Handbook for additional inspections of independent schools

Question 1

Introduction

Accepted Answer

1. All independent schools are inspected at the direction of the Department for Education (DfE), which is the registration authority for independent schools. Therefore, Ofsted may be commissioned to carry out an inspection of an independent school at any time.

2. This handbook sets out the main activities for carrying out ‘additional inspections’. These are inspections of non-association independent schools that occur outside of the normal inspection cycle. It sets out the purpose of each type of additional inspection and the legal basis for carrying them out. It explains the judgements that inspectors will make and on which they report.

3. This handbook also applies in the event that the DfE commissions Ofsted to carry out an additional inspection of an independent school that is normally inspected by the Independent Schools Inspectorate. See the ‘Memorandum of understanding between Ofsted and DfE: independent schools’.

4. Each part of this handbook covers one type of additional inspection.

5. The handbook is primarily a guide for inspectors on how to carry out additional inspections of independent schools (‘schools’). However, it is made available to schools and other organisations to ensure that they are informed about the process and procedures of inspection. It seeks to balance the need for consistency in inspections with the flexibility required to respond to the individual circumstances of each school. This handbook should be regarded not as a set of inflexible rules, but as an account of the procedures of inspection. Inspectors will exercise their professional judgement when they use this handbook. When applying the guidance in this handbook, inspectors will take appropriate action to comply with Ofsted’s duties under the Equality Act 2010.

6. This handbook does not cover normal cycle inspections (‘standard inspections’). The way in which these inspections are carried out is set out in the ‘Non-association independent school inspection handbook’. Guidance on inspections of possible unregistered schools is in the ’Unregistered school inspection handbook’.

Conduct during inspections

7. Ofsted’s code of conduct sets out our expectations for the conduct of our inspectors and our expectations of schools during inspection.

8. Inspectors will uphold the highest professional standards in their work. They will treat everyone they meet during inspections fairly and with the respect and sensitivity they deserve. Inspectors will work constructively with leaders and staff, demonstrating professionalism, courtesy, empathy and respect at all times.

9. Schools should approach their inspection with integrity and be open, transparent and honest. This includes providing evidence – or access to evidence – that will enable the inspectors to report honestly, fairly and reliably. It means not withholding or concealing evidence or providing false, misleading, inaccurate or incomplete information.

Schools raising concerns

10. If a school has any concerns about an inspection, including about inspectors’ conduct or any potential or perceived conflicts of interest, they should be raised at the earliest opportunity with the lead inspector. Concerns can be raised at any point during the inspection, including (but not limited to):

the inspection planning conversation for pre-registration inspections or the inspection planning conversation for material change inspections
meetings between leaders and inspectors
the final feedback meeting

11. Concerns will be taken seriously, and the act of raising the concern will not impact inspection findings or how a school is considered by Ofsted. If it is not possible to resolve concerns with the lead inspector, the school or responsible body should follow the steps set out in the handling concerns and complaints sections in this handbook.

Gathering personal information on inspection

12. Inspectors will gather any personal information necessary to assist them in inspecting a school. Our privacy policy sets out what personal information we collect, what we do with it, how long we keep it and individuals’ rights under data protection legislation.

13. Individuals and organisations are subject to legal requirements to provide Ofsted inspectors with access to information. Section 110 of The Education and Skills Act 2008 gives our inspectors a right to inspect and take copies of any records kept by the school, and any other documents containing information relating to the school that are required for the purposes of the inspection. These powers enable Ofsted’s inspectors to look at computers and other devices that may hold relevant information. Regulations enable the DfE to provide Ofsted with individual pupil information where it relates to school inspections.

14. Paragraph 32(1)(g) of the independent school standards requires proprietors to give any information that is reasonably requested in connection with an inspection under section 109 of The Education and Skills Act 2008, and is required for the purposes of the inspection, to the body conducting the inspection, and to give that body access to the school’s admission and attendance registers.

15. Inspectors gather evidence at inspections and record this on Ofsted’s systems. There may also be evidence that inspectors see on site that contains personal information about staff and young people, such as registers and lesson plans. Inspectors may take notes from, or copies of, this type of evidence before handing it back to an appropriate staff member at the end of the inspection. Any notes or copies will be stored as evidence securely, and not retained by inspectors personally. Our inspectors may take photographs of pupils’ work. These photographs will be stored securely as evidence, but will not be retained by the inspector personally.

16. In most schools, inspectors will gather evidence electronically using a range of devices, including laptops, mobile telephones and tablets. All evidence is securely transferred to Ofsted’s systems.

Question 2

Clarification for schools

Accepted Answer

Terminology

17. In this handbook:

the term ‘school’ refers to any type of provider registered with the Department for Education as an independent school
the term ‘leaders’ refers to the staff in a school who are responsible for making key decisions about how the school operates, for example on matters such as the curriculum or behaviour. It will always include the headteacher and the proprietor and will likely include their senior staff, but will otherwise vary from school to school, especially depending on its size. In most schools, it will include middle or subject leaders who have responsibility for individual subjects and/or aspects of the curriculum
the term ‘proprietor’ includes where the proprietor is an individual and where there is a proprietor body
the term ‘disadvantaged pupils’ is used to mean: pupils with special educational needs and/or disabilities (SEND); pupils who meet the definition of children in need of help and protection; pupils receiving statutory local authority support from a social worker; and pupils who otherwise meet the criteria used for deciding the school’s pupil premium funding (this includes pupils claiming free school meals at any point in the last 6 years, looked after children (children in local authority care) and/or children who left care through adoption or another formal route)
any reference to parents includes registered parents or carers
any reference to ‘report’ describes the formal written outcome of the inspection, which is usually published

Common misconceptions about inspection

18. The non-association independent school inspection handbook provides information to correct common misconceptions about inspection that can result in unnecessary workload for schools. The information applies to the inspections set out in this handbook for additional inspections of independent schools. It is intended to confirm our requirements and highlight specific practices that we do not require.

Question 3

Inspectors’ right of entry to inspect the school

Accepted Answer

19. Inspectors have right of entry for the purpose of inspecting the school. For pre-registration inspections, carried out under section 99 of the Education and Skills Act 2008 (the Act), and emergency and progress monitoring inspections, carried out under section 109(1) and (2) of the Act, these rights are as follows:

under section 110(1) of the Education and Skills Act 2008, inspectors have:

“(a) a right of entry to the premises of the institution for the purposes of the inspection, and

(b) a right to inspect and take copies of any records kept by the institution and any other documents containing information relating to the institution that are required for the purposes of the inspection.”

under section 110(5):

“It is an offence intentionally to obstruct a person in the exercise of the person’s functions in relation to the inspection.”

20. Material change inspections are carried out under section 162(4) of the Education Act 2002. The power of entry is set out in section 164:

Material change inspections are carried out under section 162(4) of the Education Act 2002. The power of entry is set out in section 164:

“(a) a right of entry to the premises, and

(b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.”

under section 164(7):

“It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.”

21. The National Care Standards Commission (Inspection of Schools and Colleges) Regulations 2002 set out Ofsted’s general powers to inspect boarding or residential provision in schools and colleges under the Children Act 1989. This document covers inspectors’ right of entry to boarding/residential provision in schools, and the inspection of premises, records and children.

Question 4

Carrying out an additional inspection as part of a standard inspection

Accepted Answer

22. The DfE may commission Ofsted to carry out an additional inspection as part of a standard inspection.^{[footnote 1]} It may commission Ofsted to consider a school’s application to make a material change to its registration, a school’s progress in implementing its action plan and in meeting unmet independent school standards, or issues raised by a complaint or other issue about a school, as part of a standard inspection. The DfE will request this in an inspection commissioning form (ICF).

23. Similarly, if the DfE commissions Ofsted to carry out an additional inspection and a standard inspection is already scheduled to take place in the same or next term, Ofsted may recommend to the DfE that the additional inspection be carried out as part of the standard inspection.

24. In both cases, the ‘additional matters’ will normally be considered as part of the standard inspection in a single inspection. Ofsted will typically report on the ‘additional matters’ to the DfE in the report for the standard inspection and complete one independent school standards compliance record. The report will clearly set out the legislative basis for both inspection types and the reason for the additional inspection. The report will be published on our reports website. However, there may be occasions – such as when a progress monitoring inspection is commissioned with a standard inspection – when the DfE asks us to write and publish 2 reports on our website.

Question 5

Carrying out 2 concurrent additional inspections

Accepted Answer

25. When the DfE commissions Ofsted to carry out 2 types of additional inspection at the same time, Ofsted will normally carry out a single inspection event. There will be one inspection report and one independent school standards compliance record that reports on both inspections. The report will clearly set out the legislative basis for both inspection types, and the reason the inspections were commissioned. The report will be published on our reports website.

A material change or emergency inspection may be carried out as part of a progress monitoring inspection
A material change inspection may be carried out as part of an emergency inspection

26. Similarly, if the DfE commissions Ofsted to carry out an additional inspection and another additional inspection is already scheduled, Ofsted will normally recommend to the DfE that a single inspection event takes place for both commissions. The principles in Carrying out 2 concurrent additional inspections of this handbook will apply.

