Last revised and updated: 8 October 2024 (minor clarifications to text).
These frequently asked questions (FAQs) replace our previous updates. Links in these FAQs are to the nearest paragraph to the referenced item.
Following the government announcement on 2 September 2024 that single-word or -phrase overarching school judgements have been scrapped with immediate effect, Ofsted published its response to the ‘Big Listen’ on 3 September 2024, setting out some changes to inspection arrangements.
On 16 September 2024, Ofsted republished the School Inspection Handbook and School Monitoring Handbook. These FAQs summarise the key changes.
When will inspections start this term?
Section 5 (‘graded’) inspections began from 23 September 2024.
Section 8 (‘ungraded’) inspections will begin from 7 October 2024.
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When will my school be inspected?
Determining a school’s inspection intervals is very complicated as a result of the removal of the outstanding exemption, Covid disruption and other changes to the way Ofsted operates.
The timing of your school’s inspection depends on a number of factors, including:
- the date of its most recent inspection
- the outcome of its most recent inspection
- Ofsted’s statutory duties and its policies.
To help schools understand the latest date by which they are likely to be inspected, Ofsted has published a series of tables and explanations at paragraphs 37 to 86 of the School Inspection Handbook.
This section also indicates whether your school is likely to receive a graded (full section 5) or ungraded (section 8) inspection.
We advise you to consult the tables carefully, matching your school’s circumstances to the appropriate information and table in order to identify the window for your school’s inspection.
For help with interpreting the tables, NAHT members can contact NAHT’s specialist advice team on 0300 30 30 0333 (option 1).
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Are there any changes to inspection notification?
Yes. During autumn term, Ofsted is conducting a pilot in which notification for all routine inspections will take place on a Monday only from 9.30am.
This means that school leaders will know by Monday afternoon if their school is being inspected that week.
The onsite inspection will start on Tuesday. To be clear, this means that during the pilot period, routine inspections will only take place on a Tuesday and Wednesday.
If there is a bank holiday in the week, notifications will take place on a Tuesday, with inspectors arriving onsite on Wednesday.
Note: This does not apply to monitoring visits, deferrals or emergency inspections.
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Has the school’s overall effectiveness grade been abolished?
Yes, with immediate effect. Inspectors will no longer make or report an overall effectiveness judgement on a ‘graded’ (section 5) inspection.
Schools will no longer be judged or described as being ‘outstanding’, ‘good’, ‘requires improvement’ or ‘inadequate’ overall.
Inspectors will grade and report on the four key judgements, early years and/or sixth form provision (where relevant), and will judge safeguarding as either effective or ineffective (see below).
The government has indicated that a ‘report card’ will be introduced from September 2025. Ofsted says it will consult on this in January.
NAHT has been clear that nothing less than full system reform of inspection is required and that new inspection arrangements must be devised and developed in collaboration with the profession.
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Will there still be ‘graded’ (section 5) and ‘ungraded’ (section 8) inspections?
Yes.
Ofsted will continue to conduct ‘graded’ (section 5) inspections. Inspectors will no longer make or report an overall effectiveness judgement but will report grades for the key judgements (see below).
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How is a section 5 (graded) inspection different from a section 8 (ungraded) inspection?
‘Graded’ inspections are conducted under section 5 of the Education Act 2005:
- From September 2024, inspectors will not make an overall effectiveness judgement. Schools will no longer be described as being ‘outstanding’, ‘good’, ‘requires improvement’ or ‘inadequate’ overall
- Inspectors will evaluate the full framework and will grade schools on each of the four key judgements:
- quality of education
- behaviour and attitudes
- personal development
- leadership and management
- The grades in each of these key judgements will still be ‘outstanding’, ‘good’, ‘requires improvement’ or ‘inadequate’
- Where relevant, inspectors will also make a graded judgement (using the same terms) for early years, and/or sixth form provision.
- Safeguarding will be judged as effective of ineffective.
- Inspectors will conduct ‘deep dives’ (see para 244 to 247, 262 and 266 of the School Inspection Handbook https://www.gov.uk/government/publications/school-inspection-handbook-eif/school-inspection-handbook-for-september-2023#basics-of-inspection).
