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Union to consider strike action after losing legal bid against Ofsted

KANIKA SINGH RATHORE, 04/11/202504/11/2025

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A head teacher, Milan It is then prepared to consult its members on possible industrial action high court bid to challenge ofstedThe new school grading system was rejected.

The National Association of Head Teachers (NAHT), along with head teacher Barbara Middleton, have sought permission to proceed with a legal challenge against the education watchdog’s report card scheme.

high court In the judgment delivered by Mr Justice Saini it was observed that ofstedThe decision to adopt the new framework was made “following extensive consultation carried out in a procedurally valid manner”.

This dismissal occurs as follows Ofsted is preparing to introduce its new report card system on 10 November, which scrapped the single-word judgment for schools introduced earlier this year.

barrister representing Milan And Ms Middleton had argued that Ofsted’s prior consultation had “rejected” the use of “merely narrative judgements”. schools,

They also argued that the new framework failed to adequately consider the impact on staff well-being.

Paul Whiteman, general secretary of the National Association of Head Teachers, confirmed that the union will now consult with its members regarding industrial action following the court decision.

Paul Whiteman, general secretary of the National Association of Head Teachers, confirmed that the union will now consult with its members regarding industrial action following the court decision. ,PA Archive,

Responding to the decision, NAHT general secretary Paul Whiteman expressed disappointment. He confirmed that the union will now consult with its members regarding industrial action following the court decision.

He said: “Today’s decision does not detract from our legitimate and justified concerns about the harm that the new report card is causing to the mental health and well-being of school leaders and staff.

“This is a serious and fundamental health and safety issue, identified by an independent report commissioned by Ofsted itself, which has not been dealt with at all.

“Both Ofsted and the Government have failed to address the real risks posed by the new framework for school leaders.

“We will now consider an appeal and consult with our members on industrial action.”

Ofsted rescinded single-word judgments for schools after criticism of the inspection system following the death of head teacher Ruth Perry.

Ms Perry took her own life after an Ofsted report downgraded her Berkshire primary school from its highest rating of “outstanding” to its lowest rating of “inadequate” due to safety concerns.

It launched a consultation in February this year and announced the new report card scheme in September.

Changes to Ofsted inspections were brought about following the death of Ruth Perry, who took her own life after her primary school was downgraded following an Ofsted report.

Changes to Ofsted inspections were brought about following the death of Ruth Perry, who took her own life after her primary school was downgraded following an Ofsted report. ,Andrew Matthews/PA,

Under the scheme, schools will be given one of five grades – Immediate Improvement, Needs Attention, Expected Standard, Strong Standard and Exceptional – in each of six areas, with rationale provided for each grading.

Pass or fail grades will be given in relation to safeguarding, with inspections paused from 1 September to allow education providers time to prepare for the new framework.

A survey by YouGov found that almost seven in 10 parents surveyed preferred the new-look report card over Ofsted’s current inspection reports.

In court on Monday, Hugh Southey Casey, for NAHT and Ms Middleton, said Ofsted’s consultation had “at least the appearance of premeditation” and the watchdog had “rejected” the “dominant option” of a narrative-only decision.

The barrister added that both the National Education Union and the Association of School and College Leaders supported the legal challenge, saying: “All three of these unions believe that only narrative-based decisions are the right way to proceed and that they are the right way to protect wellbeing.”

Sir James AD Casey, for Ofsted, said in written submissions that he “strongly objected” to the “weak” claim, telling the court that the new scheme was a “significant advance in terms of welfare”.

Ofsted is set to launch its new inspection framework later this month

Ofsted is set to launch its new inspection framework later this month ,Lai Dike/PA,

They said: “Ofsted carefully considered: the implications of the five-point scale for well-being and workload; the relative merits of other grading schemes based on the narrative approach and well-being; and the improvements needed to reduce workload and promote well-being in general.”

In a ruling, Justice Saini said: “It is for Ofsted to decide how to conduct its inspections, in its expert judgement, taking into account the risks to the well-being of teaching staff and leaders.”

He added: “The evidence satisfies me that Ofsted’s conclusions, that a grading plus narrative approach best balances the different interests in sport, were reached after detailed consultation carried out in a procedurally valid manner and after careful assessment of the different views expressed, including consideration of welfare issues.”

Ofsted’s chief inspector, Sir Martin Oliver, said after the decision that he was “pleased” with the outcome, saying the changes would help “raise the standards of education for all”.

He said: “I am confident that headteachers will recognize that the changes are appropriate, that inspections take full account of the welfare of staff, and that the whole experience is collaborative and constructive.”

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