Education (Exemption from School and Further Education Institutions Inspections) (England) (Amendment) Regulations 2020

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Education (Exemption from School and Further Education Institutions Inspections) (England) (Amendment) Regulations 2020.

My Lords, it might appear slightly incongruous to be discussing today the lifting of an exemption from routine inspection that applies to certain outstanding schools and colleges at a time when Ofsted’s routine inspections are suspended in light of the coronavirus pandemic. In September last year, when the Government announced the intention to see the exemption lifted, we obviously could not have anticipated this situation.

The pandemic has highlighted the vital role that schools and colleges play in the lives of children and learners, supporting not just their education but also their well-being. I pay tribute to the exceptional hard work that has enabled leaders and staff to meet and overcome so many challenges. There will be much to do to make up for the lost education that has occurred because of the pandemic, and Ofsted inspection will play an important part in this through the challenge and support it provides.

Routine inspections are currently suspended, and we are keeping under review the timing for their resumption in the light of our response to the pandemic. When the time comes to restart Ofsted’s routine inspections, we believe, perhaps more than ever, that they should apply to every category of school and college. That is why this debate and these regulations are important.

As noble Lords will be aware, Ofsted was founded on a principle of universal inspection. The introduction of the exemption in 2012 represented a significant departure from this, but it was designed to reflect the need to increase autonomy and freedom and enable our best schools and colleges to focus on providing excellence, with Ofsted’s inspection being concentrated where it was needed most. That policy has borne fruit: standards have risen, with 86% of schools now rated good or better, up from 68% in 2010.

The principles of autonomy and trust in our best schools and colleges to educate effectively remain relevant today, but must be balanced against the need to ensure that inspection arrangements support improvement most effectively and offer an appropriate level of reassurance to parents, schools, colleges and the public more generally. Here, we believe, the balance has now tipped in favour of universal inspection. Many exempt schools and colleges have not been inspected for a considerable time, in some cases over a decade. Of these, some were judged outstanding under previous Ofsted inspection frameworks, which placed different expectations on them. This is starting to erode confidence in the outstanding grade.

However, this is not just about loss of confidence; it is also about the opportunity that Ofsted’s new education inspection framework presents in supporting improvement. The new framework, introduced in autumn last year, is a real step forward. It strengthens the focus on having a carefully considered and sequenced curriculum as well as making improvements to judgments on leadership, personal development and behaviour.

My Lords, I shall limit myself to speaking about the inspection of schools. This is an issue that has been debated for many years, and now we are in unusual circumstances with Covid-19, which could influence how inspections are carried out when they resume. Years ago, when I was a teacher and school governor, the role of inspections was discussed intensely. One argument was that too much inspection could cause disruption to teaching and the running of schools. It made staff nervous and encouraged them to prepare specially for inspection visits. In theory this should not have been necessary, but it was a huge distraction. The future of a school could depend on an inspection report. As such, we moved to the current system of inspections every five years, with exemptions for outstanding schools, unless there were concerns about a particular school.

Today’s amendment regulations remove the exemptions and require these outstanding schools to be inspected routinely every five years. What are the arguments for this? First, schools can change rapidly due to factors such as a change of head teacher, substantial turnover of key staff or change of intake. Secondly, Ofsted’s frameworks for inspection have expanded in relation to, for example, greater emphasis on the importance of pupils’ emotional and social development and relationships within schools. In June 2019, Ofsted’s chief inspector called for the exemption for outstanding schools to go, with Ofsted stating, in relation to the 2018-19 academic year:

“Only 16% of outstanding primary and secondary schools inspected this academic year retained their top Ofsted rating”.

I have recently spoken to educationalists who believe that schools should not be inspected in the midst of Covid-19 until all pupils have attended school for at least a full year because schools should be focused on providing a safe environment for pupils and staff. Managing schools at the moment requires constant vigilance and adaptation in accordance with circumstances. They should not be distracted from this by Ofsted inspections, and Ofsted should not be expected to carry out its usual duties. The focus should rather be on providing safety and a productive educational experience for pupils in school and those in remote learning.

My Lords, as the noble Baroness suggested when she introduced these regulations, they are not something that most of us would find objectionable. Indeed, most of us would say that they were not before time. In a regime where inspection is supposed to be a good thing, it is something of an anomaly that schools can go a decade without being inspected. I suspect there would be almost universal agreement on that.

