Union to consider industrial action after losing legal challenge against Ofsted

The leader of a head teachers’ union has said it will consult its members on industrial action after its bid to bring a legal challenge against Ofsted over plans to grade schools through report cards was dismissed at the High Court.

The National Association of Head Teachers (NAHT), along with head teacher Barbara Middleton, sought the green light to proceed with a challenge against the watchdog at a hearing on Monday.

Ofsted scrapped single-word judgments for schools in 2024 and unveiled the new report card scheme earlier this year, with the framework due to come into effect on November 10.

Barristers for the union and Ms Middleton told the High Court that Ofsted’s consultation had “ruled out” the use of “narrative-only verdicts” on schools and that the new framework failed to consider the impact on staff wellbeing.

In a ruling, Mr Justice Saini dismissed the claim, finding the decision to adopt the new scheme was reached “after a detailed consultation conducted in a procedurally lawful way”.

Responding to the decision, NAHT general secretary Paul Whiteman said the ruling was “disappointing” and that it would consult members on industrial action.

He said: “The decision today doesn’t detract from our valid and reasonable concern about the damage to the mental health and wellbeing of school leaders and staff of the new report cards.

“This is an acute and basic health and safety issue recognised 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 very real risk posed by the new framework to school leaders.

“We will now consider an appeal and will be consulting our members on industrial action.”

Ofsted scrapped 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, “inadequate”, over safeguarding concerns.

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

Under the scheme, schools will be given one of five grades – urgent improvement, needs attention, expected standard, strong standard and exceptional – in each of six areas, with reasoning provided for each grading.

A pass or fail grade will be given in relation to safeguarding, with inspections paused since September 1 to allow education providers time to prepare for the new framework.

A poll by YouGov found almost seven out of 10 parents surveyed preferred the new-look report cards to Ofsted’s current inspection reports.

In court on Monday, Hugh Southey KC, for the NAHT and Ms Middleton, said there was “at the very least an appearance of pre-determination” in Ofsted’s consultation and the watchdog had “rejected” the “key option” of narrative-only verdicts.

The barrister continued that the National Education Union and the Association of School and College Leaders both supported the legal challenge, stating: “All three of these unions believe that narrative-only verdicts are the correct way forward and they are the correct way of safeguarding wellbeing.”

Sir James Eadie KC, for Ofsted, said in written submissions that it “vigorously opposed” the “weak” claim, telling the court that the new scheme was a “considerable upgrade in terms of wellbeing”.

He said: “Ofsted considered, carefully: the wellbeing and workload implications of the five‑point scale; the relative merits of the narrative approach and other grading schemes, including on wellbeing grounds; and the reforms necessary to reduce workload and promote wellbeing more generally.”

In a ruling, Mr Justice Saini said: “It is for Ofsted to decide how to conduct its inspections in the way which, in its expert judgment, is most effective, while taking account of the risk to the wellbeing of teaching staff and leaders.”

He continued: “The evidence satisfies me that Ofsted’s conclusions, that a grading plus narrative approach best balances the different interests at play, was reached after a detailed consultation conducted in a procedurally lawful way and after a careful assessment of the various views expressed to it, including consideration of wellbeing issues.”

Sir Martyn Oliver, Ofsted’s chief inspector, said following the ruling that he was “pleased” with the outcome, stating the changes would help to “raise standards of education for all”.

He said: “I have every confidence that headteachers will recognise the changes are fair, that inspection takes staff wellbeing fully into account, and that the whole experience is collaborative and constructive.”