Ofsted’s new complaints process came into effect today and will apply to inspections carried out across all education settings.

The schools watchdog first consulted the sector on how it should overhaul its complaints process last year. This led to changes such as new guidance for inspectors to develop a professional dialogue during inspections and a helpline to enable leaders to contact Ofsted if they have concerns about inspectors’ conduct.

Now Ofsted has introduced the final two changes to its complaints system, having left many aspects of the process unchanged. Here’s everything that school leaders need to know about how to raise a complaint about an Ofsted inspection.

Who should you report a concern to during an Ofsted inspection?

Nothing has changed here. If a senior leader has concerns about an inspection during the visit, they should in the first instance raise the issue with inspectors during the on-site visit.

Ofsted says this is because it is keen to address concerns about its work as soon as issues arise on the inspection day.

How long do you have to raise a concern?

As mentioned above, school leaders are encouraged to speak to an inspector about any concerns on the day of the inspection.

However, as part of Ofsted’s changes to its complaints process, senior leaders can also now telephone Ofsted during an inspection or on the next working day to speak with a senior inspector about any unresolved issues.

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How can you make a formal complaint about the inspection?

If a concern is not resolved on-site or in a follow-up call the next working day, Ofsted’s complaints procedure remains the same, with school leaders able to raise a formal complaint using an online form.

As before, when a complaint about the behaviour of an inspector relates to safeguarding, school leaders should telephone Ofsted as soon as possible to speak with a senior inspector.

When can you raise a formal complaint about an inspection report?

Here is where one of the new key changes kicks in: school leaders now have five working days from when Ofsted sends its draft report to submit their formal complaint.

Before, leaders had to wait until the final report was received before they could make a complaint.

A draft report should be sent within 18 days of the end of an inspection.

Leaders can also request factual changes in any report at this point in the process.

What happens after a complaint has been made?

As with the previous complaints process, Ofsted will send the education setting a formal acknowledgement when it receives the complaint.

This will include information on when Ofsted will respond to the complaint and who to contact with queries.

An investigating officer will contact the school leader by telephone to discuss the concerns, which is another update to the process. The officer will discuss the scope of the complaint and decide the key aspects for investigation.

The officer will not normally accept further information about the complaint after this conversation has taken place. Ofsted also states that publication of the inspection report will be withheld while a complaint is considered.

How long will an inspection report be delayed by a complaint?

In line with its previous complaints process, Ofsted says it will respond to any formal complaint within 30 working days and before it sends its final report.

Once a decision has been reached and the education setting has been notified of the outcome, the final report is then sent to the school and it is expected to appear around five days later on the Ofsted website.

The diagram below from Ofsted sets out the new process.

What if you’re not happy with Ofsted’s response?

Here we get to another major change in the process: if school leaders are not satisfied with Ofsted’s response to their complaint, leaders can now directly escalate it to the Independent Complaints Adjudication Service for Ofsted (ICASO), which will review Ofsted’s handling of the complaint.

Previously, Ofsted would review its handling of the complaint internally, but this step has now been removed.

Leaders must refer any case to the ICASO within three months of the date of the formal complaint response letter.

While ICASO cannot change or challenge the outcome of an inspection report as a result of a complaint that it investigates, it can make recommendations to Ofsted about the handling of the complaint.

Has anything else changed?

As well as making these changes to its complaints process, Ofsted has also updated the length of time that an inspection can be paused for to 15 days for certain settings. These settings include initial teacher training providers, Early Career Framework and National Professional Qualification providers, and further education and skills settings.

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