27. This scenario does not apply to pre-registration inspections of proposed schools.

Concurrent inspections of schools with the same proprietor

28. When 2 or more schools with the same proprietor are inspected at the same time, the inspection teams may share evidence, where it is appropriate to do so. Inspectors can share:

key lines of enquiry that emerge during planning, when the issues are likely to affect both/all of the schools
findings with the inspectors in the other inspection team during the inspection

29. Inspectors will not rely solely on this shared evidence to make their judgements. Shared information must be followed up by inspectors’ own evidence gathering.

Question 6

Inspections of boarding and residential special schools

Accepted Answer

30. When the DfE commissions Ofsted to carry out the same type of additional inspection of a boarding/residential special school’s education and boarding/residential provision, we will carry out an integrated inspection, as set out in the relevant parts of this handbook.

31. When appropriate, we may carry out a full inspection of a boarding or residential special school’s boarding/residential provision at the same time as an additional inspection of the school. The DfE may also commission us to carry out one type of additional inspection of the school and a different type of additional inspection of the boarding/residential provision. In these cases, inspectors from both teams will still work closely together to plan the inspection activities, but the inspections will not be aligned or integrated. The inspections may finish at different times, and we will publish a separate report after each inspection. The inspectors may meet with key staff, such as the designated safeguarding lead in the school, the proprietor and governors, together. The 2 teams will discuss their findings throughout the inspections and will share inspection evidence where it is appropriate. Examples of when it is appropriate to share evidence include when assessing pupils’ attendance and looking at the strengths of the links between the day school and the children’s home provision, and if concerns are raised with inspectors about children’s welfare.

Inspections of schools that are registered as children’s homes

32. We may inspect education in a school that is also registered as a children’s home in a standalone inspection or at the same time as the full inspection of the children’s home. This is the case for children’s homes that are registered as independent schools and for residential special schools that offer residential provision for more than 295 days a year and therefore must be registered as a children’s home.

33. Where possible, we will carry out both inspections at the same time so that inspectors can work together. Inspectors from both teams will work closely together to plan the inspection activities. They may hold meetings with key staff, such as the designated safeguarding lead in the school, the proprietor and governors, together. The 2 teams will discuss their findings throughout the inspections and will share inspection evidence, where appropriate. Examples of when it is appropriate to share evidence include assessing pupils’ attendance, looking at the strengths of the links between the day school and the children’s home provision, and if concerns are raised with inspectors about children’s welfare.

34. In a standalone inspection of the education in a school that is also registered as a children’s home, inspectors must read the most recent education and children’s home reports on the preparation day. They must contact the lead social care regulatory inspector or their manager to find out about any current issues concerning children’s welfare that may affect aspects of the school inspection.

Question 7

Emergency and progress monitoring inspections of schools with no pupils on roll

Accepted Answer

35. This section does not apply to pre-registration inspections of proposed schools or material change inspections of registered schools.

36. In rare cases, the DfE may commission Ofsted to carry out an emergency or progress monitoring inspection of a registered school that has no pupils on roll at the time of the inspection. When this happens, the inspectors will carry out the inspection in line with this handbook, as much as is practicable.

37. As there are no pupils present, it is unlikely that inspectors will be able to gather sufficient evidence to judge the school’s compliance with all of the independent school standards.

38. Inspectors will gather as much evidence as possible in relation to the school’s compliance with the standards. They will not base judgements on whether standards are met on evidence relating to past pupils.

39. Inspectors will not base judgements on whether standards are met on a prediction of what might happen if the school were to admit pupils. For example, they will not judge whether standards are likely to be met.

40. As there are no pupils on roll, inspectors will not be able to make a judgement on whether the school meets the safeguarding requirements in paragraph 7 of the standards or on compliance with standards that require effective implementation of a policy on:

the curriculum (paragraph 2(1)(a))
behaviour (paragraph 9(b))
bullying (paragraph 10)
health and safety (paragraph 11)
first aid (paragraph 13)
risk assessment (paragraph 16(a))
complaints (paragraph 33)

41. It may also not be possible to check compliance with the requirements of the standards relating to:

curriculum policy, plans and schemes of work (paragraphs 2(1), 2(1)(b)(i), 2(1)(b)(ii), 2(2)(a), 2(2)(b), 2(2)(d) to 2(2)(d)(ii), 2(2)(h) and 2(2)(i))
relationships and sex education (paragraph 2A(1) to 2A(2), for example the requirement to consult parents on the policy
teaching 3(a) to (j)
spiritual, moral, social and cultural development of pupils (any of the paragraphs in part 2)
the other welfare, health and safety requirements in part 3

The inspection report and compliance record

42. If inspectors cannot gather enough evidence to judge whether standards are met because there are no pupils on roll, they will explain this in the inspection report. Inspectors will record ‘insufficient evidence’ against the relevant standards in the independent school standards compliance record.

43. Inspectors will also report if there is no evidence of pupils attending in the last 3 years or if the school has no plans to admit pupils in the next 12 months. This is so that the DfE can consider whether it has reasonable cause to believe that the school has ceased to be an independent educational institution and whether the DfE has no reasonable cause to believe that the institution will become an independent educational institution again within the following 12 months. Under these circumstances, the DfE may decide to remove the school from the register of independent schools under section 100 of the Education and Skills Act 2008.

Question 8

Schools requesting an inspection

Accepted Answer

44. Unlike other schools inspected under Ofsted’s education inspection framework (EIF), independent schools are not able to request an inspection. The normal inspection cycle for ‘standard inspections’ of independent schools is set out in the non-association independent school inspection handbook.

Question 9

Inspection fees

Accepted Answer

45. Schools are charged a fee for standard, pre-registration and progress monitoring inspections. The fees for pre-registration and progress monitoring inspections are set out in The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019.

46. For standard inspections, 2 sets of fees regulations are currently in force. Depending on the timing of their most recent standard inspection, schools are either:

still being charged under The Independent Educational Provision in England (Inspection Fees) and Independent School Standards (Amendment) Regulations 2018, which came into force on 1 April 2018, or
charged under The Independent Educational Provision in England (Inspection Fees and Savings Provisions) Regulations 2019, which came into force on 1 July 2019

47. An inspection fee will always be charged unless a deferral is granted in line with our deferral policy before the start of on-site inspection activity. If the inspection is rescheduled to take place at another time, a fee will be payable once the inspection has taken place.

48. Pre-registration inspections will not be deferred because a proposed school withdraws its application at or following notification. Pre-registration inspections will not proceed if, before we notify the proposed school of its inspection, we are notified by the DfE that the school’s application for registration has been withdrawn. The fee may still be payable in the event that a proposed school withdraws its application at or following notification, and the lead inspector has commenced off-site inspection activity to ascertain whether the proposed school is likely to meet any aspects of the independent school standards, as set out in the paragraph on off-site inspection activity. In these circumstances, Ofsted will publish an inspection report that reports these findings, which will be published in line with the arrangements set out in this handbook.

49. During the notification call, proposed schools will be asked about the progress of any building works and whether there are any issues preventing access to the site. Proposed schools may request deferral of inspection during the notification call. We will not normally defer a pre-registration inspection if the proposed school states that it is not ready for inspection, unless there are issues preventing access to the site and those issues were communicated to us during the notification call. Therefore, if inspectors arrive on site and are unable to undertake or complete the pre-registration inspection due to an inability to access the site, for example incomplete building works, the inspection fee may still be payable. The fee will be payable if the lead inspector has carried out inspection activity to assess whether the proposed school is likely to meet any aspects of the independent school standards, as set out in the paragraph on off-site inspection activity. In these circumstances, Ofsted will publish an inspection report that reports these findings, which will be published in line with the arrangements set out in this handbook.

Question 10

Using evidence from additional inspections

Accepted Answer

50. Ofsted may use the evidence that inspectors gather during additional inspections to inform other work, such as national reporting.

Question 11

Considering complaints as part of the inspection

Accepted Answer

51. The DfE is responsible for investigating complaints about independent schools. Ofsted does not investigate complaints about independent schools, but the DfE may commission Ofsted to carry out an emergency inspection or bring forward the school’s next standard inspection (or their first standard inspection following registration) as a result of a complaint. The DfE may also ask Ofsted to consider a complaint at the time of a school’s next scheduled inspection. Complaints may also form part of the information that inspectors review when they plan for any type of inspection.

52. If the DfE commissions Ofsted to carry out or bring forward an inspection as a result of a complaint, or to consider a complaint at the time of a school’s next scheduled inspection, inspectors will consider the wider issues raised by a complaint that are relevant to the commission or to the inspection framework. When inspectors consider the wider issues raised by a complaint, they will normally report whether the school meets the independent school standards (or national minimum standards) that are relevant to these issues.

