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 鈥榠nadequate鈥 grade, including the watchdog鈥檚 鈥渓imiting judgments鈥. A school is rated 鈥榠nadequate鈥 overall if safeguarding is found to be ineffective 鈥 as at . 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 鈥渟ubstantial costs鈥 of pursuing the case. It comes as Fair Judgement 鈥 a group of headteachers fronted by former Ofsted inspector John Bald 鈥 has than 拢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 鈥渕anifestly unfair鈥 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鈥 union, which announced in March that it was taking the first steps towards a judicial review against Ofsted. It follows the watchdog鈥檚 refusal to heed the union鈥檚 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 鈥減utting the finishing touches to a legal challenge鈥. 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that 22 judicial reviews have been taken against Ofsted since 2007, although few made it to court before action was withdrawn or settled.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鈥檚 formal complaint to the watchdog, Sarah Jarman, the school鈥檚 head, said its inspection in October 2022 鈥渟hattered every piece of self-belief I have鈥. The school wants an internal review over the way Ofsted has handled its complaint 鈥 which is stage three of the inspectorate鈥檚 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 鈥渋nadvertently removed鈥. But the school is separately seeking the judicial review 鈥渨ith the expectation that Ofsted will most likely say to us 鈥榯here鈥檚 nothing wrong with this inspection鈥,鈥 Jarman told Schools Week. 鈥淚n our experience, Ofsted has been such a shut shop that there seems to be no openness and transparency.鈥 Gerard Clarke, a dispute resolution lawyer who represented Durand Academy in its High Court challenge over an 鈥榠nadequate鈥 rating, said there were 鈥渁 number of problems鈥 for those seeking action against the watchdog. 鈥淥ften schools do not have the funds to litigate and they cannot take the risk of adverse cost orders being made against them,鈥 he said. 鈥淎nother factor [is that] the bar is set quite high in terms of challenging any decision of any public authority, particularly when you鈥檙e challenging what can be said to be the exercise of judgment.鈥 But he it was 鈥減ossible鈥 that more could seek action if they were able to raise funds. ‘Use your voice’ Calls for Ofsted reform have intensified after Mrs Perry鈥檚 death. Her family say she took her own life in January before the publication of an 鈥榠nadequate鈥 judgment at Caversham Primary School in Reading. Julia Waters, Mrs Perry鈥檚 sister, blamed pressure from the Ofsted process for her death and last week called on school leaders who worked as inspectors to 鈥渉and in your badges鈥. An inquest into the head鈥檚 death has not yet been held. Jarman said Perry鈥檚 death had 鈥渋nfluenced鈥 her to come forward and 鈥渟hare my feelings and my experience鈥. ‘Hand in your badges’: Ruth Perry’s sister urges heads not work as Ofsted inspectors She encouraged other leaders who 鈥渉ave felt they haven鈥檛 had a voice鈥 to 鈥渃ome forward and have that voice鈥. Bald said the grounds in the three proposed legal challenges against Ofsted were 鈥渆ssentially the same 鈥 that no reasonable person could think this is a fair way to inspect schools鈥. The complainants were currently 鈥渄iscussing to see what common ground there is for cooperation鈥. Fair Judgement said if it were 鈥渦nreasonable, impractical, or unnecessary to pursue legal action鈥 or if it had cash leftover, funds would be donated to a memorial to Perry at Caversham. Ofsted declined to comment.
Cathy Peacock 9 May 2023 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.