A high-profile school has lost a legal bid to keep secret an ‘unfair’ Ofsted report where it was downgraded from ‘outstanding’ over wrongly recording suspensions. Thomas Telford School, in Telford, was knocked down to 鈥榞ood鈥 over the way in which 鈥渃ooling off periods鈥 for pupils were documented, a court heard on Monday. The lead inspector had initially accused the school of 鈥渁cting illegally鈥 or 鈥済aming the system鈥 over how it recorded absences, the school鈥檚 counsel Russell Holland said. However, as Thomas Telford is a City Technology College 鈥 statutory guidance on exclusions and suspensions did not apply to the school, the court heard. CTCs were the forerunner of academies in the 1990s, where private companies were encouraged to invest and help set up schools. Just two remain. Holland added the lead inspector planned to rate the school 鈥榠nadequate鈥. But after it was pointed out did not apply, the inspector took advice from Ofsted and decided the school was not acting unlawfully. In the final report, the school鈥檚 leadership and management is rated 鈥榞ood鈥, with all other areas remaining 鈥榦utstanding鈥. Its bid for an interim injunction to stop publication of the report while it pursues a judicial review was turned down at Birmingham Administrative Court. The report, following the inspection in early December, is now set to be published this week. School doesn’t believe in ‘labelling pupils’ While inspectors revised initial conclusions on the practices, inspectors reached their final decision to downgrade the school partly on the basis of how attendance codes were used. The school recorded 鈥渃ooling off periods鈥 as a leave of absence, as opposed to suspensions. Code C, which was used by the school, is defined as a leave of absence granted by the school 鈥渙nly in exceptional circumstances鈥, such as where they are participating in a performance or pregnant. Judge Worster, presiding over the case, said that in his witness statement, the school鈥檚 head Sir Kevin Satchwell, argued the school did not believe in 鈥渓abelling pupils鈥 with suspensions. Instead, it sought to give pupils who had 鈥渂ehaved badly the opportunity to reflect upon their behaviour鈥. During this period, pupils remain at home with schoolwork or 鈥済o to another facility鈥. But Ofsted argued this contradicted on school attendance, which advises schools to regularly review attendance data and urges governing bodies to challenge 鈥渃urrent trends鈥 in attendance. Using leave of absence codes did not 鈥渆nable鈥 schools to 鈥渕ake a distinction between someone who has been excluded for a temporary period鈥nd someone who has not been at school because they鈥檙e participating in a performance, or because they鈥檙e pregnant,鈥 said Toby Fisher, defending. The school also challenged the 鈥減rocedural fairness鈥 of the inspection. Satchwell, one of the country鈥檚 best-paid chief executives earning 拢290,000, said there wasn鈥檛 a discussion with the inspection team around why its judgment for leadership and management had been reached, the court heard. 鈥淭hey haven鈥檛 had a fair inspection and therefore the remedy they are seeking is that this needs to be done again properly with someone who does understand the correct legal position,鈥 said Holland. He added that this would include concerns being addressed 鈥渋n the usual way鈥. Revised report had ‘softened tone’ Some aspects of a formal complaint to Ofsted about the judgment were upheld, with a 鈥渄egree of acceptance鈥 on the part of the watchdog that there 鈥渃ould have been some further discussion or consultation鈥 about how it was reached, said Judge Worster. A 鈥渞evised鈥 report had 鈥渟oftened the tone鈥 of what was said in regards to leadership and management. Fisher said there was 鈥渘o dispute鈥 that by the end of the complaints process Ofsted was 鈥渆ntirely clear that exclusions guidance did not apply鈥 and it should not 鈥渉ave been suggested鈥 the school was acting illegally. 鈥淭hat was not the basis on which鈥 the judgements have been reached.鈥 However inspectors’ conclusions were 鈥渘ot solely鈥 based on attendance codes, the judge said. In the evidence base for the findings, they also said governors did not have 鈥渙versight鈥 of the processes around pupils being sent home for poor behaviour. They were also unaware of the 鈥渋ndications鈥 in attendance registers, and did not demonstrate a 鈥渟ound understanding鈥 of the schools records on the number of pupils being sanctioned for behaviour. But Holland said Ofsted had 鈥渄eclined鈥 to comment on a complaint about the conduct of the inspector. He added that Thomas Telford had a 鈥渟trong prima facie case鈥 and the report would lead to 鈥渞eputational harm鈥. Given that delay was 鈥渂uilt into鈥 the Ofsted inspection system 鈥 because reports are not published until complaints processes are over 鈥 an 鈥渁dditional鈥 delay to publication would not 鈥渉arm the public interest鈥. Ofsted report is ‘glowing’ In the hearing, which was only to determine the outcome of the interim injunction application, Judge Worster said he had 鈥渟ympathy鈥 for the school but was 鈥渘ot persuaded鈥 its case could be described 鈥渁s a strong prima facie case鈥. He said a case preventing the report of Ofsted inspections would need to present 鈥渟omething so powerful as would outweigh the public interest鈥 in its findings. 鈥淚鈥檝e reached the clear view that it鈥檚 not the sort of case where there should be an interim injunction,鈥 he added. He added that while staff and parents would be 鈥渄eeply disappointed鈥 with the overall outcome, 鈥渋t鈥檚 hoped that anybody reading that report will go beyond the headline and see that what sits behind that is鈥 a glowing report鈥. The report, he told the court, was 鈥減eppered鈥 with references about how good the school was. The application for permission to proceed with a judicial review has yet to be heard. 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. While leading a single-school trust, Satchwell does also oversee the five-school Thomas Telford Multi-Academy Trust as an 鈥渆xecutive adviser鈥 without extra pay. The Thomas Telford School has previously topped national GCSE league tables. Schools Week reported the City of London-backed school in 2021 had the highest reserves of any academy trust, at nearly 拢10 million, and made hundreds of thousands of pounds each year in investments.