53. The inspection report may reflect that the inspection was commissioned as a result of a complaint. However, reports will not refer to the substance of the complaint in case this identifies the complainant and/or any individuals in the school. If necessary, and when the DfE has specifically commissioned Ofsted to do so, Ofsted may use the independent school standards compliance record to confidentially share details relating to the complaint with the DfE.

Question 12

The role of an interpreter during inspection

Accepted Answer

54. On occasion, an interpreter may be present during an additional inspection. This will be decided on a case-by-case basis by the relevant regional Senior His Majesty’s Inspector (SHMI) for independent schools, when they review the DfE’s commission for the inspection.

55. Interpreters support inspections of schools that teach some or all of their curriculum in a language other than English. This ensures that inspectors are able to consider the school’s evidence for how its curriculum and overall education meet the requirements of the independent school standards. Note that this does not apply to those schools that teach languages, for example French or Latin, to pupils. We will only use interpreters to support inspections of schools that teach subjects other than languages themselves in another language.

56. Interpreters may support inspectors by interpreting what is said or written, but they will not contribute to the inspectors’ decisions about whether the school complies with the independent school standards.^{[footnote 2]}

57. Interpreters may be present for the entire duration of the inspection, or for only part of it, depending on how the school’s provision is arranged. This will normally be confirmed during the lead inspector’s initial telephone call to the school, if appropriate.

58. Interpreters may accompany an inspector during any inspection activity. This could include, but is not limited to: visits to lessons; speaking to pupils, teachers, parents, governors and headteachers; looking at pupils’ work; and reviewing curriculum materials, including schemes of work. The interpreter will take notes, which the lead inspector will retain and add to the evidence base.

Question 13

Pausing inspections

Accepted Answer

59. There may be exceptional occasions when we need to consider pausing an inspection. We will consider these on a case-by-case basis according to our published guidance on pausing inspections.

Question 14

Purpose of inspection and legal basis

Accepted Answer

Introduction

398. The DfE may commission Ofsted to carry out a progress monitoring inspection to check the progress made by an independent school to address weaknesses identified at its previous inspection. An inspection can take place at any time.

399. The previous standard or additional inspection:

400. If the previous inspection was a standard inspection, the school will have been judged inadequate or requires improvement overall.

’Inadequate’ schools and schools with significant regulatory failures

401. If the school has significant regulatory failures (and has been judged inadequate if the previous inspection was a standard inspection) the DfE will normally have issued the proprietor of the school with a statutory notice under section 114 of the Education and Skills Act 2008. The notice sets out the unmet standards and requires the proprietor to submit a statutory action plan within a timeframe specified in the notice.

402. The DfE requires the school’s action plan to set out the steps the school proposes to take to address its weaknesses and to meet the unmet independent school standards, national minimum standards and other requirements. The action plan is required to specify the timescale within which the proposed steps will be taken. The DfE provides schools with a suggested template and guidance for producing action plans.

403. The DfE normally commissions Ofsted to evaluate the school’s action plan (see ‘Evaluating independent schools’ action plans’). Whether or not an evaluation has taken place, the DfE will either approve (with or without modifications) or reject the action plan, and inform the school and Ofsted of its decision.

404. Following this, the DfE will normally commission Ofsted to carry out a progress monitoring inspection. The commission will be on a case-by-case basis.

’Requires improvement’ schools and schools with less significant regulatory failures

405. If the school has relatively minor regulatory failures, the DfE may still require the school to prepare an action plan, and may still commission Ofsted to evaluate the action plan and to carry out a progress monitoring inspection.

Purpose of inspection

406. The purpose of the progress monitoring inspection is to check and report to the DfE on the school’s progress in addressing:

any previously unmet independent school standards, national minimum standards and/or other requirements (when the previous inspection was any type of additional inspection or a standard inspection)
the qualitative weaknesses identified at the previous inspection (when the previous inspection was a standard inspection)

407. When the DfE has required the school to prepare an action plan, the inspection will be carried out against the version of the action plan approved by the DfE, including any modifications, not any subsequently revised plans which a school may produce.

408. When the DfE has rejected the school’s action plan, at the start of the inspection Ofsted will ask the school to provide a revised version of the plan, if any exists.

Legal basis

409. Ofsted will carry out the progress monitoring inspection under section 109(1) and (2) of the Education and Skills Act 2008.^{[footnote 64]}

Boarding or residential provision

410. If the previous inspection of a boarding or residential special school identified unmet standards relating to the boarding/residential provision, as well as the school, the DfE will commission an ‘integrated’ progress monitoring inspection of the school and its boarding/residential provision.

411. If the unmet standards identified at the previous inspection only relate to the boarding/residential provision, the DfE will commission Ofsted to carry out a welfare-only progress monitoring inspection.

412. In both cases, the inspection of the boarding/residential provision will check whether:

the previously unmet national minimum standards for boarding or residential special schools
the qualitative weaknesses identified at the previous inspection have been addressed (when the previous inspection was a standard inspection, or the school is subject to a second or subsequent progress monitoring inspection)

413. In an integrated progress monitoring inspection, the education and social care regulatory inspectors will work closely together to plan the inspection activities. They will discuss their findings throughout the inspection. They will normally hold meetings with key staff, such as the designated safeguarding lead in the school and the proprietor, together. The 2 teams will share inspection evidence where appropriate, for example in assessing the strengths of the links between the day school and the boarding or residential provision, and if concerns are raised with inspectors about children’s welfare.

Provision for students aged 19 and over

414. An independent school may have students aged 19 and over on roll. If the unmet standards relate to the sixth-form provision, inspectors will only inspect and take account of provision for these students if they began their studies before the age of 18. However, because these students are essentially adults studying alongside children, inspectors will always check and report on whether the school meets the safeguarding requirements of the independent school standards in this context.^{[footnote 65]}

When can an inspection take place?

415. Progress monitoring inspections normally take place anytime during term time.

Question 15

Before the inspection

Accepted Answer

Inspectors’ planning and preparation

416. The lead inspector, and in the case of welfare-only and integrated inspections the lead social care regulatory inspector, will prepare for the inspection by reviewing the DfE’s ICF for the inspection. When applicable, the form will contain the version of the action plan approved by the DfE, a copy of the statutory notice served to the school and any correspondence in relation to the action plan. It will specify the particular focus that the DfE requires the inspection to have. The lead inspector should review the ICF for completeness. If they think it needs to be amended or added to, they should discuss this with the regional SHMI, who can raise it with the DfE.

417. Inspectors will also consider any other available information, for example:

all relevant information held by Ofsted, for example:
relevant publicly available information, including information on the school’s website, such as:
- a statement of the school’s values and ethos
- the school’s opening hours
- where relevant, information about the curriculum (so the lead inspector can start to assess the breadth and balance of the school’s curriculum and whether it is likely to promote preparation for, and an appreciation of, life in modern Britain)
- for schools with pupils receiving secondary education, and where relevant, information about the school’s careers programme
- where relevant, information about the use of tutoring in the school
- relevant policies, for example, on behaviour, and relationships, sex and health education
- the presence of the safeguarding policy, as required by the independent school standards ^{[footnote 68]}
the suitability of the safeguarding policy, taking into account current government requirements ^{[footnote 69]}
where relevant, information about SEND provision
where relevant, the school’s accessibility plan
where relevant, information relating to the school’s duties under the Equality Act 2010
information about governance
any other information publicly available or available from relevant stakeholders, such as local authorities and the police
the most recent inspection report on the relevant local authority’s children’s services
the main findings from the relevant local area’s SEND inspection, including (where relevant) arrangements for identifying, assessing and meeting the needs of young children with SEND
any complaints from parents or members of the public that the DfE has asked Ofsted to consider as part of the inspection
the school’s census returns
information on the school’s registration status as recorded on the DfE’s register ‘Get information about schools’, such as the number and age range of pupils that the school is registered to take, the name of the proprietor and whether the school is ‘section 41 approved’ ^{[footnote 70]}
whether any additional sites are recorded on the location page of the school’s record on ‘Get information about schools’, or on the school’s website
the register of licensed sponsors: students for Student and Child Student visas
information from any other associated providers (which will be triangulated with evidence gathered during the inspection); this may include registered early years provision or, if the school is part of a chain of independent schools, any relevant information from recent inspections of these schools, such as any reported evidence about the suitability and capability of the proprietor

418. The lead inspector will also carry out off-site inspection activity to check compliance with aspects of the independent school standards when that is possible before arriving on site (such as in relation to part 6 of the standards, ‘provision of information’).

419. The lead inspector will find out who the school’s proprietor or proprietor body is before the inspection starts. They will check whether the proprietor’s identity is consistently recorded in the previous inspection report, the current ‘Get information about schools’ record for the school, the school’s last census returns and the school’s website, if one exists (this may have a section that describes governance arrangements). The lead inspector will record any discrepancies between ‘Get information about schools’ and other sources should be recorded on an evidence card. They will follow this up on inspection.

420. If a registered school has moved its main or sole site to a different local authority area, the DfE’s policy position is that the school will not be treated as a new entity. However, the DfE will change the school’s registration number, and consequently the school’s unique reference number (URN). Therefore, the lead inspector will refer to the inspection history relating to the school’s previous registration.

