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Trusts urge DfE to launch independent schools regulator

CST adds voice to calls for independent body 'with same legal standing as Ofqual' and accountable to parliament
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The body representing England鈥檚 academy trusts has added its voice to calls for an independent schools regulator.

In a report published this morning, the Confederation of School Trusts said its vision would 鈥渆nsure independence, impartiality and transparency鈥 of decisions, with it having the same legal standing as Ofqual, the exams regulator.

CST adds voice to calls for independent schools regulator 'with same legal standing as Ofqual'
CST boss Leora Cruddas

It comes after former Department for Education adviser Tom Richmond put forward plans last month for a regulator to be handed intervention powers, finance and governance oversight, and the ability to close and open schools.  

is also urging the government to give regulation and commissioning responsibilities to such a body.

鈥淯nlike the current arrangements, regulation should be independent of the Department for Education. The government should establish an independent schools regulator with the same legal basis as Ofqual, with a chief regulator, accountable to Parliament,” the CST report stated.

鈥淭his would ensure independence, impartiality and transparency of regulation.鈥

Beware council conflicts

CST noted “there are some in the sector who are proposing that regulation and commissioning could or should be exercised locally, and in particular by” councils, instead.

But it believes such proposals are flawed as they would 鈥渄rive massive conflicts of interest into the system鈥. This is because councils 鈥渃annot exercise regulatory authority over other types of responsible bodies鈥, like trusts and dioceses.

It also said that such a system would 鈥渞esult in inconsistent and variable quality of provision鈥 between areas.

In today’s report, CST also told ministers to 鈥渃onsult on report card-style reports鈥 for Ofsted visits 鈥渢o replace the current system of graded judgements鈥.

Despite describing trust inspections as 鈥渋nevitable鈥, it noted the DfE should 鈥渃onsider carefully鈥 their purpose and underpinning evidence.

It suggested the checks could be carried out in cases where Ofsted has concerns for a particular trust, or as part of a rolling programme of visits to inform regulatory activity.

Adverse inspection results could even 鈥渢rigger statutory intervention in trusts鈥, it added.

‘Shift mindset to community accountability’

It also called on the government to “review the current approach to performance measures to ensure” they are “aligned to the broader intentions of the accountability framework and do not have unintended consequences or perverse incentives”.

The body argued that care is needed to make sure these metrics “work to support and recognise inclusivity”, with schools empowered “to make decisions that are in the best interests of all pupils”.

CST added that trusts 鈥渟hould be ever-more explicit and eloquent about their vision and the measures that will evidence [their] success鈥.

These will include 鈥渢he government鈥檚 performance measures but need not be constrained by them鈥, enabling a “shift in our mindset to being accountable to the people and communities we serve鈥.

As part of Richmond鈥檚 proposals for the sector, his proposed regulator 鈥 which he named the Office for Capability and Oversight in Education (OFCOE) 鈥 would hold public hearings and consultations on major decisions.

Regional directors currently hold meetings on academy decisions with their advisory boards behind closed doors.

Richmond said OFCOE would therefore be given many of the regulatory functions of regional directors and the Education and Skills Funding Agency.  

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