The National Association of Head Teachers (NAHT) is to consult members on the “possibility of moving to industrial action” after its bid to bring a legal challenge against Ofsted was thrown out.
Nearly 2,000 school leaders had voiced concerns over the body’s plans for a controversial new inspection framework – with an overwhelming number agreeing the union should consider options for industrial action should the proposals go ahead.
On Monday, Mr Justice Saini ruled NAHT would not be able to bring a legal challenge against Ofsted over the watchdog’s plan to grade schools through a report cards system.
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It comes after Ofsted scrapped single-word judgments last year following criticism after the death of head teacher Ruth Perry, who took her own life after her school was downgraded from “outstanding ” to “inadequate”.
A coroner concluded the Ofsted inspection in November 2022 “contributed” to her death. And the tragedy led to nationwide calls for reform to the country’s school inspection system.
Read more: Here’s what the new Ofsted report card could look like
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Schools are now set to be given one of five grades – urgent improvement, needs attention, expected standard, strong standard and exceptional – with reasoning provided for each grading.
Monday’s decision to dismiss the union’s bid to launch a High Court legal challenge comes despite NAHT saying Ofsted failed to properly consider the wellbeing of school staff in its new framework, alleging significant failures in the consultation process.
The revised framework is now expected to come into force from 10 November.
Commenting on the decision to deny permission for a judicial review, NAHT general secretary Paul Whiteman said: “It is disappointing that the decision today was made to decline our request for a judicial review, but this case was always being brought forward on a very narrow point of law relating to the validity of Ofsted’s consultation process for their new framework.
“The decision today doesn’t detract from our valid and reasonable concern about the damage to the mental health and wellbeing of school leaders and staff of the new report cards. This is an acute and basic health and safety issue recognised by an independent report commissioned by Ofsted itself, which has not been dealt with at all. Both Ofsted and the government have failed to address the very real risk posed by the new framework to school leaders.
“It is a fundamental responsibility of a trade union to protect its members. We will now consider an appeal and will be consulting our members on industrial action.”
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Sir Martyn Oliver, Ofsted’s chief inspector, welcomed the High Court ruling.
“I am pleased the court has refused to grant permission to the NAHT to proceed with its claim for judicial review.” he said. “We consulted extensively on our proposed improvements to inspections of schools, early years and further education providers earlier this year and now those inspections can begin this month, as planned.
“The changes will be better for parents, giving them more detailed and useful information about their child’s school, nursery or college. And, crucially, they will be better for children and older learners – helping to raise standards of education for all, particularly those who are disadvantaged or vulnerable.
“I have every confidence that headteachers will recognise the changes are fair, that inspection takes staff well-being fully into account, and that the whole experience is collaborative and constructive. We will continue to engage constructively with all representative bodies as we roll-out our reforms.”
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Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email [email protected] in the UK. Alternatively, you can call Mind’s support line on 0300 102 1234, or NHS on 111.