421. Other relevant information may be in the public domain and reported in the press. Inspectors will therefore carry out a brief internet search as part of their pre-inspection planning to see whether there are any safeguarding or other issues, such as a change of governance, that may need to be followed up during inspection.^{[footnote 71]}

422. The lead inspector will establish whether the school is likely to operate from more than one site, for example if early years or sixth-form provision is accommodated at an address other than the main registered premises. They will also establish the likely nature of any SEND provision, and any nursery provision, before- and/or after-school care or holiday clubs led and managed directly by the school, particularly if these take 2- to 8-year-olds.

423. In all progress monitoring inspections, the lead inspector may also liaise with the local authority designated officer for child protection concerns to obtain any information that may be relevant to the inspection.

424. In integrated inspections, contact between the education and social care regulatory inspectors takes place before the start of the inspection.

Question 16

The inspection

Accepted Answer

Days allocated to inspection and inspection team members

428. Progress monitoring inspections do not normally last longer than one day, although ‘integrated’ and ‘welfare-only’ progress monitoring inspections of boarding and residential special schools normally last 2 days so that the social care regulatory inspector is able to inspect the boarding provision during the evening.

429. The inspection will usually be carried out by one inspector. In ‘integrated’ inspections of boarding and residential special schools, there will normally also be one social care regulatory inspector. Three inspector days are allocated in total to progress monitoring inspections, for preparation, the inspection, travelling and writing.

430. There is no requirement to deploy inspectors of a particular faith to inspect a school of the same faith. It would be unusual for an inspection team of a faith school to consist entirely of inspectors of that faith.

431. For details of what happens when an interpreter joins the inspection, refer to the role of an interpreter during inspection.

Arrival time on the day of inspection

432. On the day of the inspection, inspectors will not arrive before 8am.

Arrival at the school

433. In the rare event that the inspector arrives at the school and it appears to be no longer operating, the inspector will contact the national duty desk, who will consult with the DfE.

434. In the rare event that there are no pupils on roll, the inspection will still go ahead in line with this handbook.

435. On arrival, the lead inspector (or lead social care regulatory inspector, for integrated inspections) will explain to the school that they will inspect specified areas of the school’s provision, in order to report to the DfE on whether the school now meet the Education (Independent School Standards) Regulations 2014 and/or the national minimum standards for boarding or residential special schools that were judged to be unmet at the previous inspection, and the school’s progress in addressing any qualitative weaknesses identified at the previous inspection. All independent schools must comply with the standards for continued registration.

Question 17

After the inspection

Accepted Answer

Arrangements for publishing the report

Figure 1: Ofsted’s post-inspection and complaints procedure

478. The lead inspector is responsible for writing the inspection report, completing the independent school standards compliance record and submitting the evidence to Ofsted shortly after the inspection ends.^{[footnote 80]} The text of the report should explain the judgements and reflect the evidence. The findings in the report should be consistent with the feedback given to the school at the end of the inspection.

479. Inspection reports are sent to the school following moderation and quality assurance. We aim to send the reports to schools as quickly as reasonably possible. In most circumstances, we will send the draft report to the school within 18 working days of the end of the inspection.

480. The school will have 5 working days to comment on the draft report. It can highlight minor points relating to the clarity and/or factual accuracy of the report, or it can submit a formal complaint seeking a review of the inspection process, including the judgements made or concerns about inspector conduct (see paragraph 468). If it only submits minor points of clarity or factual accuracy, we will consider and respond to these when we share the final report with the school. This will normally be within 30 working days of the end of the inspection. As set out above, we expect leaders to share the inspection outcome and findings with the proprietor and members of governing body and whoever they deem appropriate. We may also send the draft report to the DfE and other bodies as necessary. This will only take place following moderation or quality assurance.

481. If the school wishes to make a formal complaint, we will follow the process set out in our published complaints procedure. We will respond to any complaint before we finalise and send the report to the school. If the school has previously chosen to highlight some minor points of clarity or factual accuracy on the draft inspection report (see paragraph 467), it will not normally be able to submit a formal complaint or challenge later. We will publish the final report on our reports website 5 working days after sending it to the school.

482. Paragraph 32(1)(d) of the schedule to the Education (Independent School Standards) Regulations 2014 requires the proprietor to:

ensure that a copy of the inspection report is published and maintained on the school’s website
provide a copy of the report to the registered parents of every registered pupil at the school by the date specified by Ofsted, which is 5 working days from receipt

483. The proprietor may send or give a copy of the report to parents. Alternatively, if parents have provided an email address, the school may either email an electronic copy of the report to them or email a link to where the report is available to download from the internet.^{[footnote 81]}

484. We will send the final version of the report to the DfE before publication. In all cases, the inspection process should not be treated as complete until all inspection activity has been carried out and the final version of the inspection report has been sent to the DfE.

Suitability of the proprietor and other managers – reporting concerns to the registration authority

485. If inspectors identify any concerns about the suitability of the proprietor or any other member of staff employed at the school in a management capacity, these will be recorded in the independent school standards compliance record and reported to the DfE, as the appropriate authority. This information is particularly relevant when it may have any bearing on the suitability of a person to participate in the management of an independent school. This includes when the person’s conduct is aimed at undermining British values or child safety, and the inspector has concluded that the person’s conduct is so inappropriate as to make them unsuitable to take part in the management of an independent school.

The inspection evidence base

486. The evidence base for the inspection must be retained in line with our published privacy notice.

Question 18

Quality assurance and complaints

Accepted Answer

521. All inspectors are responsible for the quality of their work. The lead inspector must ensure that inspections and evaluations of action plans are carried out in accordance with the principles of inspection and the code of conduct.

522. We monitor the quality of inspections and evaluations of action plans through a range of formal processes and HMI/SHMI visit some providers or monitor remotely to quality assure inspections.

Handling concerns and complaints

523. The majority of Ofsted’s work is carried out smoothly and without incident. If concerns do arise as a result of Ofsted’s evaluation of a school’s action plan, the school may follow the procedures for making a formal complaint. Information about how to complain is available on GOV.UK.

Question 19

The DfE’s decision on next steps

Accepted Answer

493. If the school was judged to not meet the independent school standards that were checked during the inspection, the DfE, as registration authority for independent schools, will decide any action to take in respect of this.

494. If the school was judged to meet the standards that were checked during the inspection, the DfE may write to the school to confirm that there will be no further regulatory action against the school.

495. In addition, if the school was judged requires improvement or inadequate at its last standard inspection, the DfE may decide to bring forward the school’s next standard inspection in the inspection cycle.

496. As the school has been judged to now meet all of the standards that it previously failed, it may no longer be demonstrating the characteristics of a school that requires improvement or is inadequate, as defined by the EIF. By carrying out a standard inspection, we will be able to judge whether the school has improved overall, and if so the school may be judged good or outstanding under the EIF.

497. The standard inspection may be brought forward if the lead inspector of the progress monitoring inspection judges that all of the following apply:

all the previously unmet standards are now being met securely and consistently
the school is likely to be able to provide evidence that it can meet part 8 of the standards (leadership and management) on a standard inspection
any qualitative issues identified at the previous inspection have been rectified and solutions embedded so that the school stands a reasonable chance of being judged good
the school’s curriculum development is at a stage where it is likely to be judged favourably under the EIF

498. Sometimes, a school may have been judged to meet most of the previously unmet requirements of the independent school standards, but is still judged to not meet a small number of the requirements due to omissions in or the quality of its documents or policies. Consequently, the overall outcome of the inspection is that the school does not meet the standards checked during the inspection.

499. In these cases, after the progress monitoring inspection is complete (see arrangements for publishing the report, the DfE may commission Ofsted to review the school’s revised documents or policies as a desk-based exercise, rather than commissioning another on-site progress monitoring inspection.^{[footnote 82]}

500. Inspectors will use the resources listed in the checking revised documents section when checking the school’s revised documents. The inspector will write a short progress monitoring inspection report setting out whether the revisions now mean that the relevant requirements are met by the school. The report will be published on the Ofsted reports website, and paragraphs 383 to 389 apply.

501. When there are significant or numerous omissions in a proposed school’s documents, the DfE may commission another on-site progress monitoring inspection.

Question 20

Notification and introduction

Accepted Answer

207. We will normally contact the school by telephone to announce the inspection 2 calendar days before it is due to start. Schools may be notified on any day of the working week. The lead education inspector will announce an education-only or integrated inspection. The lead social care regulatory inspector will announce a welfare-only inspection.

208. If the headteacher is unavailable when the notification call is made, we will ask to speak to the proprietor or the most senior member of staff available. Once we have informed the school by telephone that the inspection will take place, we will send confirmation to the school by email.

209. The lead inspector will encourage the headteacher to have at least one other senior leader present during both calls, to assist and support them. This will usually be staff who typically deputise for them and can understand and discuss the educational content of the calls.