'Ungraded' inspections are conducted under section 8 of the Education Act 2005:
- Inspectors will not make individual graded judgements
- The inspection focuses on ‘determining whether the school has taken effective action to maintain the standards identified at the previous inspection’ (see paragraphs 55 to 57 of the School Inspection Handbook)
- Inspectors will not conduct ‘deep dives’. Instead, they will look at three or four focus areas. In a primary school, these are likely to include early English and maths, alongside evaluation of the wider curriculum though groups of subjects
- Inspectors will usually focus on aspects of leadership and management, quality of education, behaviour and attitude, attendance, pupils’ personal development; and also staff well-being, inclusion, gaming and off-rolling (see paragraphs 157 to 160 of the School Inspection Handbook for further detail)
- The lead inspector is likely to conduct a further telephone call with the school’s head teacher/leadership some time following the educationally focused call, to agree the focus areas for the inspection
- Safeguarding is usually inspected in the same way as in a graded inspection.
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Will my school’s next inspection be graded (section 5) or ungraded (section 8)?
See also the FAQ 'When will my school be inspected?'
‘Graded’
All schools that received an overall effectiveness judgement of ‘requires improvement’ or ‘inadequate’ before September 2024 will receive a graded inspection
See paragraphs 53 to 54 of the School Inspection Handbook.
‘Ungraded’
- ‘Many’ schools graded ‘outstanding’ or ‘good’ before September 2024 will receive an ungraded inspection
- ‘Usually’ an ungraded inspection is followed by a further ungraded inspection at about a four-year interval
- An ungraded inspection can be ‘deemed’ a section 5 inspection, in which case inspectors will make graded judgements for the key areas and any early years or sixth form provision.
- Emergency inspections are usually conducted under section 8 and then ‘deemed’ to be a section 5 inspection.
See paragraphs 55 to 57 of the School Inspection Handbook.
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Will school leaders be kept informed of the emerging judgements of inspectors?
Yes. Paragraph 136 of the School Inspection Handbook requires the lead inspector to hold regular meetings throughout the inspection to:
- ‘provide updates on emerging issues, including initial general findings about the quality of education, and to enable further evidence to be provided’
- ‘allow the headteacher to raise concerns, including those related to the conduct of the inspection or of individual inspectors’
- ‘alert the headteacher to any serious concerns’.
If by the end of the first day of inspection or during day two it is possible that the school may have serious weaknesses or require special measures. Paragraphs 166 to 167 state the lead inspector:
‘…must make the school’s leadership aware of this. The lead inspector must also ring Ofsted’s duty desk.’ [NAHT emphasis]
See also paragraph 136, which states:
‘…inform the headteacher if, by the end of day 1 or during day 2, there is emerging evidence that a key or provision judgement is likely to be graded as requires improvement or inadequate. The lead inspector must emphasise that final judgements are not made until the final team meeting at the end of day 2.’
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Can schools still be judged to require special measures or require significant improvement?
Yes. The definition of a school causing concern, which is set out in primary legislation, remains unchanged, even though Ofsted will no longer make and report an overall effectiveness judgement.
There are two categories of schools causing concern. These are a school requiring:
- Special measures – this is defined as a school that is:
- failing to give its pupils and acceptable standard of education, and
- the persons responsible for leading, managing or governing the school are not demonstrating the capacity to secure the necessary improvement in the school
– both aspects must be met
- Significant improvement – this is defined as a school that does not meet the definition for special measures, but is performing significantly less well than it might in all the circumstances reasonably be expected to perform
Ofsted refers to this as ‘serious weaknesses’.
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How will inspectors decide if a school is causing concern and requires either special measures or significant improvement?
If any key judgement is inadequate and/or safeguarding is judged to be ineffective on a graded inspection, the school will be placed in a category of concern. See paragraphs 190 to 195 of the School Inspection Handbook.
Ofsted states that a school is likely to be inadequate under a particular judgement if one or more of the inadequate criteria applies.
Ofsted defines ‘capacity to improve’ as being the defining difference between a judgement of serious weaknesses and special measures (see paragraphs 193 to 194 of the School Inspection Handbook.
