Introduction
What Ofsted inspects
The NASUWT’s position
Action
Further information

Introduction

The Education Inspection Framework (EIF) covers maintained schools and academies, non-association independent schools, further education (FE) and skills providers, and registered early years settings.

This guidance sets out the main features of graded and ungraded inspections of schools carried out under Section 5 and Section 8 of the Education Act 2005.

Inspections conducted under section 5 of the Education Act are referred to as graded inspections. Routine inspections of schools under section 8 of the Education Act are referred to as ungraded inspections.

See our advice on our Frequently Asked Questions page for further information relating to inspection.

What Ofsted inspects

Teacher workload and wellbeing

In graded inspections, inspectors are required to evaluate all areas set out in the School Inspection Handbook (SIH).

In ungraded inspections, the SIH states that inspectors are expected to consider staff wellbeing including their workload as part of the inspection of leadership and management. [1] They should evaluate:

• the extent to which leaders engage with staff and area aware of and take account of the main pressures on them, engaging realistically and constructively; [2]

• the extent to which staff are free from bullying and harassment; [3]

• whether leaders and others consider the limitations of assessment and use it in a way that will avoid unnecessary burdens; [4]

• how staff are supported and the steps taken to remove the risk of additional workload; [5]

In ungraded inspections, if the lead inspector has serious concerns about workload, or the bullying and harassment of staff, the inspection will be deemed to be a graded inspection. [6]

Key inspection judgements

From September 2024, inspections of state-funded schools will no longer include a judgement of overall effectiveness. Inspectors will continue to make judgements about: quality of education; personal development; behaviour and attitudes; and leadership and management.

In graded inspections, inspectors will make graded judgements about each of the the four key areas. They will also judge whether safeguarding is effective.

In ungraded inspections, inspectors will judge whether safeguarding is effective. In an ungraded inspection, if inspectors judge that the quality of provision has changed (improved or declined), the next inspection is likely to be a graded inspection

If there are serious concerns about the quality of education, behaviour, potential gaming or safeguarding, an ungraded inspection may be deemed to be a graded inspection and the school inspected usually within 48 hours. [7]

‘Quality of education’ and inspecting the curriculum

When evaluating the quality of education, inspectors will pay particular attention to the curriculum. They will focus on intent (what is intended to be learned), implementation (how well the curriculum is taught and assessed) and learner outcomes (impact).

Inspectors will look for evidence that the curriculum

• is coherent and well sequenced;

• remains broad for as long as possible, including when delivered remotely;

• is not reduced for pupils with special educational needs and/or disabilities (SEND).

Inspectors should recognise and credit radically different approaches to the curriculum. Leaders should be able to show that the curriculum has been carefully thought about, with appropriate coverage, content, structures and sequencing and is implemented effectively.

Education providers should not do specific work to prepare for inspection.

Ofsted does not have a preferred model of remote teaching.

Internal progress and attainment data

Inspectors will only look at statutory national assessment and qualifications data during graded and ungraded inspections of schools.

• Inspectors will use 2022 outcomes cautiously and data for 2021/22 will only be used to inform discussion.

Inspectors will not look at internal progress and assessment data. However, they will be interested in the conclusions that schools draw from internal data and the actions that they take as a result.

Inspectors will evaluate how assessment is used to support teaching of the curriculum and not to substantially increase teachers’ workloads.

• Inspectors should evaluate whether leaders understand the limitations of assessment and do not assess in ways that create unnecessary burdens for staff or learners.

Schools choosing to use more than two or three data collection points a year should have clear reasoning for:

• what interpretations and actions are informed by the frequency of collection; and

• the time taken to set assessments, collate, analyse and interpret the data collected, and

• the time taken to then act on the findings. [8]

If a school’s system for data collection is disproportionate, inefficient or unsustainable for staff, inspectors will reflect this in their reporting of the school. [9]

• This reflects the recommendations of the Teacher Workload Advisory Group report, Making data work.

Inspecting behaviour and attitudes

Inspectors will consider how leaders, teachers and practitioners create a safe, clam, orderly and positive environment in the school and the impact this has on the behaviour and attitudes of pupils. [10] They will give special considerations to pupil attendance, pupils who have specific needs including pupils who have SEND, pupils not in school during inspection, behaviour, suspensions and exclusions.

Inspectors will consider whether incidents of bullying and harassment of learners and staff are dealt with swiftly and effectively ensuring that they are not allowed to spread. [11]

While inspectors will look for demonstrable improvement in attendance and behaviour, they should take account of the individual circumstances of the school. [12]

In ungraded inspections, inspectors may look at any aspect of behaviour and attitudes. This means that they could adopt some of the approaches undertakenas part of graded inspections. However, they are likely to pay particular attention to whether the school is doing all that it can reasonably do to achieve the highest possible attendance. [13]

In graded inspections, inspectors will hold discussions with groups of staff. This could include groups of staff who may be most likely to witness or experience harassment, bullying and/or poor behaviour, e.g. supply teachers, trainee teachers, Early Career Teachers (ECTs) and catering staff.