210. During the initial notification phone call, we will ask the school to confirm the information we hold about it. This will include the number of pupils on roll. We will also ask whether any adult lives on the school premises. If adults do live on the premises, inspectors will consider the school’s risk assessment as part of evaluating its safeguarding arrangements. Schools will be expected to demonstrate they have fully assessed any potential risks to children. This risk assessment should include:

safeguarding check of residents
access between the residential accommodation and the rest of the premises
which other individuals (such as family members and visitors) will access the residential accommodation

211. We will also make clear that the inspectors will expect the proprietor(s) and the person(s) responsible for the day-to-day operation of the school to be present during the inspection. This is because inspectors will expect to interview them to judge their ability to promote and implement the relevant policies and procedures.

212. We will then send the school a letter setting out key information for leaders to be aware of before inspection. This will include:

Ofsted’s privacy notice
informing the school that inspectors will use a range of technology to gather evidence electronically, including mobile devices, tablets and laptops
informing the school that inspectors may request to take photographic evidence, for example of pupils’ work and displays, but that inspectors will not take photographs of pupils

Requests for deferral or cancellation

213. While it is important that we carry out our planned inspections wherever possible, sometimes there may be reasons that a planned inspection may not go ahead and so a school may request a deferral of an inspection. A school may make a request during the initial notification phone call or at the earliest opportunity afterwards before the start of the inspection. Inspections may also, exceptionally, need to be paused once inspectors have arrived on site.

214. The lead inspector must immediately contact the regional team. We will decide whether to grant a deferral in accordance with our deferral policy.

215. Normally, if the school is providing education to pupils, an inspection will go ahead. In exceptional circumstances, however, an inspection might be cancelled or deferred after the school has been notified, following a request made by the school.

216. The deferral policy makes clear that the absence of the headteacher and/or proprietor is not normally a reason for deferring an inspection.

217. The timing of the inspection will be determined by the information the DfE gives Ofsted in the ICF. This includes the date that the school intends to implement the change (if it is approved by the DfE). Material change inspections are not normally deferred when the school states that it is not ready for inspection. The DfE expects schools to be ready to receive a material change inspection, since the school wishes to implement the change in the near future.

218. When it appears that a school no longer wishes to continue with its application to make a material change, we will inform the DfE. The inspection will normally not go ahead.

219. In the case of an inspection without notice, any requests for a deferral will be passed to Ofsted’s relevant regional director, who will decide in accordance with our deferral policy whether the request can be granted.

220. We will inform the DfE if we grant a deferral. We will consult the DfE before cancelling any inspection of an independent school.

Information that schools must provide by the start of the inspection

221. We will send the school a letter setting out that the following information must be made available to inspectors at the formal start of the inspection, some of which is also required to comply with the independent school standards:

the policies and other documents required by the independent school standards
schemes of work for the subjects that the school teaches
strategic documents about the school, including:
- anything that sets out school improvement planning or the longer-term vision for the school, such as the school’s strategy
- a summary of any school self-evaluation or equivalent
- any reports from any external evaluation of the school
- documented evidence of the work of the proprietor and/or those responsible for governance and their priorities
- minutes of governors’ meetings and other relevant strategic documentation about governance that the school may have
records and data about behaviour and attendance, including:
- up-to-date attendance analysis for all groups of pupils
- records and analysis of pupils taken off roll
- records and analysis of exclusions and suspensions, incidents of poor behaviour and any use of internal isolation
- records and analysis of bullying, discriminatory and prejudiced behaviour, either directly or indirectly, including racist, sexist, disability and homophobic/biphobic/transphobic bullying, use of derogatory language and racist incidents
- records and analysis of sexual harassment and/or sexual violence
- records and analysis of any restrictive physical intervention
operational documents, including:
- access to Wi-Fi, if it exists, so that inspectors can connect to the internet
- maps and other practical information
- the school timetable, current staff list (indicating ECTs times for the school day, including planned interruptions to normal school routines during the inspection and whether teachers cannot be observed for any reason
safeguarding information:
- the single central record for the school ^{[footnote 30]}
- a list of referrals made to the designated person for safeguarding in the school and those who were subsequently referred to the local authority, along with brief details of the resolution (a very short summary of how the school dealt with the matter and assurance that pupils have received the appropriate help)
- any referrals made to the local authority designated officer regarding staff or other adults
- a list of all pupils who have open cases with children’s services or social care and all pupils who have a multi-agency plan (this is to ensure that the school knows who these pupils are, and is able to meet requirements). Inspectors may select a sample of children to make sure the school is meeting the requirements in ‘Keeping children safe in education: statutory guidance for schools and colleges’

222. Schools and inspectors must make sure that all actions are compliant with legal requirements for information-handling.

The lead inspector’s inspection planning telephone call

223. The lead inspector of an education-only or integrated inspection will contact the proposed school by telephone or video at a suitable time following the initial notification call. They will ask to speak to the headteacher. This is an opportunity for the headteacher to communicate what life in the school is like and provide further context about the school. It is also an opportunity for the headteacher to discuss the particular circumstances of the school that have had a role in the decisions made by leaders.

224. The lead inspector will encourage the headteacher to have at least one other senior leader present during both calls, to assist and support them. This will usually be staff who typically deputise for them and can understand and discuss the educational content of the calls.

225. The call will be short and focused on practical issues. Depending on the nature of the material change, the lead inspector will:

check on the headteacher’s well-being, and find out whether any steps need to be taken to ensure any issues or concerns are addressed, including that appropriate support is available. The lead inspector should ascertain how to contact whoever is responsible for the headteacher’s well-being on a day-to-day basis, so that they can pass on well-being concerns when appropriate and necessary
make the school aware of the help and support for the headteacher’s and staff’s well-being that is available through the charity Education Support
confirm whether the school has a religious character or ethos
discuss whether the school is part of a group of independent schools
discuss the nature of any SEND provision
discuss any nursery provision, before- and/or after-school care or holiday clubs led and managed directly by the school, particularly if these take 2- to 8-year-olds (where schools offer before- and/or after-school care for their own pupils on roll, this provision should be considered as part of the school inspection)
establish whether the school operates from more than one site, for example if it offers early years or sixth-form provision on separate premises. Inspectors must establish the full address of each site, record this in their evidence base and report it to the relevant SHMI, who will decide whether the tariff for the inspection needs to change. Inspectors will also ask the school to provide the addresses to the DfE, so that the DfE can record the information in the school’s record on ‘Get information about schools’
establish whether the school is linked to a children’s home, and if so whether the children’s home is managed by the school
clarify whether the school has boarding or residential provision, and if so the:
- number of boarding houses or residential units and their addresses
- the number of boarders or residential pupils on roll
establish whether the school has any pupils who attend off-site alternative provision, either full time or part time, run either by the school or by a different organisation. If the school uses off-site alternative provision, the lead inspector will ask for further details about this, including:
- the number of pupils who attend
- the number of off-site alternative providers used currently
- the unique reference numbers and addresses of the alternative providers
- the names and addresses of the alternative providers (if there is no URN for one or more alternative providers)
- the range of needs that these providers cater for
- the timetable for the pupils who attend
ask the headteacher if the school is experiencing, or has recently experienced, any tensions in or pressures from the community. If it has, the inspector will ask for details, including what the school has done in response
invite the headteacher and other leaders, as agreed by the lead inspector and headteacher, to take part in joint visits to lessons
make arrangements for meetings with relevant staff (and any person that the staff member wishes to be present for those meetings)
confirm the identity of the proprietor or proprietor body of the school
make arrangements for, as a minimum, a meeting with the chair and as many members of the proprietor body as are available
ask the school to invite as many members of the proprietor body as possible to attend the final feedback meeting
establish the governance arrangements for the school, and confirm arrangements for meetings with the school, those responsible for governance and anyone else the lead inspector thinks would be relevant
make arrangements for, as a minimum, a meeting with the chair of the board of governors and as many governors as are available
ask the school to invite as many governors as are available to attend the final feedback meeting
establish how the school will give the lead inspector access to its policy documents and records so that inspectors can check the school’s compliance with the independent school standards. We expect all documents to be provided in English
agree whether it may be pragmatic to do some elements of the inspection through video or telephone calls. This will usually only be to involve parents and those with leadership or governance responsibility who are unable to attend
let the school know if and when interpreters will be present during the inspection
ask the school to read Ofsted’s code of conduct, which sets out expectations for both inspectors and providers, and explain that if the headteacher has any concerns about inspectors not acting in accordance with the code of conduct, they should raise this as soon as possible with the lead inspector. This is so that any issues can be resolved before the on-site inspection activity is completed
provide an opportunity for the school to give us information about any other factors they consider relevant to their current context, and to ask any questions or raise any concerns, such as perceived conflicts of interest
provide an opportunity for the school to discuss and/or give us information on potential equalities duties, including reasonable adjustments for individuals
give the school an opportunity to raise any issues or concerns, or to seek clarification before the inspection, and explain how the school will be able to raise any matters during the inspection itself
invite the school to consider whether there are any reasons, of either a personal or professional nature, that may mean they wish to ask for a deferral

226. The lead inspector will also use the conversation to establish whether the school has any pupils who attend off-site alternative provision, either full time or part time, run either by the school or by a different organisation. If the school uses off-site alternative provision, the lead inspector will request further details about this to arrange required visits.