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If a school is deemed to be a school causing concern, will this lead to intervention?
The secretary of state said that intervention powers will be used for schools whose performance is causing the most serious concern (which would have previously been rated ‘inadequate overall’)
Where a maintained school meets the definition of a ‘school causing concern’ the secretary of state has a legal duty to make an academy order. This duty is unaffected by the removal of the overall effectiveness grade. The secretary of state will also retain powers to terminate the funding agreement of an academy school which is causing concern where it is already an academy
Legislation does allow the secretary of state to exercise discretion to revoke an academy order, although current statutory guidance guidance regarding the use of this power is quite inflexible.
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What happens if a school receives a key or provision judgement of ‘requires improvement’?
Ofsted states that a school with one of more judgements of ‘requires improvement’ may be subject to monitoring (paragraph 189, school inspection handbook).
Ofsted’s monitoring inspection handbook sets out circumstances when a school will not normally be monitored at paragraph 51.
Schools that are monitored usually receive a single monitoring inspection within 14 months of the most recent graded inspection and are receive a graded inspection within 2.5 years after the publication of the previous graded inspection report. See paragraphs 52 to 55 of the monitoring inspection handbook for further detail.
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Will a school that has already received an academy order, or termination notice, as a result two of consecutive ‘less than good judgements’ continue to convert to become an academy/be transferred to a new trust?
The process will continue for schools that are due to convert, or be transferred to a new trust, by 1 January 2025.
For schools due to convert or transfer after 1 January 2025, the government has indicated that its approach will change. It will put in place support for these schools from another high-performing school.
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My school’s last inspection outcome was ‘requires improvement’. What happens at the next inspection if my school receives one or more ‘requires improvement’ key judgements?
The secretary of state has indicated that a school that was previously judged as below ‘good’ that receives a subsequent ‘requires improvement’ (grade 3) key judgement for leadership and management, or quality of education, at its next Ofsted inspection will be eligible for support.
The Department for Education (DfE) is in the process of establishing new regional improvement teams. In the interim, it has published a school improvement offer, setting out support available to eligible schools and trusts.
This states that a school will receive support if it meets one of the following criteria:
- it had an overall effectiveness grade below ‘good’ before September 2024, is reinspected between September 2024 and the end of February 2025, and receives a requires improvement key judgement in either the leadership and management or quality of education areas
- it is judged to be ‘causing concern’ between September 2024 and February 2025 (current legislation also requires the secretary of state to make an academy order, although there are powers revoke this – see 'If a school is deemed to be a school causing concern, will this lead to intervention?'
- it was previously eligible for intervention under the former ‘2RI+’ policy [which was applied to any school with two consecutive below good judgements], but the plans for structural intervention were not well advanced.
In these circumstances, the school will receive 10 days’ support from a system leader, normally a CEO of a ‘high-quality MAT’ supported by their wider team, or a national leader of education (NLE). Eligible schools that are part of a MAT will usually receive support at a trust rather than school level.
The secretary of state has been clear that she intends to retain powers of intervention, which she will use where she deems appropriate. However, the DfE has also emphasised that:
‘…where schools are identified as struggling, government will prioritise rapidly getting plans in place to improve the education and experience of children, rather than relying purely on changing schools’ management.’
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What will inspectors check on the single central record (SCR) for maintained schools and academies?
Ofsted has provided more information about what inspectors will check during an inspection at paragraphs 34 to 36 of the School Inspection Handbook. Note that references to the SCR are woven throughout the handbook.
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What impact does the safeguarding judgement have?
Minor issue or errors
Safeguarding can be judged as effective if there are minor safeguarding issues that do not put children at risk. Paragraph 409 of the School Inspection Handbook states:
‘Inspectors may identify minor improvements that need to be made to the school’s safeguarding practices during inspection, such as administrative errors in paperwork or out-of-date policies. Some of these improvements may be rectified easily before the end of the inspection. Where this is the case, inspectors will have a constructive and professional conversation with leaders so that the school has every chance to make these minor improvements. Where minor improvements are required but these are not able to be resolved before the end of the inspection, if the school has taken steps to resolve the issue, the school can still be judged effective for safeguarding. Importantly, any minor improvements that need to be made, while strengthening safeguarding practice, will not have an immediate impact on the safety of pupils.’
