Outdated Ofsted rule ‘inadequate’ for looked-after children

Clarity is “urgently needed” over how councils should select schools for children in care, with government guidance still referring to headline Ofsted grades more than a year after they were scrapped.

Current statutory guidance for councils states “schools judged by Ofsted to be ‘good’ or ‘outstanding’ should be prioritised when seeking a place for looked-after children in need of a new school”.

And “unless there are exceptional evidence-based reasons, looked-after children should never be placed in a school judged by Ofsted to be ‘inadequate’”.

However, headline Ofsted grades were scrapped by the government last September. Since then, inspection reports detail grades only for the up to six sub-judgment categories.

But government guidance has not been updated to reflect the change.

‘Clarity is urgently needed’

Lynn Perry, chief executive of Barnardo’s, said it was “important that, following reforms to Ofsted’s grading system, virtual school heads are able to continue identifying high-quality local providers who can provide children in care with the high-quality education that they need and deserve. Clarity is urgently needed”.

Munira Wilson, the Liberal Democrats’ education spokesperson, said it was “simply unacceptable that this crucial statutory guidance hasn’t been updated since the scrapping of headline grades.

“We cannot allow vulnerable children in care to be denied the high-quality education they are entitled to — simply because the government is failing to keep up with its own policy changes.

“The schools minister must give urgent clarity to make sure children in care get the best possible education – and aren’t hamstrung by bureaucratic failures.”

Guidance states that virtual school heads, the council officials responsible for promoting the educational achievements of looked-after children, are “responsible for supporting social workers to ensure timely provision of a suitable education placement for looked-after children”.

Decisions ‘not solely based on overall grade’

A spokesperson for the National Association of Virtual School Heads (NAVSH) said: “In practice, local authorities and virtual school heads continue to make placement decisions based on the spirit of the guidance – ensuring that every child in care attends a school that can best meet their needs.”

While Ofsted judgements “have always been an important factor, placement decisions have never been based solely on the overall grade”.

The association said it continued to “work closely” with the Department for Education to “shape future guidance”.

But councils also called for clarity. Some said they were relying on historic headline grades, while others are adapting their approaches and using their judgment.

Hampshire said it had adapted by “reviewing full Ofsted inspection reports, focusing on subcategory ratings and narrative detail to assess school suitability”.

It also avoided “placements in schools with serious concerns, even if no overall ‘inadequate’ grade is issued”.

Kent said the “core principle” that looked-after children should not be placed in failing schools “remains unchanged”.

“Where schools have been inspected under the new framework, KCC professionals will interrogate the full Ofsted reports to identify schools that are less likely to provide a high-quality education for looked-after children,” it said.

Upcoming reforms will confuse matters further

To complicate matters further, from November schools are due to be judged across up to eight inspection areas under new report card reforms.

Norfolk said that under the new framework, where judgments indicate something ‘needs attention’ or ‘urgent improvement’, “we will apply further scrutiny to ensure the setting can meet the child’s needs”.

Lancashire said it already used an “all-encompassing, holistic approach to placing looked-after children in schools.

“This includes consideration to Ofsted reports, a school’s capacity, the views of the learner and carers where appropriate, as well as availability of SEND places and feedback from consultations.”

Staffordshire said its policy was “currently under review”.

Virtual heads welcome Ofsted changes

Ofsted recently confirmed the reformed inspection framework that will come into effect next month. New inspection areas include inclusion, achievement and attendance and behaviour.

NAVSH said it welcomed “improvements Ofsted has made to its inspection framework, particularly the greater emphasis on inclusion and the experiences of all learners”.

They were “especially pleased that the new framework explicitly references a school’s support for looked-after children and children with a social worker”.

It added: “NAVSH has long advocated for this change, as regulatory acknowledgement of these cohorts can positively influence practice and refocus school priorities on the children and young people we are tasked to support.

“Our shared priority remains ensuring that children in care access the highest quality education and stability in their schooling.”

The DfE said it intended to publish updated statutory guidance for virtual school heads “in due course and will update [it] to reflect Ofsted’s updated education inspection framework.

In the meantime, the DfE it had “instructed them that following Ofsted’s removal of single headline grades, virtual school heads should continue to work in partnership with social workers and others, where appropriate, to secure timely school placements for looked-after children.

“In all instances, including those where the single headline grade has been removed, we would expect virtual school heads to use full Ofsted inspection reports to help make informed decisions about the suitability of an education setting.”