227. The lead inspector will also ask the school to provide certain information as early as possible to aid preparation. This will include:

a copy of the school timetable(s), where relevant
details of any relevant staff absence
any requests to not visit any specific lesson or lessons (for example, if a teacher is subject to capability procedures)

228. If any issues arise, the lead inspector may also need further clarification from the school, for example when information is not available on the school’s website.

Question 21

The start of the on-site inspection

Accepted Answer

436. The lead inspector should meet briefly with the headteacher and the proprietor at the beginning of the inspection to:

introduce any team inspectors and interpreters
confirm arrangements for meetings with representatives of those responsible for the governance of the school and with staff
confirm whether any pupils at the school are educated at a site other than the main, registered premises, for example early years or post-16 provision that operates on separate premises. Inspectors must establish the address of each of the premises, record this in their evidence base and report this to the relevant regional SHMI
confirm arrangements for providing feedback at the end of the inspection
request information about staff absence and other practical issues
check whether there are reasons why they should not observe certain teachers, for example if any teachers are subject to capability procedures
ensure that the headteacher is aware that Ofsted’s evidence from observations of teaching and learning, whether joint or otherwise, must not be used as evidence in capability/disciplinary proceedings or for the purposes of performance management
establish how the school will give the lead inspector access to its policy documents and records (see information that schools must provide by the start of the inspection)
ask the school to read Ofsted’s code of conduct, which sets out expectations for both inspectors and providers, and explain that if the headteacher has any concerns about inspectors not acting in accordance with the code of conduct, they should raise this as soon as possible with the lead inspector. This is so that any issues can be resolved before the on-site inspection is completed

437. The lead inspector will also inform the school:

438. When there is more than one inspector, a short team meeting should take place to clarify inspection activities and individual roles and responsibilities.

439. The lead inspector will encourage the headteacher to have at least one other senior leader present, to assist and support them. This will usually be staff who typically deputise for them and can understand and discuss the educational content of the calls.

Information that schools must provide by the start of the inspection

440. The lead inspector will confirm which school documents are required for the inspection ^{[footnote 73]}, some of which are also required to comply with the independent school standards. Please refer to the list in information that schools must provide by the start of the inspection

Gathering and recording evidence

441. Inspectors will gather evidence about whether the school now meets the independent school standards and/or the national minimum standards for boarding or residential special schools that were judged to be unmet at the previous inspection, and the school’s progress in addressing qualitative issues. They will follow up all of the matters identified in the report from the previous inspection.

442. Inspectors will follow up the issues raised in the DfE’s commissioning form. They will inspect against any particular focus that the DfE specifies.

443. If the DfE has approved the school’s action plan, inspectors will check that all proposed actions are being implemented effectively and within the timescale set out in the action plan.

444. If the DfE has asked Ofsted to consider a complaint as part of the inspection, inspectors will normally check whether the school meets the independent school standards (or national minimum standards) that are relevant to the wider issues raised by the complaint.

445. Inspectors will be rigorous in their evidence-gathering and will ask to see any documents, records or other information necessary.^{[footnote 74]}

446. The main inspection activities will be determined by the unmet standards identified at the previous inspection. Inspectors:

may talk to staff and pupils (see ‘Inspectors talking to pupils on inspection’), and seek opportunities whenever possible to test emerging findings and corroborate conclusions
may look at the premises, including any located off site, and investigate procedures for appointing staff and safeguarding pupils
may meet with the proprietor and headteacher, and may also hold meetings with staff, those responsible for governance, pupils, parents and other stakeholders
may visit lessons and may also observe pupils in a range of situations outside normal lessons, for example when the DfE’s commission requires them to report whether the school is likely to meet the standards in part 2 of the independent school standards, which relate to pupils’ spiritual, moral, social and cultural development. Further information about lesson visits is available in the section on Ofsted’s approach to evaluating the curriculum in the non-association independent school inspection handbook
will check that the school has a safeguarding policy and that it is published on the school’s website (or provided to parents on request if the school does not have a website) as required by the independent school standards^{[footnote 75]}
check the suitability of the school’s safeguarding policy, taking into account current government requirements^{[footnote 76]}

447. To help leaders understand how the inspection is progressing and maintain a constructive professional dialogue, the lead inspector will also meet with the headteacher throughout the inspection. There is normally only one inspector; however, if there is more than one, the lead inspector will also invite the headteacher, and at least one other member of staff, to observe the inspection team meetings. The lead inspector will make it clear that attendance at the meeting is optional, and that the headteacher may leave at any point if they wish. They will also explain to leaders that while team meetings are opportunities for the lead and team inspectors to share evidence and consider the emerging evaluation of the school, the lead inspector may also discuss with leaders their reflections on what they have heard.

448. Team meetings or, where there is only one inspector, the inspector’s meetings with the headteacher, will help leaders to understand the evidence on which inspectors will base their judgements about whether the proposed school is likely to meet the standards. They also give leaders the opportunity to:

clarify any factual matters
draw inspectors’ attention to any other specific matters

449. During the inspection, it is important that pupils are able to express their views freely to inspectors. Therefore, inspectors must have the opportunity to speak to pupils with no other adults present. This is particularly important when inspectors ask pupils questions around safeguarding (see ‘Inspectors talking to pupils on inspection’). Any meetings with pupils or parents must also take place without the presence of any leaders or staff, unless there are exceptional circumstances.

450. During the inspection, inspectors may need to speak to staff in a range of different roles. They will do so in line with our code of conduct, and at all times act with professionalism, courtesy, empathy and respect. Staff (including leaders at all levels) may always be accompanied by an appropriate person when speaking to inspectors. However, it is important that staff are able to express their views freely to inspectors.

451. Inspectors should take careful account of the well-being of leaders and staff. They should adjust their approach or activity, as appropriate, as they go about their inspection work in the best interests of pupils. If inspectors see or suspect that a staff member (including all leaders and the headteacher) is upset or distressed at any point during the inspection, inspectors should respond sensitively. Where appropriate, inspectors will consider suitable adjustments to enable the staff member to continue. Where there are serious concerns, inspectors will normally contact the national duty desk and inform those responsible for the person’s well-being. In exceptional circumstances they may need to consider pausing the inspection.

452. In integrated progress monitoring inspections, the social care regulatory inspector(s) will inspect the boarding/residential provision.

453. Inspectors will expect to meet with the proprietor(s) and the person(s) responsible for the day-to-day operation of the school during the inspection. Without meeting these individuals, inspectors may not be able to gather sufficient evidence in order to judge whether the school meets paragraph 34(1) of the independent school standards, which concerns the quality of leadership and management.

454. If the lead inspector thinks it is possible that the judgement will be that standards are not met, they must make the school’s leadership aware of this. The lead inspector must also contact the national duty desk and complete an early notification form if:

the school’s arrangements for safeguarding pupils are ineffective
there are serious weaknesses in the school’s arrangements to consistently meet the standards (that is, the unmet standards may have a serious impact on pupils’ welfare, health and safety, academic or personal development).

455. The lead inspector will also ask the school to confirm the identity of the proprietor or proprietor body of the school. They will follow up any discrepancies about the proprietor’s identity, including any that arose during their inspection planning (see inspectors’ planning and preparation).

456. If a school is judged to now meet the standards that were previously unmet, inspectors will not automatically judge that the school also now meets paragraph 34(1), which concerns the quality of leadership and management. In line with the DfE’s guidance ‘The independent school standards: guidance for independent schools’, the school must demonstrate that it can consistently meet standards. There must be evidence that the school is able to meet the standards continually (see paragraph 9.3 of the DfE’s guidance ‘The independent school standards: guidance for independent schools’).

457. In judging whether a school meets the standards, inspectors will refer to the:

non-statutory DfE guidance ‘The independent school standards: guidance for independent schools’. Although this document is non-statutory, its aims are to:
- set out the DfE’s understanding of the standards
- provide supplementary guidance on best practice in complying with the standards
- give additional detail in some areas for which questions are sometimes raised by schools
non-statutory DfE guidance ‘Independent school registration’ and the resources to which this document refers
guidance in part 4 of the non-association independent school inspection handbook

458. If appropriate, inspectors may also refer to the following Ofsted guidance:

Checking standards beyond the scope of the DfE’s commission

459. If inspectors identify matters of concern beyond the scope of the DfE’s commission for the progress monitoring inspection, they will inspect and report against the school’s compliance with the relevant paragraphs of the independent school standards to which the concerns relate.^{[footnote 77]}

460. ’Should inspectors consider that there are too many matters to follow up in the time available for the progress monitoring inspection, they will contact the national duty desk, who will consult the DfE regarding increasing the resource allocated to the inspection. Alternatively, the DfE may decide to commission Ofsted to carry out an emergency inspection or to bring forward the timing of the school’s next standard inspection.