Ineffective safeguarding
Ofsted states that safeguarding is ineffective when there are:
‘…serious or widespread failures in the school’s safeguarding arrangements. The school’s arrangements for safeguarding pupils do not meet statutory requirements, or they give serious cause for concern, or the school has taken insufficient action to remedy weaknesses following a serious incident. Ineffective safeguarding will always mean that a school is placed in a formal category of concern.’
Ofsted provides an ‘inexhaustive list’ of examples that may constitute ineffective safeguarding at paragraph 411 of the School Inspection Handbook.
Suspension of inspection where safeguarding is likely to be judged ineffective
From September 2024, Ofsted is piloting new arrangements for schools where inspectors consider that safeguarding is likely to be judged ineffective, but the school would otherwise have been graded ‘good’ or ‘outstanding’ for all other judgements:
- If inspectors consider leaders are capable of resolving the issues identified with safeguarding within three months, the inspection will be ‘suspended’ to give the school an opportunity to resolve the issues
- The suspension means that the school will not be placed in a category of concern and an inspection report will not be published, because the inspection has not been completed
- Ofsted will provide a letter for the school to circulate to parents explaining why the inspection has been suspended, and that inspectors will return within three months to complete the inspection, after which additional evidence will be gathered and an inspection report will be published
- If the school does not agree to circulate the letter to parents, Ofsted will not suspend the inspection and the school is likely to be placed in a category of concern due to ineffective safeguarding arrangements.
Circumstances where an inspection will not be suspended
The inspection will continue as normal:
- if a school’s safeguarding arrangements were likely to be judged ineffective and notwithstanding the safeguarding elements the school would have at least one other judgement graded ‘requires improvement’ or inadequate
- if there are no ‘wider concerns’ but inspectors judge that there is no realistic prospect that leaders are capable of resolving the safeguarding issues identified within three months.
- if the school declines to circulate Ofsted’s letter to parents explaining the reasons for the suspension of the inspection (see above).
The safeguarding information that inspectors will require on arrival to the school is set out at paragraphs 113 to 114 of the School Inspection Handbook.
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Who can the inspection outcome be shared with?
Paragraph 165 of the School Inspection Handbook (bullet two) states:
‘…We expect leaders to share the inspection outcome and findings with whoever they deem appropriate. They should be shared with governors or trustees, irrespective of whether they attended the meeting (and irrespective of what other role they may hold (for example, a teacher governor). Leaders may also share inspection outcomes, in confidence, with others, not involved in the school. This may include leaders’ colleagues, family members, medical advisers and/or their wider support group. However, the information should not be made public or shared with parents.’’ [NAHT emphasis]
All inspection outcomes are provisional until the final report is received.
Paragraph 177 confirms that Ofsted expects leaders to share the final report containing:
'… the inspection outcome and findings with governors or trustees and whoever they deem appropriate.’ [NAHT emphasis].
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What should I do if I have concerns or a complaint during an inspection?
Ofsted has shown a greater willingness to engage and learn from complaints in recent months. The section ‘Schools raising concerns’ at paragraphs 11 and 12 of the School Inspection Handbook states:
‘11. If a school has any concerns about an inspection, including about inspectors’ conduct or any potential or perceived conflicts of interest, they should be raised at the earliest opportunity with the lead inspector. Concerns can be raised at any point during the inspection, including (but not limited to):
12. Any concerns will be taken seriously, and the act of raising the concern will not impact inspection findings or how a school is considered by Ofsted. If it is not possible to resolve concerns with the lead inspector, the school or responsible body should follow the steps set out in Handling concerns and complaints.’
NAHT advice: concerns and complaints are more likely to be satisfactorily resolved if raised during the inspection, and before the final feedback meeting. Do not wait until after the inspection, or until you receive the draft report, to raise a concern or complaint. Once written, it is notoriously hard to secure amendments to a report.
