Back in March 2024, Ofsted announced the roll out of a consultation coined ‘The Big Listen’ in a bid to improve their role as an inspectorate and regulator. The Big Listen was proposed in Ofsted’s response to the Prevention of Future Deaths report following the inquest into Ruth Perry’s death in 2023. Ofsted’s aim is to review the opinions of those most impacted by their work, from social care professionals, education providers to children, parents, and carers alike.

This consultation is due to close on 31st May 2024. If you would like to take part in The Big Listen, please do so via the link here.

What areas will Ofsted explore?

Ofsted have made it clear that they want to improve. They have set out on a path to reform as a regulatory body, seeking to examine 4 key areas:

  • How inspections are reported on
  • The way in which inspections are carried out
  • The conduct of inspections and how the regulator works
  • The consequences of inspections

The purpose of The Big Listen is ambitious, with Ofsted wanting to be considered ‘world-class’ and accepting that in order to achieve this, they must first listen to scrutiny. Many education providers and care professionals believe Ofsted need to make necessary changes to improve the framework around inspections.

With The Big Listen drawing to a close at the end of this month, it is imperative that those who are impacted by Ofsted’s inspection process take part in the consultation and provide constructive feedback in the hope it will bring about welcome reform to the regulation of the education sector and the social care sector.

Where do we go from here?

It is clear from recent guidance published by Ofsted that they intend to improve the inspection process.

The death of Ruth Perry and the inquest following the tragedy raised concerns about the inspection process, and opened discussions as to what could be done to help mitigate stress and anxiety felt by providers and managers during inspections. Ofsted have introduced guidance on pausing inspections in instances where Ofsted see a person is upset or distressed.

It is worth noting that pausing inspections can only happen in ‘exceptional circumstances’ where the inspection cannot ‘reasonably proceed’. The length of the pause is determined on a case-by-case basis, however it is expected that in most circumstances the inspection will continue the next working day.

In April 2024, Ofsted implemented changes to their complaints process. For any complaints following an inspection that took place after 4 April 2024, the new process will be applicable. A step by step guide can be found here. Effectively there is an effort to resolve complaints at an earlier stage in an informal manner. The emphasis is on raising the concerns directly during the inspection with the individuals involved. Should resolution not be possible, there is an opportunity to telephone a senior inspector the next working day.

Should concerns remain after attempting to resolve the matter informally, a formal complaint can be raised once a draft report has been received.  Within five working days of the draft report being received, providers can submit either a response dealing with ‘minor points of clarity or factual accuracy’ or a formal complaint.  It remains unclear what is meant by ‘minor points of clarity or factual accuracy’ and Ofsted has yet to provide guidance on the issue. Ofsted have also stated that they will “not normally consider any complaint submitted after this deadline.”

Whilst The Big Listen is still ongoing, we await to hear Ofsted’s findings and any proposed changes the regulator might make once this consultation comes to an end. We are yet to know whether The Big Listen will prompt further change to Ofsted’s complaints procedure and wider reform of the regulator.

 

We are here to help

At Gordons Partnership we have an experienced team who have represented many providers through the Ofsted inspection process and know the many concerns providers have with the current process. We regularly assist providers with their responses to Ofsted enforcement actions, complaints, and factual accuracy reports. Given the time-sensitive nature and severe consequential impacts of Ofsted enforcement actions, we encourage providers to seek legal assistance as soon as possible.

If you have received an enforcement action letter from Ofsted and are seeking legal advice, please contact us on 01483 451 900 or email us at sols@gordonsols.co.uk. Our team would be happy to help.

 

About the Author

Grace

Grace Newlands

Trainee Solicitor