Safeguarding

461. Inspectors will always look into how well children and learners are helped and protected so that they are kept safe. In all commissions for progress monitoring inspections, the DfE will ask Ofsted to check and report whether the school meets the following requirements in the independent school standards:

that the school has a safeguarding policy and that this is published on the school’s website (or provided to parents on request if the school does not have a website) as required by paragraph 32(1)(c) in part 6 the independent school standards
that the school’s safeguarding policy is suitable and implemented effectively, taking into account current government requirements, as required by paragraphs 7 to 7(b) in part 3 of the standards ^{[footnote 78]}
that the school has met the relevant requirements in part 4 of the standards if it has appointed any new staff since the previous inspection

462. Inspectors are familiar with the relevant guidance and statutory responsibilities for schools on safeguarding, including:

463. On all inspections, inspectors will determine – and record in the compliance record – whether:

there have been any safeguarding incidents or allegations since the last inspection
the school has taken appropriate action to safeguard the children affected and/or deal with allegations

464. Inspectors will take a proportionate account of the comments made about safeguarding from staff, pupils and parents of pupils who attend the school, balancing these alongside the other evidence collected during the inspection.

Speaking to pupils

465. As part of judging how effectively the school is implementing its safeguarding policy (paragraph 7 of the standards) and meeting the requirement to actively promote the well-being of pupils (paragraph 34(1)(c), which is part of the standard about the quality of leadership and management), inspectors will need to talk to pupils.

466. The school must provide opportunities for inspectors to speak to pupils with no other adults present, unless there are exceptional circumstances, as it is important that pupils are able to express their views freely. See our guidance ‘Inspectors talking to pupils on inspection’).

467. If inspectors cannot corroborate the evidence that they gather about the effectiveness of the school’s arrangements to safeguard pupils because they are prevented from talking to pupils during the inspection, then it is likely that they will judge the relevant independent school standards as not met.

Evidence or allegations of abuse identified on inspection

468. On a very small number of occasions, inspectors may come across evidence or allegations of child abuse, including sexual abuse, during an inspection. Inspectors must not attempt to investigate any incident or allegations but will make sure that concerns about a child’s safety are referred to the appropriate authority. Any referrals will normally be made by the designated safeguarding lead in the school (see ‘Safeguarding concerns: guidance for inspectors’). Inspectors must be satisfied that the correct referral has taken place and record this in their evidence base.

469. If a child discloses to an inspector that they are suffering or at risk of abuse, the inspector will stop all other activity and focus on ensuring that the child receives the help they need. Specific guidance on what to do in this situation can be found in ‘Safeguarding concerns: guidance for inspectors’.

Minor safeguarding improvements

470. Inspectors may identify minor improvements that need to be made to the school’s safeguarding practices during inspection, such as administrative errors in paperwork or out-of-date policies. Some of the improvements may be rectified easily before the end of the inspection. Where this is the case, inspectors will have a constructive and professional conversation with leaders so that the school has every chance to make these minor improvements. Where minor improvements are required but these are not able to be resolved before the end of the inspection, if the school has taken steps to resolve the issue, the school can still be judged effective for safeguarding and paragraph 7 of the independent school standards can be judged as met. Importantly, any minor improvements that need to be made, while strengthening safeguarding practice, will not have an immediate impact on the safety of pupils.

Providing feedback

471. The on-site inspection ends with a final feedback meeting with the proprietor and headteacher. Those who intend to be connected with the school who may attend include:

the proprietor or, when there is a proprietorial body, as many members as are available; the clerk to the proprietor body, or their delegate, may also attend to take notes (there can be more than one note-taker if desired)
the headteacher and other senior leaders, agreed by the lead inspector and headteacher
any person the headteacher or proprietor(s) wants present to assist and support them
if the school has a governing body, the chair and as many representatives as are available from the governing body; the clerk to the governing body, or their delegate, may also attend to take notes (there can be more than one note-taker if desired)
the lead inspector may agree that other leaders can attend. If the feedback is likely to be challenging or is likely to raise difficult issues, the lead inspector will be sensitive to any implications arising from this feedback and will therefore discuss with the headteacher which other people may attend to ensure the necessary support for school leaders

472. Due to the diverse nature of school governance, in some schools a single individual may have more than one of the above roles.

473. Attendance at the feedback meeting is voluntary and any attendee may leave at any time, including leaving for a short time and then returning.

474. During this meeting, the lead inspector will ensure that the headteacher, the proprietor, those responsible for governance and all attendees are clear:

about which of the independent school standards and other requirements (including the national minimum standards on welfare-only and integrated inspections) that were judged to be unmet at the previous inspection are now met, and those that remain unmet (if applicable)
about any other standards or requirements that are unmet, if the inspector identified and inspected additional matters of concern during the course of the inspection (see checking standards beyond the scope of the DfE’s commission).
about the evidence to support the judgement that any standards or other requirements are not met, so that the school is clear about its weaknesses (Ofsted does not give advice about how to meet the standards)
that the DfE, which is the registration authority for independent schools, will decide any action to take in respect of any standards or other requirements that are not met ^{[footnote 79]}
about the progress made in addressing any qualitative matters identified at the previous standard inspection (if applicable)
that the findings of the inspection and the points provided orally in the feedback meeting, subject to any change, will be referred to in the text of the report, which Ofsted will submit to the DfE
that the judgements about whether specific standards and other requirements are met are provisional and so may change as a result of quality assurance procedures or moderation
that, on receipt of the draft report, they must ensure that the report remains restricted and confidential to the relevant senior staff (as determined by the school) and that the information contained within it is not shared with any third party or published under any circumstances
that they are invited and encouraged to complete the post-inspection survey
that, in addition to being able to raise concerns at any stage during the inspection, the school has an opportunity to raise any issues or concerns, or to seek clarification about the inspection, and can also contact Ofsted after the inspection, if necessary
about the procedure for making a complaint about the inspection

When safeguarding is ineffective or there are serious weaknesses

475. The lead inspector will complete an ‘Early notification form, initial advice from an independent school inspection’ if inspectors conclude that:

the school’s arrangements for safeguarding pupils are ineffective
there are serious weaknesses in the school’s arrangements to consistently meet the standards (that is, the unmet standards may have a serious impact on pupils’ welfare, health and safety, academic or personal development)
the school is operating beyond its registration agreement (which constitutes a material change to its registration

476. We normally send the form to the DfE the working day after the on-site inspection ends. If there are urgent concerns, we may send the form to the DfE during the on-site inspection.

477. The DfE will use the information to determine whether to take regulatory or enforcement action and to prioritise those schools that require most urgent attention.

Question 22

Notification of inspection

Accepted Answer

425. All progress monitoring inspections are carried out at no notice, although the school will be aware that an inspection is to take place to check progress. Once the lead inspector has gained entry to the school, we will send confirmation of the inspection to the school by email.^{[footnote 72]}

Requests for deferral or cancellation

426. Any requests for a deferral will be passed to Ofsted’s relevant regional director, who will decide whether the request can be granted in accordance with our deferral policy.

427. We will always inform the DfE if we grant a deferral of any type of independent school inspection. Where we believe that an inspection of an independent school should be cancelled, we will invite the DfE to withdraw the inspection commission.

Question 23

Emergency inspections of schools that appear to have closed

Accepted Answer

390. On rare occasions, it transpires during the notification telephone call for any type of inspection (or for unannounced inspections, when the inspector arrives at a school to carry out any type of inspection) that a school appears to have closed, or that it is no longer operating as a school. We will consult the DfE in these cases.

391. If the inspector has not already arrived at the school to start the inspection, the DfE may contact the school to clarify whether the school intends to continue operating, so that the DfE can decide what action needs to be taken, for example to de-register the school.

392. The DfE may commission Ofsted to carry out an emergency inspection to check compliance with the independent school standards. The DfE’s commission may include taking copies of the admission and attendance registers. Inspectors’ right of entry to inspect in such cases is set out in inspectors’ right of entry to inspect the school.

393. Inspectors’ planning and on-site activities will be carried out in line with the guidance on emergency inspections in the emergency inspections of independent schools section of this handbook. Arrangements for publishing the report are set out below.

394. Note that this section is not applicable to inspections of closed schools that have already been removed from the DfE’s register of schools, ‘Get information about schools’. If we suspect that a previously registered school is operating, it will be inspected under section 97 of the Education and Skills Act 2008, as set out in the ‘Unregistered school inspection handbook’.

Arrangements for publishing the report

395. When the outcome of the inspection is that the school appears to have closed – including if we have not been able to gain entry to inspect the school – the inspection findings will always be reported to the DfE, shared with the school (if possible) and published on our website in a short factual report. Inspectors will report on compliance with the independent school standards that they were able to gain sufficient evidence to make judgements about. The overall outcome in the report will be ‘The school appears to have closed’. Arrangements for quality assuring, publishing and sharing the draft and final versions of the report will be as set out in after the inspection section.