Inclusion, ‘gaming’ and ‘off-rolling’

In both graded and ungraded inspections, inspectors will look for evidence of gaming and off-rolling.

‘Gaming’ is where a school adopts practices that are not in the best interests of pupils, e.g. entering pupils for courses that are not in their best educational interests. Inspectors will look for evidence of gaming, including unusual patterns of examination entry.

‘Off-rolling’ is the practice of removing pupils from school without a formal permanent exclusion, or encouraging a parent to remove their child from the school roll, or keeping a pupil on the school roll but not allowing them to attend school. This is illegal.

In an ungraded inspection, an inspection is likely to convert to a graded inspection if the lead inspector has serious concerns about gaming or off-rolling. [14]

In graded inspections, where evidence of deliberate gaming is uncovered, behaviour and attitudes and leadership and management are likely to be judged inadequate. [15]

In a graded inspection, inspectors are likely to judge leadership and management to be ‘inadequate’ if off-rolling is taking place. [16]

Leadership and management

The judgement looks at how leaders and governors/trustees collectively ensure that the education that the school provides has a positive impact on all pupils. [17]

Inspectors will look at the work of leaders at all levels when making this judgement. [18]

Inspectors will look at

• the extent to which leaders engage with staff and take account of the main pressures on them;

• the extent to which staff are free from bullying and harassment;

• the extent to which leaders and other staff understand the limitations of assessment and use it in a way that will avoid creating unnecessary burdens; and

• how staff are supported and the steps taken to remove the risk of additional workload. [19]

In ungraded inspections, inspectors may focus on any of the factors set out in the grade descriptors for graded inspections. However, they will usually focus on

• leaders' actions to sustain or improve performance across all areas of the school's work since the last inspection;

• whether decisions are made in the best interests of children;

• the school's safeguarding culture and governors'/trustees understanding of and ability to carry out their role. [20]

In an ungraded inspection, if the lead inspector has serious concerns about workload, or the bullying and harassment of staff, the inspection will be deemed to be a graded inspection. [21]

Performance management in schools

Ofsted does not require schools to set teachers’ performance targets based on commercially produced predictions of pupil achievement, or any other data set, from which it would hold teachers to account. [22]

Ofsted does not require schools to include targets relating to the proportion of good or better teaching in headteacher objectives. [23]

Ofsted does not require schools to provide processes for the performance management arrangements for staff and school leaders [24], or anonymised lists of teachers meeting or not meeting performance thresholds for pay progression. [25]

Pre-inspection planning discussion

The lead inspector will have telephone/video conversations with the headteacher before the inspection. The first conversation will on practical and logistical arrangements.

The second conversation will be an educationally focused conversation about the school’s progress since the last inspection, including how Covid-19 has affected this. The lead inspector will use this conversation to plan and agree the inspection plan for day one. The conversation is likely to be around 90 minutes in length but could be longer.

Ofsted encourages the headteacher to have at least one other senior leader in both meetings.

Length of inspections

Graded and ungraded inspections of schools will normally last two days. However, an ungraded inspection of primary school or maintained nursery school with fewer than 150 pupils on roll will normally last for one day.

Time between inspections

The law usually requires a school to be inspected no more than five years from the end of the year in which it was last inspected. However, as a result of the Covid-19 pandemic, if a school’s last graded or ungraded inspection was before 4 may 2021, the legal maximum will be up to 7 years. [26]

The timing of a school’s next inspection will depend on a range of factors. Paragraphs 42 to 46 of the SIH set out the factors that determine when a school will next be inspected.

Paragraphs 53 to 57 of the SIH provide information as to whether the inspection is likely to be a graded on ungraded inspection.

Ofsted’s approach to inspection

There are three stages to the way that Ofsted inspects graded and ungraded inspections:

• top level view;

• collecting, connecting and considering the evidence; and

• bringing it all together.

The following focuses on this approach as it relates to inspecting the quality of education:

Top level view

Inspectors will speak to school leaders and those responsible for organising the content and sequencing of the curriculum (this is likely to be heads of departments, subject and curriculum leads) to get an overview of the vision for the curriculum and how it is designed and sequenced so that new knowledge and skills build on what has been taught before and enables pupils to work towards clearly defined end points.

Inspectors will look at published national data. They will not look at national data for 2020 and 2021. They will use 2022 data with caution.

Inspectors will not look at internal progress and attainment data. However, they may discuss how the school collects and uses such data.

Collecting, connecting and considering the evidence

In graded inspections, inspectors will undertake deep dives of subjects. In ungraded inspections, will inspect ‘areas of focus’.

