Ofsted to pilot independent complaint reviews – but not for FE

Further education and skills providers have been excluded from a new independent complaint review service set to be launched by Ofsted.

A pilot, announced today, will allow state-funded schools inspected during the 2026-27 academic year to request an independent review of how the watchdog handled their complaint and – for the first time – whether the outcome was fair and reasonable, including where it related to the inspection process and findings.

It could even lead to a full re-inspection if the independent reviewer sides with the complainant.

But the service will not initially be available to FE colleges, independent training providers or other post-16 education and skills providers.

Ofsted said the pilot would be evaluated before a decision was made on whether to implement it permanently and extend the arrangements to other remits the watchdog inspects. It did not set out a timetable for any wider rollout.

Chief inspector Sir Martyn Oliver announced the new independent complaint service today at the Confederation of School Trusts conference, following a difficult week in which three school and college unions have called for a change in the inspectorate’s leadership.

Kerry Boffey, chief executive of the Fellowship of Inspection Nominees (FIN), said the watchdog was wrong to only pilot the independent complaint service in schools.

“While the new scorecard methodology and the impact of increased pressure of the secure fit model of inspection are under scrutiny, the independent complaints should apply to FE and Skills at the same time,” she told FE Week.

“FIN actively encourages members, where they have concerns or issues about how the inspection is being conducted, to raise these during inspection; nominees are encouraged to challenge with confidence on the actual visit. However, where this is not successful, the opportunity for an independent complaint appeal must be open to all.”

Unredacted inspection evidence to be examined

The new service marks the latest in a series of changes to Ofsted’s complaints process since 2023, following calls for greater external oversight of inspection decisions.

In the wake of headteacher Ruth Perry’s death, and a coroner’s ruling an Ofsted inspection had contributed to her death, now-chair Christine Gilbert carried out an independent review for Ofsted.

Among 14 recommendations Gilbert made in September 2024 was that Ofsted “should continue to improve its complaints procedure, with a focus on embedding an element of independent external oversight with the power to reopen inspection judgements”.

Under the existing arrangements, education providers can ask the Independent Complaints Adjudication Service for Ofsted (ICASO) to review whether their complaint was handled properly. However, it cannot consider whether the outcome was fair and reasonable.

The new independent complaints review service will be able to examine the original, unredacted inspection evidence, as well as the complaint and Ofsted’s response.

It will be able to recommend that Ofsted reconsiders a complaint if it finds mistakes or concludes that the watchdog has not acted fairly and reasonably. Where a recommendation relates to an inspection grade, the chief inspector can set aside the published report card and arrange a new inspection.

This could lead to the same, or different, grades being awarded.

Oliver said he was “confident” that the current quality assurance and complaints processes are “robust enough to put things right in the vast majority of cases when schools have concerns about an inspection”.

But, he added, “I am fully aware that this confidence is not shared by everyone in the education sector.

“I hope that by adding a new level of independent oversight to our complaints process we will further increase trust in the system.”

Ofsted said the pilot would run throughout the 2026-27 academic year and would include ongoing complaints about school inspections raised during the current term.

The reviewing organisation will be a “full member of the Ombudsman Association and must operate strictly in compliance with their high standards for case handling and impartiality”.