396. When a school is found to still be operating, the lead inspector will write the report in line with the normal arrangements for an emergency inspection report.

The DfE’s decision on next steps

397. When the overall outcome reported is ‘The school appears to have closed’, the DfE, as registration authority for independent schools, will normally remove the school from its register of schools, and decide on any further action to take.

Question 24

Purpose of evaluation

Accepted Answer

Introduction

502. All independent schools must comply with the Education (Independent School Standards) Regulations 2014 for continued registration.

503. If a school has been judged on any standard or additional inspection to not comply with one of the following requirements, the DfE will normally write to the school to require the proprietor to produce an action plan to set out the action they intend to take to rectify the failures. These might include:

one or more of the independent school standards
one or more of the national minimum standards for boarding or residential special schools
the statutory requirements of the early years foundation stage, if the change concerns early years provision, which is part of the school registration, for children aged 2 and above
paragraph 3 of schedule 10 of the Equality Act 2010, which requires that schools have an accessibility plan in place, and/or
section 35 of the Safeguarding Vulnerable Groups Act 2006, under which schools have a duty to make a referral to the DBS if a person in a regulated activity has been dismissed or removed due to safeguarding concerns, or would have been had they not resigned (see ‘Keeping children safe in education’

Action plans for schools with relatively minor regulatory failures

504. If the school has relatively minor regulatory failures, the DfE will normally write to the proprietor of the school after the inspection to request that the school submits a non-statutory action plan to the DfE within 1 month of the date of the letter from the DfE requesting the action plan.

Action plans for ‘inadequate’ schools and schools with significant regulatory failures

505. If the school has significant regulatory failures (and has been judged inadequate if the previous inspection was a standard inspection), the DfE will issue the proprietor with a statutory notice under section 114 of the Education and Skills Act 2008. The notice sets out the unmet standards and requires the proprietor to submit a statutory action plan within a timeframe specified in the notice.

506. If a statutory notice has been served, section 114(4) of the Education and Skills Act 2008 states that an action plan must state clearly both the action proposed by the school to rectify any regulatory failures and the timescale within which the action will be taken.

The DfE’s expectations for school action plans

507. The DfE provides schools with guidance and a suggested template for producing action plans.

508. The DfE expects a school’s action plan to address each unmet requirement. Schools will have been informed of the evidence that caused the inspectors to judge that each standard or requirement is unmet in the final feedback meeting of the inspection, and subsequently in the inspection report and/or in the letter or notice from the DfE which required the school to prepare an action plan.

Purpose of Ofsted’s evaluation of a statutory or non-statutory action plan

509. To inform its decision on action to take in response to a school’s action plan, the DfE may commission Ofsted to evaluate the action plan.

510. The purpose of the evaluation is for Ofsted to advise the DfE whether the plan is acceptable or whether it requires improvement. Ofsted’s advice to the DfE is based on an evaluation of whether the actions that the school proposes to take are likely to mean that the school will meet the unmet standards and/or requirements when the actions have been implemented.

The DfE’s response to Ofsted’s evaluation of a school action plan

511. Section 114(6) of the Education and Skills Act 2008 sets out that the DfE may do one of the following in response to a statutory action plan:

approve
approve with modifications
reject

512. In the case of a non-statutory action plan, the DfE may:

accept it and put the school back into the normal inspection cycle
accept it and request a progress monitoring inspection
reject it and serve a statutory notice requiring a revised action plan
reject it and request a further non-statutory action plan

Question 25

Inspectors carrying out the evaluation

Accepted Answer

513. Normally, one inspector will carry out the evaluation of a school’s action plan. This will be carried out by:

a social care regulatory inspector, if the action plan only concerns non-compliance with the national minimum standards for boarding or residential special schools
one of His Majesty’s Inspectors or an Ofsted Inspector, if the failures only relate to the school
a social care regulatory inspector and one of His Majesty’s Inspectors or an Ofsted Inspector, if there are failures that relate to the school and boarding/residential provision; this is an ‘integrated’ evaluation

Carrying out the evaluation

514. Inspectors will carry out the evaluation in line with any particular requirements specified in the DfE’s ICF, which will contain a copy of the school’s action plan. The form may also include supporting evidence that the school has supplied to the DfE to demonstrate that it has implemented actions.

515. Inspectors will evaluate the action plan by assessing the following:

completeness:
- whether the plan includes every standard and requirement that was judged to be unmet at the previous inspection, with clear reference to the substance of the specific paragraphs of the independent school standards, national minimum standards and any other requirements that were judged to be unmet
- whether the plan includes actions for meeting every unmet standard and requirement; how the school will address the weaknesses identified at the previous inspection – that is, the evidence from the inspection which caused the inspector to judge that each standard or requirement is not being met
- whether each action has a date by when it will be completed
- whether each action has measurable success criteria for judging whether it brings success in meeting the unmet standard or requirement
quality:
- the specificity of each action – how clearly defined each action is
- how robust each action is
- the applicability of each action: how each proposed action will address the evidence from the previous inspection which caused the inspector to judge that the standard or requirement is not met; and whether the action is likely to bring about sufficient improvement to enable the school to meet the unmet standard or requirement
- the practicality of achieving each action by the dates shown – whether the timescale is realistic
- the relevance and adequacy of the success criteria for each action, and whether the criteria are measurable
- the quality of the evidence recorded, or provided, for any action that the plan states that the school has already completed

516. When evaluating action plans, inspectors may refer to the DfE’s guidance documents:

‘Independent school action plans’
‘Independent school registration’ and the resources to which this document refers
‘The independent school standards: guidance for independent schools’. Although this document is non-statutory, its aims are to:
- set out the DfE’s understanding of the standards
- provide supplementary guidance on best practice in complying with the standards
- give additional detail in some areas for which questions are sometimes raised by schools

The evaluation will be carried out directly in the independent school evaluation of action plan report. Inspectors do not normally use other methods of recording evidence in the course of an evaluation.

Question 26

After the evaluation

Accepted Answer

Report

517. The lead inspector is responsible for writing the report. The text of the report should explain the judgements and reflect the evidence.

518. Reports will be quality assured before we send them to the DfE. We will normally send the final version of the report to the DfE within 4 weeks from the date that we received the commission to carry out the evaluation from the DfE.

519. The DfE may, at its discretion, send the report to the school.

Evidence base

520. There is normally no evidence base for an evaluation of an action plan, as the inspector will write the report while carrying out the evaluation.

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Introduction

Conduct during inspections

Schools raising concerns

Gathering personal information on inspection

Clarification for schools

Terminology

Common misconceptions about inspection

Inspectors’ right of entry to inspect the school

Carrying out an additional inspection as part of a standard inspection

Carrying out 2 concurrent additional inspections

Concurrent inspections of schools with the same proprietor

Inspections of boarding and residential special schools

Inspections of schools that are registered as children’s homes

Emergency and progress monitoring inspections of schools with no pupils on roll

The inspection report and compliance record

Schools requesting an inspection

Inspection fees

Using evidence from additional inspections

Considering complaints as part of the inspection

The role of an interpreter during inspection

Pausing inspections

Part 1. Pre-registration inspections of proposed schools

Purpose of inspection and legal basis

When can an inspection take place?

Unregistered provision

Proposed or existing alternative provision applying to register as an independent school

Boarding or residential provision

Proposed or existing children’s homes applying to register as an independent school

Before the inspection

Inspectors’ planning and preparation

Notification and introduction

Requests for deferral or cancellation

Information that proposed schools must provide by the start of the inspection

The lead inspector’s inspection planning telephone call

The inspection

Days allocated to inspection and inspection team members

Arrival time on the day of inspection

The start of the on-site inspection

Gathering and recording evidence

Early years provision (part of the school’s registration)

Provision for students aged 19 and over

Lesson visits

Proposed special schools and children’s homes

Checking standards beyond the scope of the DfE’s commission

Safeguarding

Speaking to pupils

Evidence or allegations of abuse identified on inspection

Minor safeguarding improvements

Providing feedback

When safeguarding is ineffective, there are serious weaknesses or the proposed school appears to be operating without registration

After the inspection

Arrangements for publishing the report

Suitability of the proprietor and other managers – reporting concerns to the registration authority

The inspection evidence base

Quality assurance and complaints

Quality assurance

Handling concerns and complaints

The DfE’s decision on next steps

Part 2. Material change inspections of existing schools

Purpose of inspection and legal basis

Material changes

Boarding or residential provision

When can an inspection take place?

Before the inspection

Inspectors’ planning and preparation

Notification and introduction

Requests for deferral or cancellation

Information that schools must provide by the start of the inspection

The lead inspector’s inspection planning telephone call

The inspection

Days allocated to inspection and inspection team members

Arrival time on the day of inspection

The start of the on-site inspection

Gathering and recording evidence

Early years provision (part of the school’s registration)

Provision for students aged 19 and over

Special schools

Checking standards beyond the scope of the DfE’s commission