attention, expected standard, strong standard and exceptional) in each of six areas, with justification provided for each grade.
Inspections will be paused from 1 September to give training providers time to prepare for the new framework, and will be given a pass or fail grade in relation to safeguarding.
A poll by YouGov found that almost seven in 10 parents surveyed preferred the new-look report cards over current Ofsted inspection reports.
In court on Monday, Hugh Southey KC and Ms Middleton, for NAHT, said Ofsted’s consultation had “at least a forethought” and that the watchdog had “rejected” the “key option” of decisions based solely on narrative.
“All three of these unions believe that narrative-only decisions are the right way forward and the right way to protect prosperity,” the barrister said, noting that the National Education Union and the Association of School and College Leaders are backing the legal challenge.
Ofsted’s Sir James Eadie KC said in written submissions that he “strongly disagreed” with the “weak” claim and told the court the new plan was a “significant improvement for health”.
He said: “Ofsted carefully considered the welfare and workload implications of the five-point scale, the relative merits of the narrative approach and other rating schemes, including welfare grounds, and the reforms required to reduce workload and promote wellbeing generally.”
In the judgment, Mr Justice Saini said: “It is Ofsted’s responsibility to decide how to carry out its inspections most effectively, in its expert opinion, whilst taking into account the risk to the welfare of teaching staff and leaders.”
He continued: “The evidence satisfies me that Ofsted’s conclusions that the rating plus narrative approach best balanced the different interests at play were reached after a detailed consultation conducted in a procedurally lawful manner and after a careful consideration of the various views expressed to it, including consideration of welfare issues.”
Sir Martyn Oliver, chief inspector of Ofsted, said after the decision that he was “delighted” with the outcome and that the changes would help “raise standards of education for everyone”.
He said: “I trust that headteachers will understand that the changes are fair, that inspection has fully taken into account the welfare of staff and that the whole experience has been collaborative and constructive.”