The real question is: what are the inspections going to achieve? The noble Baroness, Lady Massey, touched on one or two of the things I was going to mention. What is the process? What are you examining? If we hope that schools are not just exam factories, what else are we doing here? What of the outside bits and how are they being addressed? We really must call this to the attention of everybody involved. We need to know what else we are getting out of this. Exams are nice and easy to assess—pass or fail, grades at a certain level, done. They are rubber-stamped and you move on. However, there has been a growing consensus that we have put too much attention on this in recent years. Can the Minister give us some idea of what else we are doing and what else will be inspected?

My particular interest is in special educational needs. I do not know if, after all these years, I still have to declare my interests, but I will. How are we dealing with this? For instance, given the most recent situation, how are we learning to use computers better? Many people who have special educational needs will in later life—after school—mitigate their downsides by using computers. How good are we at making sure that people are introduced early on to using this type of technology? There is no one set way of doing this. How are we looking at it? How have we worked it through? This is directly relevant to the recent experience of people having to work online.

I welcome the main thrust of these regulations. If you are going to have an inspection, it should be regular and no group should be removed. The idea that somebody has got to the top once and is not inspected again is a bit like saying in a sport that, once you have got promoted, you can stay there. It does not work. Standards can slip. Can we just have a look at what else comes here?

My Lords, I declare my interests as set out in the register. In welcoming warmly this new instrument to ensure that all schools are subject to inspection in the same way, we recognise the continuing value of inspections as a whole. I want to associate myself warmly with the comments made by the noble Baroness, Lady Massey, and the noble Lord, Lord Addington. However, although we welcome this instrument, we would also welcome the further postponing of Ofsted and school inspections, including the Section 48 inspections of schools with a religious designation, throughout the pandemic period.

As we all know, these are exceptional times and there are extraordinary levels of pressure for all, meaning we must adopt a unique approach, tailored to the circumstances. I note that where schools have been exempt for a long period they could well have a heightened sense of stress about the reintroduction of inspections, simply because it is an experience they have not had for a long period.

Considering the well-being of those working in schools should be of primary importance, all the more so given that head teachers and schools are already experiencing unusually high levels of pressure due to the pandemic. This unprecedented environment of stress and difficulty for teachers must be acknowledged by the Government in the choices they make. Therefore, I urge that consideration is given to further postponement of the resumption of the inspections regime. This would communicate an apposite awareness of the circumstances schools are facing and a necessary level of care from the Government by valuing the welfare of teachers, supporting them in their work and alleviating any undue stress.

Does the Minister agree, especially at this time when there has already been so much pain, confusion and stress caused by the pandemic, that our politics must be compassionate? We must look after those educating the nation’s children by adopting a supportive approach for schools. I ask the Minister how the skills and expertise of Ofsted staff will be used to support schools known to be most in need of improvement so that, when inspections recommence, those schools are at least operating satisfactorily and with a vision that they can become outstanding themselves.

My Lords, I declare my interest as editor of the Good Schools Guide. I congratulate the Government on their decision to bring forward this regulation. In a system with a lot of leeway given to individual schools and multi-academy trusts, inspection is a crucial way of checking on problems and of spreading good practice. The inspection corps can do neither as well as they should unless they see outstanding schools regularly, because that keeps them up with best practice and gives them a yardstick against which to measure other similar schools that are not doing as well. It gives them a fund of experience and anecdote with which they can encourage schools that they are visiting that could be better schools.

I hope that, in time, the Government will consider moving back to the old—I mean very old—system of annual, informal visits from inspectors. Things move fast. The requirements and the interests of education are not best served by four-year intervals between inspections. We are coming up to a period now where schools will have been through the shock of Covid. In various ways, they will have had to have dealt with online learning. There may be a lot of learning and a lot of change to come from that. Not to have the benefit of an experienced inspector’s visit for four years is a great waste of that opportunity.

When the Government encounter things they would like schools to come up to speed on—for example, the exemptions under the Equalities Act or the proper inclusion of black history in the curriculum—again, four years is a long time for the country to wait before the Government know whether these things are being performed, carried out or taught in the way in which they would hope.

I also think that a system of light-touch inspections—just a day or half-a-day’s visit—would give parents much more confidence in how their school was going. It would mean that small wobbles in otherwise good schools were dealt with easily, informally and quickly without the whole weight of an inspection team descending on the school. We would need fewer big inspections, and I would hope overall it would be a cheaper system.

My Lords, the arguments for and against this regulation are finely balanced—more finely balanced than some of my colleagues have suggested. When I was Minister for Schools, our principle of action was intervention in inverse proportion to success. There are so many problems that we have to confront in the education system and there is such a big problem still in the English education system of the long tail of chronic underperformance that the arguments for investing finite resources—and good inspectors are a finite resource—on schools that are clearly successful does not seem to be worth while on a cost-benefit basis.