Remember that inspectors are expected to keep you informed about the likely inspection outcomes as the inspection progresses (see paragraph 136 of the School Inspection Handbook).
The majority of inspections are conducted in a professional manner. However, there are circumstances where inspectors’ conduct falls far short of expected professional standards and Ofsted’s code of conduct.
NAHT is clear that there are no circumstances where it is acceptable for an inspector to behave in a hectoring, bullying or threatening manner towards any member of school staff, including the head teacher.
Inspectors are under time pressure to complete evidence gathering and evaluation. However, time pressure is never an excuse for poor conduct, nor should evidence gathering be rushed or curtailed, or school staff placed under unreasonable pressure in order to complete the inspection within the inspection tariff. You and your staff should be allowed to present and articulate evidence that you believe to be relevant to the inspection.
Inspectors should be mindful of the mental health and well-being risks that are associated with a high-stakes inspection event, and take steps to mitigate those risks.
Ofsted is required to ensure that inspectors collect and weigh sufficient evidence to deliver findings and judgements that are secure, so that the inspection report provides an accurate picture of the quality of education provided by a school.
You are entitled to raise concerns or complaints. This might be about, for example: the conduct of the inspectors, the completeness of their evidence gathering, the security and accuracy of emerging inspection findings, or the judgements they are communicating.
- Speak to the lead inspector at the earliest opportunity. Keep a note of the concerns raised, and of the inspector’s response
- If the problem can’t be resolved, set out the issue on headed notepaper in brief bullet points. Ask for a meeting with the lead inspector, hand them your note and have a witness to record any comments
- The inspector should pause to consider your complaint and respond to it. They may seek advice from senior HMI at Ofsted
- Ofsted’s new complaints guidance https://www.gov.uk/government/publications/complain-about-ofsted/complain-about-ofsted-for-events-that-took-place-after-4-april-2024 also provides for school leaders to telephone Ofsted to speak to a senior HMI during an inspection (or on the next working day) to seek informal resolution, if it has not been possible to resolve an issue with the lead inspector. The telephone number should be provided to you during the initial telephone calls with the lead inspector, the day before the onsite inspection begins. NAHT recommends that you also seek advice from the NAHT specialist advice team, if required
- If the problem persists, it may be appropriate to request that the inspection is formally paused, particularly where there are serious conduct issues, and/or where the relationship with an inspector or the inspection team has broken down. If this is the case, contact NAHT’s specialist advice team immediately on 0300 30 30 333 to speak to our expert advisor
- Since May 2024, Ofsted has introduced procedures to pause an inspection. Decisions will be made on a case-by-case basis, but Ofsted lists the following circumstances as being likely examples of ‘exceptional circumstances’ that might lead to a ‘pause’ being granted:
- ‘circumstances that compromise [Ofsted’s] ability to gather sufficient evidence to reach valid and reliable judgements, and/or where leaders in the provider require support (for example from their employer), which may be due to concerns about the well-being of leaders
- any other major incident that has a significant effect on the routine day-to-day running of the provision
- any major incident that has a significant effect on the running of the inspection
- A ‘pause’ can be requested through the lead inspector, or where that is not possible (for example where the lead inspector or inspection team is the reason for the requested pause) by contacting Ofsted through the telephone number provided with the inspection notification documents.
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Making a formal complaint about an inspection or inspection report
Ofsted has changed its complaints processes. There is now a single-stage process for formal complaints (the second stage ‘internal reviews’) have been discontinued.
Ofsted aims to send the draft inspection report to a school within 18 working days of the end of the inspection (the timeline is longer for schools causing concern (that is ‘serious weaknesses’ or ‘special measures’).
