A union has been refused permission to launch a judicial review over new Ofsted report card inspections.
The National Association of Headteachers’ (NAHT) general secretary Paul Whiteman said they “will now consider an appeal and will be consulting our members on industrial action”.
The NAHT filed a claim for judicial review at the High Court in May, warning members feared the increase in the number of sub-judgements under new report cards “will only increase high-stakes accountability and pressure”.
The union opposed the report card proposals on legal grounds, “arguing that adequate consultation has not been conducted regarding the plan for a new five-point scale”.
Last month, the National Education Union and Association of School and College Leaders announced they were supporting NAHT’s action, and would provide witness statements.
But it was today confirmed the High Court has declined NAHT’s request.
‘Not matters for the High Court’
The Honourable Mr Justice Saini, filing his decision on Monday, said “the merits of Ofsted’s report card grading system” and “its approach to the well-being issues raised, are not matters for this court”.
He said a judicial review court must ensure a public body “acts in accordance with the standards of procedural fairness the law requires, including not predetermining the outcome before consultation”.
“In my judgment. There was no arguable error on these matters.”
Mr Justice Saini argued that “the true complaint in this case concerns matters of policy choice and system design”.
He added 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 well-being of teaching staff and leaders. The evidence does not persuade me that its approach to these risks involved any arguable public law error.”
‘Disappointing decision’
NAHT general secretary Paul Whiteman described the decision as “disappointing”, but added the 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 leaders and staff of the new report cards,” he added.
“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.”
Whiteman claimed Both Ofsted and the government “have failed to address the very real risk posed by the new framework to leaders”.
Ofsted chief inspector Sir Martyn Oliver (pictured) welcomed the High Court’s decision.
Ofsted had “consulted extensively” on its reforms, he added. New report card inspections are due to launch on November 10.
Oliver said report cards 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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