Having said that, when I was Minister we inspected all schools and I can hardly complain that the present Government moved to a system where they exempted a whole category of schools from inspection. I supported that move at the time, as it was the direction of travel in which we were moving. It is not the case that you do just one or the other. You can tell pretty well from data what is happening to school in terms of standards. It sounds as if this decision is now firmly taken, but these things are constantly under review, particularly in this crisis.

However, I would have preferred it if we did not move to a wholesale system of devoting Ofsted resources to clearly successful and outstanding schools and did so only either when the data gave cause for concern or, crucially, where there are parental complaints. Parental complaints are always a good guide to when there are issues in a school that need external intervention. I simply say that to the Minister to bear in mind in the next iteration which will come with these regulations.

However, my bigger concern is that all this is beside the point at the moment. We are in the middle of a crisis, where no inspections are taking place, as the noble Baroness said. It is not the case that the school system will get back to normal, as we had all hoped, in a month or two; it now looks like it may not get back to normal for another year. Meanwhile, inspections closed down entirely in that period.

My Lords, it is a pleasure to follow the noble Lord, Lord Adonis, with whom I strongly agree on some things and strongly disagree on others. I strongly disagree with his suggestion of further grading of schools, but strongly agree with his suggestion about the sharing of best practice.

It might seem strange that a Peer from a party that wants to abolish Ofsted should welcome a statutory instrument ending exemption from Ofsted inspection for some schools. I speak today to do just that, for the assumptions behind the exemption were an illustration of the deep faults and failure of the philosophy that has underpinned the operation of Ofsted, and, indeed, our entire education system, for decades. At the base was the assumption that schools were competing against each other in league tables, chiefly for exam results, but also for the Ofsted ratings that were closely related to them. Schools that managed to get those results, aided by their ability to perform and show themselves to the best advantage for a day or two, could clear the bar of outstanding and then be assumed to be in a special category, able to run off into the sunlit uplands away from Ofsted.

Meanwhile, their peers that did not do so faced the regular descent of the terrifying ordeal of the inspection. I speak as a former school governor, so I have some experience of this. The price of so-called failure was often the forced loss of local control, or at least the need to fight hard to fight it off. Moulsecoomb Primary School in Brighton, which I follow closely through my noble friend Lady Jones of Moulsecoomb, whose interest in the matter is obvious, conducted a poll in which 96% of respondents were opposed to forced academisation, yet still the push continued.

This ranking and testing has been and continues to be profoundly damaging, while also—as the statutory instrument implicitly acknowledges—failing to recognise that things can go wrong in a school very quickly. Parents have been encouraged to compete, to use their knees and elbows to get their child into a school based on this magic talisman of “outstanding”, which has very little meaning and often reflects the socioeconomic circumstance of the pupils.

My Lords, I thank the Minister for her introduction, clarity and brevity, and for a helpful Explanatory Memorandum. The inspectorate has been a ubiquitous, necessary and often feared power and presence for many generations. For context, I refer to the great Education Reform Bill—the GERB, as it was called—from the noble Lord, Lord Baker of Dorking. From at least the time it became an Act, the curriculum and the inspectorate have been central.

I declare my interests. As a young person I headed a department, using chalk and blackboard. As a full-time regional official at a teachers union I served in three administrations, with responsibility for schooling and collaborating with the inspectorate, and sanctioning two special schools. I also chaired a diocesan board for schools. I never saw an inspector in my class or in my school.

With hindsight, the inspectorate should have been more robust and more active. It valued its independence. It perceived itself as a favour elite; it was superb, it wrote well and it cared. It had a low profile. Today, in a society of rapid social and economic change, the inspectorate is vital—and there is Covid-19.

I shall instance, again for context, an example of the impact of an inspection. It was of a good primary school in a working-class area. The head teacher was lively and a genuine leader. There were local problems but they were overcome. An inspection was scheduled but it was quite some weeks away. The prospect got on top of the professional staff—it was all they could think of. It was a blight. One experienced and highly regarded female class teacher in her 40s told me tearfully of her apprehension. The prospect terrified her and, without a doubt, psychologically she was broken. It was saddening to behold. In this sort of situation, an inspection can be counterproductive. This person was a valued staff member but so very obviously distressed.

Deploying the inspectorate requires constant revision, and clearly the Minister has that in mind. But I pose the question: who is for the children? It is “time irredeemable”, as the distinguished Lady Plowden once said in her caring report. The inspectorate is for the children; the head teacher is for the children; the conscientious parent, one hopes, is always for the children; and clearly the Minister is. One might therefore argue that the forces are balanced and that the Minister has decided.