School leaders have warned they have been “left in limbo” over their legal responsibilities to their staff regarding Ofsted inspections following the inquest into the death of headteacher Ruth Perry.
The concerns have been raised after the announcement that the coroner at the inquest will be publishing a Regulation 28 report aimed at preventing future deaths.
Coroner Heidi Connor said at the conclusion of the inquest that an Ofsted inspection at Ms Perry’s school had “likely contributed” to her death.
‘Sector is on an unsure footing’
One multi-academy trust (MAT) leader, who asked to remain anonymous, told Tes that until this report is published, the sector is on an unsure footing about what the risks posed by Ofsted inspection are.
They said: “In terms of duty of care to our stuff, it’s incumbent on us to ensure that our workplace is safe. So the dilemma for us is, how far can we go in mitigating risk and putting controls in place in the event of Ofsted inspection?”
They added that leaders were “left in limbo” and are seeking legal advice on balancing the obligation to allow Ofsted on site and responsibilities under Section 44 of the Employment Rights Act to keep staff safe.
“That is the kind of situation that we are wrestling with at the moment, and it is not something I would ever have imagined that we would have to deal with,” the MAT leader continued.
Situation ‘creates dilemma for employers’
Geoff Barton, general secretary of the Association of School and College Leaders, said: “We can totally see why this situation creates a dilemma for employers. Frankly, it is uncharted territory and another reason why it would be prudent to pause inspections and take time to properly consider the implications.”
Caroline Derbyshire, chair of the Headteachers’ Roundtable group, and chief executive of the Saffron Academy Trust, which runs nine schools in Essex, said: “As a CEO of a trust, the idea that Ofsted could come in and could cause preventable harm to a colleague, that’s a very, very concerning thing.
“Other heads and CEOs that I know are wondering whether they need to do risk assessments around the schools and the stress that might be sitting on individuals before they allowed a team in.”
There have also been concerns expressed about the training offered to Ofsted’s full-time inspectors this week, as previously announced by the inspectorate.
Chief inspector Amanda Spielman said last week that Ofsted was developing training for all inspectors on “recognising and responding to visible signs of anxiety”.
Inspections delayed by a day
The inspectorate delayed inspections by a day this week, to “bring all our lead school inspectors together ahead of further school inspections”, Ms Spielman said in a statement.
The materials included in the training provided to inspectors have been circulated online and have attracted criticism. The session is understood to have been 90 minutes long.
Paul Whiteman, general secretary of the NAHT school leaders’ union, said: “It is abundantly clear that a single 90-minute training session on spotting signs of distress was never going to be anywhere near enough to begin to address the concerns that the profession, and indeed the coroner, have expressed when it comes to the impact of inspection.
“This is only one very tiny part of a much wider issue around culture and conduct. We need a more fundamental reset, both in the short and long term,” Mr Whiteman continued.
“There remain a wide range of questions about inspection following the coroner’s findings, some of which put school leaders in a difficult position. Until they are addressed, inspections should be paused,” he concluded.
What inspectors are being trained to look out for
This week’s training was designed to allow Ofsted to talk to inspectors about the issue of anxiety and what to do if a pause in inspection is needed.
Ofsted is also said to be developing more formal training for all inspectors on recognising and responding to visible signs of anxiety.
Matt Newman, a national officer for the FDA union, which represents Ofsted HMI, said: “Inspectors take the issue of wellbeing extremely seriously. Ofsted is developing a wider training programme for inspectors to cover recognising and responding to visible signs of anxiety.
“The FDA is actively engaging with Ofsted on this to ensure the training meets our members’ needs and offers them sufficient support in their role.”
Ofsted has been approached for comment.