If you are dissatisfied when you receive the draft report, you have five working days in which to:
- Seek minor corrections to improve the factual accuracy or clarity of the report. Ofsted will consider these points and respond when sending the final report to the school, normally within 30 working days. In many cases it is possible to resolve minor factual errors or matters of factual accuracy by pointing these out to Ofsted
and/or
- Submit a formal complaint seeking a review of the inspection process, judgements, or outcomes. A formal complaint might also be about the conduct of inspectors and the inspection. If you believe that the inspection judgement is ‘insecure’ or unreliable, this is the time to make a formal complaint, explaining why inspectors have failed to gather sufficient evidence, misinterpreted evidence, or placed too much emphasis on a single piece of evidence of aspect of inspection. As long as the formal complaint is submitted within five working days of receipt of the draft report the inspection report will not be published, until the complaint has been investigated and the school has received Ofsted’s full written response.
Note carefully: Ofsted will not normally consider a request for corrections or a complaint about an inspection unless the request or complaint is submitted within the five-day window.
Ofsted’s revised complaints procedure is described at paragraphs 177 to 180 and 184 to 185 of the School Inspection Handbook and is available in full on this page. It includes the following diagram, describing how the procedure works:
NAHT’s specialist advice team can advise you on how to make a clear and precise complaint.
Paragraph 165 states that at the final feedback meeting at the end of the second day of the inspection, the lead inspector must ensure that all attendees are clear:
‘…about the key findings from the inspection. The lead inspector must give sufficient detail to enable all attendees to understand how judgements have been reached and for governors / trustees to play a part in beginning to plan how to improve.’
This includes:
‘…for graded inspections, about the provisional grades awarded for each key judgement and any provision judgement. They will also ensure that schools understand that the grades are provisional and so may be subject to change as a result of quality assurance procedures or moderation.’
Paragraph 175 states:
‘The findings in the report should be consistent with the feedback given to the school at the end of the inspection.’
If there are significant discrepancies between the lead inspector’s final feedback and the draft inspection report you receive, you can challenge this. Examples might include:
- changed judgements without compelling or adequate explanation
- new or additional areas for improvement that do not chime with final feedback
- the inclusion of new evidence that was not referred to by the lead inspector during the inspection
- statements for which you believe are not underpinned by evidence
- significant factually inaccuracies.
Browne Jacobson is producing a revised practical guide for NAHT members to help them challenge Ofsted inspections, which we will make available as soon it’s published.
It’s worth saying that the majority of inspections do run smoothly and are staffed by skilled, professional inspectors. But when inspections go wrong, NAHT expects that your concerns and complaints will be taken seriously, and that mistakes, insufficient evidence and inaccurate statements and judgements will be recognised and corrected.
There is now no second stage (‘internal review') for a school that is unhappy with the outcome of a complaint. To escalate the complaint further the school would have to refer it to the ICASO service for Ofsted or consider a legal challenge. Note that raising a complaint through the ICASO will not halt the publication of the inspection report. However, members should always approach NAHT’s specialist advice team for advice where a complaint is not satisfactorily resolved by Ofsted.
Further options to see legal remedy, including through judicial review, may be possible. To take this route a school would require comprehensive legal advice and full understanding of the possible costs and risks of pursuing such actions.
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Can I ask for reasonable adjustments to the inspection process for me, my staff or my pupils?
Yes. NAHT has pressed relentlessly for Ofsted to recognise the need for, and make, reasonable adjustments to the inspection process when required.
The lead inspector should invite you to consider whether any reasonable adjustments might be appropriate, helpful or necessary during the inspection when you are notified of the inspection.
In addition, during the planning or educationally focused conversation, you should again be given the opportunity to state whether you, your staff or your pupils require any reasonable adjustments to the inspection process for those with a disability. You should also be given the opportunity to state whether any other adaptations to the inspection process are required to take account of any other protected characteristics.
The need for adaptations could apply to any aspect of the inspection process, including, for example, the pre-inspection educationally focused telephone conversation itself.
If you have any difficulty in securing appropriate reasonable adjustments, you should raise this as a concern immediately – do not wait until the end of the inspection. We recommend that you follow NAHT’s guidance above on raising concerns or complaints.
Members are advised to seek immediate advice from NAHT’s specialist advice team if the issue cannot be satisfactorily resolved. In exceptional circumstances it may be appropriate to seek a formal pause to the inspection (see above) – NAHT will assist you if you need to take this step.
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Contact NAHT’s specialist advice team on 0300 30 30 333 if you need further information or advice.
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