Head teachers' union loses High Court bid against Ofsted over new school report card system
Ofsted scrapped single-word judgments for schools in 2024 and unveiled the new report card scheme in September, which is due to come into effect on November 10
A head teachers’ union has lost a bid to bring a High Court legal challenge against Ofsted over the watchdog’s plan to grade schools through report cards.
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The National Association of Head Teachers (NAHT), along with head teacher Barbara Middleton, began legal action against Ofsted in May this year, claiming that the body failed to adequately consult on its plans to change the way schools are inspected.
Ofsted scrapped single-word judgments for schools in 2024 and unveiled the new report card scheme in September, which is due to come into effect on November 10.
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The new framework was announced following a consultation launched after criticism of the inspection system since the death of head teacher Ruth Perry.
Ms Perry took her own life after an Ofsted report downgraded her Berkshire primary school from its highest rating of “outstanding” to its lowest rating, “inadequate”, over safeguarding concerns.
At the High Court on Monday, barristers for the NAHT and Ms Middleton said that they should be allowed to proceed with a legal challenge over Ofsted’s consultation and decision to adopt the new framework.
They claimed the consultation "ruled out" the use of “narrative-only verdicts” on schools and failed to consider the impact of the new framework on staff wellbeing.
They also asked a judge to temporarily block the report card plans from coming into force, pending the full hearing of the challenge.
Lawyers for Ofsted said it was “vigorously opposed” to a delay in implementing the plans, telling the court that they were a “considerable upgrade in terms of wellbeing” and that the challenge “is on any view a weak claim”.
In a ruling, Mr Justice Saini dismissed the claim, finding that Ofsted had not made an “arguable error”.
He said: "It is for Ofsted to decide how to conduct its inspections in the way which, in its expert judgment, is most effective, while taking account of the risk to the wellbeing of teaching staff and leaders."