The Ofsted complaints process is undergoing a series of changes that the regulatory body pledges to implement as soon as possible

Over the last couple of years there has been increasing strife between Ofsted and providers, heightened post Covid-19 and the sector has been calling for an overhaul of the system.

On 12 June 2023, Ofsted launched a public consultation on proposals for changes to Ofsted’s post-inspection arrangements, including how they handle complaints about their work. The proposals intended to build on current arrangements to support a ‘right first time’ approach to inspections. 

The consultation ran for an extended period until 15 September 2023.

In total, the consultation received 1,576 online responses. This was an increase of over 150% from the 622 responses received from previous consultations in 2020 on the same subject.  

Ofsted complaints response

Of the 1,576 survey respondents: 

• 37% responded on behalf of an organisation 
• 28% said that they had previously made a complaint about Ofsted 
• 70% led a setting that we inspect or regulate; 17% were employed at a setting; 3% responded on behalf of a professional organisation; 3% were parents of service users 
• 59% identified themselves as being from schools; 25% from early years; 6% from social care; 5% from further education and skills; and 11% did not identify themselves as being linked to a remit 

According to Ofsted, in total, over 80% of respondents supported proposals 1, 2 and 4 by stating that they ‘strongly agree’ or ‘agree’. Just under 80% supported proposal 3. 

Ofsted complaints process: proposals

Ofsted have listed four proposals that will support transparency and a more positive relationship between the regulatory body and providers

Proposal 1: Enhance on-site professional dialogue during inspections to help address any issues  

• 83% agreed that Ofsted should enhance on-site professional dialogue during inspection visits. This will help inspectors to address any queries, misconceptions or concerns as soon as possible
• Many highlighted concerns about inconsistency in the inspection process based on their own experiences. They stated that it was sometimes difficult to challenge the views of an inspector or inspection team, or that their comments were disregarded.

Proposal 2: Introduce a new opportunity for providers to contact Ofsted 

• 87% of respondents agreed that Ofsted should introduce a new opportunity for providers to call Ofsted the day after the end of an inspection visit if they have any unresolved issues
• For the early years respondents 91% wanted this change.

Proposal 3: Introduce new arrangements for finalising reports and considering formal challenges to inspection outcomes

• 83% of early years respondents believe that Ofsted should introduce the proposed new arrangements for finalising inspection reports and considering formal challenges to inspection outcomes
•  Providers highlighted that the complaints responses should be clearer about the findings of investigations and why decisions have been made. They thought this was important because, although providers may still not agree with the outcome of a complaint, they should be able to understand the reasons behind that outcome. 

Proposal 4: Direct escalation to the Independent Complaints Adjudication Service for Ofsted and adding a periodic review of closed complaints using external representatives from the sectors we inspect 

• 84% of respondents agreed on our introducing direct escalation to the Independent Complaints Adjudication Service for Ofsted (ICASO) and a periodic review of a sample of closed complaints
• Respondents also noted that they would like to see the current internal review step removed in the complaints process. They commented that this would make the process easier to navigate for providers and reduce the stages that they have to go through. 

Ofsted stated that they have taken all responses into account and steps will be taken across two phases. From January, Ofsted will put proposals 1 and 2 in place. From April, Ofsted will put proposals 3 and 4 in place. 

Stella Ziolkowski, NDNA’s director of quality and training, said: “We are pleased to see that the sector has been listened to through this consultation.  The new opportunity for providers to contact Ofsted to raise questions or concerns post-inspection is welcome.  We receive many calls from our nursery members who are unhappy at how their inspections have been conducted or with how they and their staff are treated by inspectors. While not everybody’s inspections experiences are bad, it’s important that Ofsted complaints processes are fit for purpose to support those providers who feel they have been treated unfairly.

“Respondents to the consultation from the early years sector were among the strongest supporters of the proposed changes, which shows the level of feeling on this issue across the sector. NDNA held workshops with our members to help shape our own response to the consultation. We are happy that these changes have been accepted and will be brought in quickly. In our Blueprint for Early Education and Care we called for a review of Ofsted to ensure it is supporting child development and the early years workforce. These changes will hopefully be a step in the right direction for early years providers and we hope will lead to more constructive and professional relationships between inspectors and those working in early years, which can only be good for our youngest learners.”