Fears that schools could ‘game’ Ofsted
THE INFORMATION Commissioner’s Office (ICO) has rejected an appeal by the JC against Ofsted’s refusal to release notes of inspections of Charedi schools on grounds including a concern that the material could help other schools game the system.
The JC had wanted to see copies of inspectors notes relating to the school’s compliance with equality requirements.
But Ofsted successfully argued that the release of the information could hinder inspections of other schools.
In late 2018, the JC asked for notes relating to five Charedi schools which had passed their equality requirements at their most recent inspections — at a time when many other Charedi schools were experiencing problems with the inspectorate in this area.
When Ofsted initially turned down the request, the JC asked it to review its decision and after further rejection, then appealed to the ICO.
But the ICO accepted Ofsted’s argument that the published inspection reports were sufficient.
In her decision, Pamela Clements, ICO group manager, cited Ofsted’s fears that releasing further material could help other schools to game the inspection system.
It would “enable a school in the future to take steps to imitate the sentiments expressed by schools praised by inspectors, without necessarily meaningfully enacting these sentiments,” the inspectorate had argued. “They could also avoid making the statements expressed by schools who were subsequently criticised by inspectors.”
Ms Clements accepted that “some schools would be likely to use the detail of the inspectors’ written reports to present the school in a way that they consider is likely to be favourable to Ofsted, but which is not a true representation of those schools.
“This would make Ofsted inspectors’ job more difficult; harming and frustrating the regulatory process.”
Ofsted was also worried about pressure being put on schools by religious groups. The inspection service was “aware that religious groups or activists do have a desire to use Ofsted inspection evidence to challenge schools that are complying with the regulations,” Ms Clements wrote.
“If schools became fearful about complying with legal requirements, then this would, in Ofsted’s view, cause obvious damage to the regulatory process.”
The JC had argued that in light of the growing debate about teaching LGBT issues in schools there was a public interest in revealing the information.
THE JC’S Freedom of Information request for details of inspections of Charedi school is partly academic now because of a change in educational guidelines. But it relates to an issue that continues to create problems for strictly Orthodox schools.
As part of its counter-extremism policy, the government introduced requirements for schools to teach respect for other people. Guidance for independent schools added they should “pay regard” to the characteristics of people protected from discrimination under equality law.
These “protected characteristics” include sexual orientation and gender reassignment. Charedi leaders insisted their schools could not talk about LGBT people in class but that the guidelines in any case did not specify that all protected characteristics had to be covered.
Ofsted thought differently, understanding the Department for Education’s guidelines to mean all protected characteristics.
So the JC wanted to see how some Charedi schools passed the equality test — bearing in mind rabbis’ opposition to the inclusion of LGBT issues.
Since our FOI request, the guidelines were changed last spring to make clear that all protected characteristics should be covered.
However, the revised guidelines also allow the schools discretion in deciding when certain topics are “age appropriate” for their pupils. A similar provision is part of the guidance on the new relationships and sex education curriculum which comes into effect later this year.
But who gets to decide what is age appropriate? There appears to be a difference between government guidelines and Ofsted’s interpretation.
The DfE’s advice to parents on RSE, for instance, says that secondary schools “should cover” LGBT content. Primary schools are “strongly encouraged and enabled to cover LGBT content when teaching about different types of families.”
In other words, primary schools may be encouraged to teach this but it is not compulsory.
However, Ofsted inspectors are continuing to criticise Charedi primary schools for not including LGBT issues.
It is surely ridiculous for the government to give schools the flexibility to decide what is age appropriate but allow Ofsted in effect to take the decision out of their hands.
Education Secretary Gavin Williamson should surely step in and sort this out.
Religious groups have a desire to use Oftsed to challenge schools that comply’