Deep dives

Deep dives focus on specific subjects.

There are six elements to deep dives:

• discussion with senior leaders;

• discussion with curriculum leaders;

• discussion with pupils;

• discussion with teachers;

• scrutiny of pupils work; and

• visits to a connected sample of lessons.

While deep dives will usually involve all six elements, this is not always the case.

In graded inspections of secondary schools, inspectors will usually carry out four to six deep dives. In primary schools, the number of deep dives will depend on the size of the school.

In primary schools, inspectors will always undertake a deep dive of reading and deep dives of one or more foundation subjects. In the case of early reading, inspectors will pay particular attention to pupils who are reading below age-related expectations.

Areas of focus

In an ungraded inspection, inspectors will look at three or four areas of focus. Two of the areas of focus will relate to the quality of education and involve an examination of groups of subjects. These could be subject groups such as the arts or humanities, subjects that relate to a specific context (e.g. subjects that have had similar challenges in relation to pupil outcomes) or something else.

The other area(s) of focus may come from other elements of the inspection framework and so could cover areas under personal development, behaviour and attitudes or leadership and management.

The lead inspector will select the areas of focus following discussions with the headteacher. The inspector is likely to choose areas of focus based on things identified in the last inspection or things that leaders have been working on since the last inspection.

Inspectors have flexibility in the activities they use to examine the areas of focus. However, Ofsted has indicated that inspectors are likely to prioritise joint visits with leaders to lessons as this will enable them to better understand the leader’s rationale and approach. Inspectors will also speak to learners about their learning and experiences.

The other main difference between ‘area of focus’ inspections and deep dives is that inspectors are likely to speak to the subject leaders of the subjects in the area of focus as a group rather than individually. Ofsted says that it is adopting this approach because it provides helpful insights into decision making at different levels of leadership.

Inspectors will use the evidence to look for patterns. They will also use the evidence they gather to form hypotheses that they test as the inspection progresses. Inspectors should build in time throughout the inspection to reflect on the emerging findings.

Bringing it together

Ofsted will be looking to make judgements about each of the key four areas (quality of education, behaviour and attitudes, personal development, and leadership and management).\

Ofsted has made it clear that inspectors should be having conversations with leaders throughout the inspection. This should include providing leaders with feedback about their emerging thinking. This is intended to enable leaders to provide further evidence if they disagree with the emerging thinking. It should also mean that there should be no surprises.

Inspection judgements - graded inspections

Schools that receive a graded inspection will receive a grade for each of the quality of education, behaviour and attitudes, personal development and leadership and management.

Ofsted uses a four-point scale: Outstanding, Good, Requires Improvement, and Inadequate.

A school that has one or more judgements of ‘requires improvement’ but is not placed in a category of concern may be subject to monitoring by Ofsted. [27]

A school that receives an inadequate judgement in any of the four key judgements and/or if safeguarding is ineffective, will be placed in a category of concern and either be judged as having serious weaknesses or requiring special measures. [28]

Ofsted uses Section 44 of the Education Act 2005 to determine whether a school has serious weaknesses or should be placed in special measures. [29]

A school judged ‘inadequate’ will have serious weaknesses, ‘because it is performing significantly less well than it might in all circumstances be reasonably expected to perform’. [30]

A school will be judged as requiring special measures, ‘because it is failing to give its pupils an acceptable standard of education and the persons responsible for leading, managing or governing the school are not demonstrating the capacity to sure the necessary improvement in the school’. [31]

Inspection judgements - ungraded inspections

An ungraded inspection will result in one of the following outcomes:

• The school has taken effective action to maintain standards identified in the previous inspection.

• There is sufficient evidence to suggest that the school has improved significantly in all areas since the last inspection. If a graded inspection had taken place the grading for each area would be likely to be ‘outstanding’ in a graded inspection.

• Evidence gathered suggests that at least one area of the school’s work is not as strong as at the last inspection and if a graded inspection had taken place, that area would have been judged as requires improvement or inadequate.

• Evidence gathered suggests that the school may now be inadequate in one or more key judgement areas AND there are serious concerns about the quality of education, pupils’ behaviour or safeguarding.

  • In this instance, an ungraded inspection will usually be deemed a graded inspection within 48 hours.

Reports of ungraded inspections will not include grades for the quality of education, behaviour and attitudes, personal development or leadership and management. The report will report that safeguarding is effective.

Keeping leaders informed

The lead inspector will provide regular feedback to the headteacher (and/or appropriate alternative senior leader) throughout the inspection.

Ofsted says that as a minimum, inspectors should meet with the headteacher at the start, middle and end of each day. [32]

The meetings should be based on professional dialogue between inspectors and leaders. In those meetings, inspectors should alert the headteacher to any serious concerns and emerging evidence that a key or provision judgement is likely to be graded ‘requires improvement’ or ‘inadequate’.

