Ofsted

Schools turn to crowdfunding Ofsted challenges 

A Cambridge school lodges judicial review request over 'inadequate' rating amid anger following death of Ruth Perry

A Cambridge school lodges judicial review request over 'inadequate' rating amid anger following death of Ruth Perry

School leaders are turning to crowdfunding legal challenges against Ofsted amid heightened anger over the inspectorate following the death of headteacher Ruth Perry.

Queen Emma Primary School in Cambridge has lodged a request for a judicial review over an ‘inadequate’ grade, including the watchdog’s “limiting judgments”. 

A school is rated ‘inadequate’ overall if safeguarding is found to be ineffective – as at Queen Emma.

Schools have historically been put off from challenging Ofsted grades in the courts as it can be expensive and difficult to win.

While it has paid for legal advice from its own budget so far, Queen Emma will now launch a crowdfunder to cover the “substantial costs” of pursuing the case.

It comes as Fair Judgement – a group of headteachers fronted by former Ofsted inspector John Bald – has so far raised more than £44,000 for its own proposed legal challenge.

Lawyers at Irwin Mitchell are advising the group whether there are grounds to bring action against what it deems as a “manifestly unfair” school inspection framework.

It will also seek to challenge the apparent lack of time inspectors have to substantiate their evidence. 

Ofsted could potentially face a third case from the NAHT, the leaders’ union, which announced in March that it was taking the first steps towards a judicial review against Ofsted.

It follows the watchdog’s refusal to heed the union’s demand that inspections stop to allow a review of the risk to mental health of school staff in the wake of inspections. 

‘Shattered all belief’

At its annual conference last week, Paul Whiteman, its general secretary, said lawyers were “putting the finishing touches to a legal challenge”. 

Paul Whiteman, NAHT general secretary. He spoke about Ofsted school inspections at NAHT annual conference last week
Whiteman Credit Sarah Turton

It is understood that 22 judicial reviews have been taken against Ofsted since 2007, although few made it to court before action was withdrawn or settled. 

In an impact statement included in Queen Emma’s formal complaint to the watchdog, Sarah Jarman, the school’s head, said its inspection in October 2022 “shattered every piece of self-belief I have”. 

The school wants an internal review over the way Ofsted has handled its complaint – which is stage three of the inspectorate’s complaints procedure.

Queen Emma said an inspector took away confidential information about children. BBC News reported that it had seen a letter in which the watchdog apologised for information being “inadvertently removed”. 

But the school is separately seeking the judicial review “with the expectation that Ofsted will most likely say to us ‘there’s nothing wrong with this inspection’,” Jarman told Schools Week

“In our experience, Ofsted has been such a shut shop that there seems to be no openness and transparency.” 

Gerard Clarke, a dispute resolution lawyer who represented Durand Academy in its High Court challenge over an ‘inadequate’ rating, said there were “a number of problems” for those seeking action against the watchdog. 

“Often schools do not have the funds to litigate and they cannot take the risk of adverse cost orders being made against them,” he said. 

“Another factor [is that] the bar is set quite high in terms of challenging any decision of any public authority, particularly when you’re challenging what can be said to be the exercise of judgment.”

But he it was “possible” that more could seek action if they were able to raise funds. 

‘Use your voice’

Calls for Ofsted reform have intensified after Mrs Perry’s death. Her family say she took her own life in January before the publication of an ‘inadequate’ judgment at Caversham Primary School in Reading.

Julia Waters, Mrs Perry’s sister, blamed pressure from the Ofsted process for her death and last week called on school leaders who worked as inspectors to “hand in your badges”. An inquest into the head’s death has not yet been held.

Jarman said Perry’s death had “influenced” her to come forward and “share my feelings and my experience”.

She encouraged other leaders who “have felt they haven’t had a voice” to “come forward and have that voice”.

Bald said the grounds in the three proposed legal challenges against Ofsted were “essentially the same – that no reasonable person could think this is a fair way to inspect schools”.

The complainants were currently “discussing to see what common ground there is for cooperation”. 

Fair Judgement said if it were “unreasonable, impractical, or unnecessary to pursue legal action” or if it had cash leftover, funds would be donated to a memorial to Perry at Caversham.

Ofsted declined to comment.

Latest education roles from

IT Technician

IT Technician

Harris Academy Morden

Teacher of Geography

Teacher of Geography

Harris Academy Orpington

Lecturer/Assessor in Electrical

Lecturer/Assessor in Electrical

South Gloucestershire and Stroud College

Director of Management Information Systems (MIS)

Director of Management Information Systems (MIS)

South Gloucestershire and Stroud College

Exams Assistant

Exams Assistant

Richmond and Hillcroft Adult & Community College

Lecturer Electrical Installation

Lecturer Electrical Installation

Solihull College and University Centre

Sponsored posts

Sponsored post

Retirement planning and financial resilience – what do teachers need to think about?

Regional Manager, Oonagh Morrison, from Wesleyan Financial Services, discusses how financial resilience can impact retirement planning.

SWAdvertorial
Sponsored post

From Provision to Purpose: Making Internal AP Work for Every Pupil

Across England, a quiet transformation is underway. In schools up and down the country, leaders are reshaping how we...

SWAdvertorial
Sponsored post

Dream Big Day: Empowering Every Pupil to Imagine, Create, and Flourish

In today’s rapidly evolving world, educators face an immense challenge: How do we inspire young people to envision ambitious...

SWAdvertorial
Sponsored post

Reframing digital skills for the workforce of tomorrow

No longer just for those with a passion for technology: why digital skills matter

SWAdvertorial

More from this theme

Ofsted

Inspectors criticise Ofsted’s ‘ridiculous’ training regime

'It just creates the sense that everything is rushed'

Lydia Chantler-Hicks
Ofsted

Ofsted inspectors to get four days of online training ahead of new framework

'Underpinning skills programme' comes on top of planned in-person and live online training, and inspectors also expected to spend...

Lydia Chantler-Hicks
Ofsted

Missed inspection targets and 5 more findings from Ofsted’s annual report

Ofsted's staff are also less happy this year, and turnover rates remain above civil service targets, a new report...

Lydia Chantler-Hicks
Ofsted

Ofsted to introduce report cards on reduced inspection timetable

Inspections led by 'most senior' HMIs only when framework launches, and no school visits in last week before Christmas

Lydia Chantler-Hicks

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *

2 Comments

  1. Cathy Peacock

    We have been “expecting” an Ofsted visit since July 2022, as that’s where we were in the five visit year cycle.
    After weeks and weeks of preparation, Ofsted have failed to turn up each and every week and the stress and strain on our Headteacher, her SLT and the whole school has been immense and inexcusable. As a Local governing body we get to the Wednesday of each work and treat it as a “well its not this week” milestone – which after 9 months is just draining
    After watching the vary sad reports about Mrs Perry and about other schools there has to be another way….. how does the BMA assure itself about doctors and consultants standards, where they are literally taking life and death decisions everyday.
    I am not advocating against external scrutiny (in principle its a very good thing) but it should not be conducted in such an adverserial way that it impacts on good and great staff being able to stay in the profession, who do their best in very challenging circumstances day after day ( 2 years Covid lock down …. and still ongoing repercussions that are bound to last for another 3-5 years to name but one).
    I would support a Royal Commission taking place regards the future of Ofsted and its one word “judgement” with a reporting period of 12 months into Parliament and the Secretary of State for Education.