Ofsted to bring in changes to post-inspection complaints process from January, as 80 per cent back plans

A report on the consultation carried out earlier this year on the plans shows that the changes are strongly backed by the early years sector, as the inspectorate confirmed it will go ahead with the plans from January.

Overall, Ofsted said that responses to all four of its proposals in the consultation on plans to change Ofsted’s post-inspection complaints process across all its inspection areas were ‘very positive’.

There were 1,576 online responses to the consultation, which ran between June and September, and across all of Ofsted's remits around 75 per cent were in favour of all the plans.

In total, over 80 per cent of respondents supported proposals one, two and four by stating that they ‘strongly agree’ or ‘agree’. Just under 80 per cent supported proposal three. 

This strong support for the proposals was 'broadly consistent' across all the remits that Ofsted inspects and regulate. 

The plans aim to build on current arrangements to support a ‘right first time’ approach to inspections and to allow Ofsted to consider and resolve any issues during the inspection process, where possible. 

Ofsted said it would be implementing all four proposals and would update inspection handbooks and other guidance ‘in due course’.  

The inspectorate said it would like to implement these changes ‘as soon as possible’, but that the new complaints-handling arrangements would require updates to its IT systems and would therefore be implemented in two phases.

From January 2024 Ofsted will implement the first two of its proposals, which are to:

• Enhance on-site professional dialogue during inspections to help address any issues
• introduce a new opportunity for providers to contact Ofsted 

To this end, Ofsted said it would be giving all inspectors guidance ‘on developing and formalising the important discussions and professional dialogue that are essential for successful inspections.  

‘As part of all inspections, we will let providers know that they can contact us with any unresolved issues on the day after the end of the inspection visit.’  

From April 2024 Ofsted will put proposals three and four in place, which are:

• 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.
• introduce new arrangements for finalising reports and considering formal challenges to inspection outcomes 

Ofsted will introduce the new arrangements for finalising inspection reports and for considering formal challenges to inspection outcomes.

When they receive their draft report, providers will be able to highlight minor points of clarity or factual accuracy, or raise a formal complaint to seek a review of the inspection findings and judgements awarded. 

Ofsted will also remove the current internal review step in its complaints process. If complainants are concerned that Ofsted have not correctly followed its complaints-handling process, they will be able to escalate their concerns directly to the ICASO. Ofsted will also introduce the periodic reviews of closed cases, and will set up the panels with external sector representatives. 

Respondents from the early years sector were among the strongest supporters of the plans, which the National Day Nurseries Association said showed the strength of feeling in the sector.

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.’

NDNA has recently called for a review of Ofsted to ensure it is supporting child development and the early years workforce.

‘We are happy that these changes have been accepted and will be brought in quickly,' said Ziolkowski.

‘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.’

• Changes to Ofsted's post-inspection arrangements and complaints handling: report on the response to the consultation is available here