A London-based apprenticeship provider has raised questions of “deep-seated” biases at Ofsted after being judged ‘inadequate’ following an inspection during Ramadan.
The London Academy for Applied Technology (LAAT), based in Tower Hamlets, has lodged a complaint claiming the grading of its first ever full inspection was “fundamentally flawed, inaccurate, and unfair”.
The watchdog’s report, published this week, judged the provider as ‘inadequate’ in three out of five areas. Inspectors claimed apprentices were waiting months to be registered for their final assessments, including English and maths, were studying at the wrong levels, and leaders were “too slow” to make improvements.
Bosses at LAAT escalated the row to the Independent Complaints Adjudication Service for Ofsted, which reviews alleged failures to follow complaints procedures, inspector conduct and concerns of the inspection process.
Raghav Malhotra, LAAT’s operations director, accused Ofsted of “failing to accommodate” staff and learners’ religious commitments as the inspection was conducted during Ramadan in March, impacting staff’s ability to “fully engage” with the inspection.
He said 90 per cent of the provider’s provision serves ethnic minority apprentices.
Malhotra told FE Week: “It is increasingly difficult not to wonder if there is some form of bias at play here. How else can you explain the allocation of four white inspectors to a diverse provider like LAAT?”
His provider’s “treatment” by Ofsted makes him question if “racial dynamics played any part in how our inspection was handled”, he said.
Malhotra added: “Ofsted talks about inclusivity, but the way in which our case has been handled suggests there are deep-seated biases in play, particularly when it comes to providers like us – who serve largely ethnic minority communities and offer opportunities for growth in diverse sectors.”
Ofsted told FE Week it completely refuted any claim of discrimination, adding that the watchdog does not comment on individual inspections.
Malhotra said LAAT “immediately” submitted a formal complaint when it received Ofsted’s draft report in late April “in the hope of having the issues fairly addressed”.
“We provided evidence and clear arguments demonstrating the errors in the draft report, yet the outcome letter we received on June 3 was even more negative and dismissive than the original report,” he added.
Private providers judged ‘inadequate’ by Ofsted are usually sanctioned by the Department for Education, which can include contract termination. Malhotra said the DfE had not yet contacted LAAT.
‘Why us?’
LAAT began delivering apprenticeships three years ago and was fully inspected for the first time from March 25 to 27. Ofsted’s report stated that the majority of the provider’s 119 apprentices were studying level 2 commis chef and level 2 production chef and the minority were on early years and adult care apprenticeships.
Malhotra said there were “severe” factual errors in the report, including the calculation of 119 apprentices.
“In reality, we had 59 active apprentices, with the rest already in gateway and end point assessment (EPA) stages,” he claimed.
Ofsted’s report noted that “many apprentices” need to gain English and maths qualifications as they have not studied in England before, adding that most do achieve but “not always” in the time expected.
Inspectors praised trainers for helping apprentices “fill the gaps in their knowledge of these subjects and teach English and mathematics effectively”, but also said trainers “do not correct errors in apprentices’ written English”, adding that the “quality of written work for many apprentices is not of an appropriate standard”.
Ofsted’s report also claimed that LAAT apprentices were not on “appropriate” apprenticeships for their level of prior expertise and trainers did not consider what apprentices already knew.
Although a new apprenticeship director and quality manager were recently appointed, the report found leaders were “too slow” to act and did not have “effective” oversight on the quality of training.
Malhotra said Ofsted put forward four recommendations for improvement that were already identified and being “actively worked on” by LAAT, but that none of them justify a grade of ‘inadequate’.
Malhotra added that LAAT paused new apprenticeship starts in November to “focus” on the quality of provision for current learners.
“This is an example of us being proactive and committed to quality, yet it seems this was not adequately considered in Ofsted’s final grading,” he said.
Malhotra added he was puzzled why inspectors did not reference the “strong” performance indicators LAAT achieved in the Apprenticeship Accountability Framework, which he claimed was “green in all areas except for the achievement rate”.
He also claimed “astounding” contradictions in the report, which revealed most apprentices regard their teachers highly and said their training was “helpful”. Inspectors also praised trainers for giving “useful” advice for managing sleep and work whilst fasting during Ramadan.
“Yet, despite this, Ofsted rates us as ‘inadequate’. This makes no sense and is fundamentally contradictory,” he said.
“The question we are forced to ask is why us? Are we being targeted because we raised our voice against Ofsted’s unfair and inaccurate assessment? Or is it because we are a minority-led provider with 90 per cent of our provision serving ethnic minority apprentices?”
Sorry, let’s not make excuses; it should not matter when inspection happens. Religious observance does not hamper performance, it should enhance, unless I’m missing something.
Here we go! another comment based on uneducated assumptions, especially when we are in education. Try fasting for 30
Days then you would understand the mental pressures you go through.
All Ofsted inspections are done randomly with either no or little warning to the learning establishment. The report highlights long running issues not just those discovered during Ramadan. As for the claim of racism it seems that the only racists is Malhotra complaining about white inspectors
If you can’t provide an appropriate quality of education while fasting, then you either shouldn’t be fasting or shouldn’t be in education. Your service to the children has to come first.
If we say it is OK for standards and quality of provision to slip because of religious fasting, then what we are also saying is that it is OK for Muslim children and children in Muslim majority areas to recieve a lower standard of education to accommodate staff. That’s just not on.
The priority should be finding organisational and flexible working strategies to support staff to be better even while fasting, not trying to change the assessment system to facilitate your inadequacy.
If the provider did not want to be assessed during Ramadan it could have listed this as times that the provider is not available for inspection – Ofted ask for these dates. However, the provider should be able to be inspected during Ramadan (or any other religious event). Having completed my assessor training with a woman who was was observing Ramadan I understand the difficulties she faced, but with a multi-cultural staff she was able to work flexibly at this time. If the majority of staff were observing Ramadan was the service compromised? If so it is a suitable rating and they should consider if they need a more diverse staff base in order that the service is not compromised at certain time of the year.
It seems from this article that the failings weren’t due to Ramadan and what they saw in the inspection window, but a wider concern such as not achieving English is the expected time frames and that apprentices weren’t on the right apprenticeships and hadn’t accounted for prior knowledge.
Your first comment is spot on Freja. Ofsted give you the opportunity to block weeks when you are unavailable for inspection. You can also give information in your SAR to inform inspectors ahead of time. These learners should expect good training and assessment and the numbers of apprentices at the time of inspection comes from the provider and is then agreed with Ofsted.