Inspection reports

At the end of the final day of inspection, inspectors will meet with leaders to provide feedback about the key findings from the inspection. In the case of a graded inspection, this will include the provision grades awarded for each key judgement and any provision judgements. [33]

The draft inspection report will be moderated and quality assured before it is sent to the school. In most instances, the school will receive this within 18 working days of the end of the inspection. [34]

The school will have 5 working days to comment on the draft report. The school can highlight minor points relating to the clarity or factual accuracy of the report, or it can submit a formal complaint seeking a review of the inspection process. Unless the school submits a formal complaint, Ofsted will normally share the final report with the school within 30 working days of the end of the inspection. [35]

If the school has made a formal complaint, Ofsted will follow the complaint process and then finalise and send the report to the school. [36]

Complaints about inspection

If teachers or school leaders have a complaint about an inspection, including the way in which the inspection was carried out, then they should notify NASUWT immediately, outlining their concerns.

• Step 1 (informal) ​​​​Raise concerns with the lead inspector during the inspection. Concerns will be recorded in the inspection evidence. If the issue remains unresolved, ring Ofsted during the inspection or the day after inspection.

• Step 2 (formal complaint) A formal complaint must be done within five working days of receiving the draft inspection report. An investigating officer will contact the school to discuss the scope of the complaint. Ofsted will normally provide a written response to the formal complaint within 30 working days.

• Step 3 (complain to the Independent Adjudication Service for Ofsted (ICASO)) Complaints to ICASO must be made within three months of receiving the formal complaint response letter.

• Step 4 (complain to the Parliamentary and Health Service Ombudsman) If you are not satisfied with the outcome of the ICASO’s review, you can refer your concern to the Parliamentary and Health Service Ombudsman.

NASUWT’s position

As publicly funded institutions, it is right that schools and colleges are accountable. We consider an effective accountability system to be one that:

• enables teachers to teach more and test less;

• evaluates the quality of public education rather than simply measuring the performance of individual schools or colleges;

• is fit for purpose, secures public trust and confidence in education and greater parental and public engagement in and support for public education; and

• is driven by educational rather than political concerns.

Inspection forms one part of a school and provider accountability system that is high-stakes and punitive. As a result, inspection is likely to drive practice in many schools and colleges.

Many of the problems that members encounter arise because individual inspectors and leaders interpret the framework and guidance in ways that were not intended. We will continue to monitor inspections and practice in schools and colleges closely in order to identify and challenge issues robustly.

Action

Teachers, school leaders and NASUWT Representatives should follow the Ofsted complaints procedure if specific issues arise during inspection.

Teachers and school leaders should report concerns about inspection to us via our Ofsted Inspection Survey. We will use this information to identify issues and trends and will raise particular concerns with senior Ofsted officials.

Teachers and school leaders should contact their NASUWT Representative if they have concerns that their school is using inspection to justify implementing inappropriate policies and practices.

Further information

Ofsted, School Inspection Handbook.
Ofsted, School Monitoring Handbook.
Ofsted YouTube channel for videos and webinar recordings covering issues related to inspection.
Ofsted Education Blog for updates and issues relating to the inspection of schools, early years, and further education and skills.

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Footnotes
[1] School inspection handbook (SIH) paragraph 435 and paragraphs 387-391
[2] SIH, paragraph 440
[3] SIH, paragraph 441
[4] SIH paragraph 441
[5] SIH, paragraph 442
[6] SIH, paragraph 443
[7] SIH, paragraph 219
[8] SIH, paragraph 390
[9] SIH, paragraph 391
[10] SIH, paragraph 311
[11] SIH, paragraph 334
[12] SIH, paragraph 319
[13] SIH, paragraph 334
[14] SIH, paragraph 439
[15] SIH, paragraph 320 and paragraphs 422 and 423
[16] SIH, paragraphs 424 to 432
[17] SIH, paragraph 360
[18] SIH, paragraph 363
[19] SIH, paragraphs 440 to 442
[20] SIH, paragraph 434
[21] SIH, paragraph 443
[22] SIH, paragraph 33, eighth bullet point
[23] SIH, paragraph 33, seventeenth bullet point
[24] SIH, paragraph 33, fifth bullet point
[25] SIH, paragraph 33, fourth bullet point
[26] SIH, paragraph 38
[27] SIH, paragraph 189
[28] SIH, paragraph 190
[29] SIH, paragraph 169
[30] SIH, paragraph 193
[31] SIH, paragraph 194
[32] SIH, paragraph 136
[33] SIH, paragraph 165, additional information
[34] SIH, paragraph 176
[35] SIH, paragraph 177
[36] SIH, paragraph 178

 

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