The National Association of Head Teachers (NAHT) is preparing to consult its members on possible industrial action after its High Court challenge against Ofsted’s new school grading framework was dismissed.
The union, along with head teacher Barbara Middleton, had sought permission to challenge Ofsted’s introduction of a new report card system, which replaces single-word school ratings with a broader grading approach.
However, the High Court ruled against the claim. Mr Justice Saini found that Ofsted’s decision to implement the new framework was reached “after a detailed consultation conducted in a procedurally lawful way”. The decision clears the way for Ofsted to roll out the new system from 10 November.
Barristers representing the union argued that Ofsted’s earlier consultation had “ruled out” the use of “narrative-only verdicts” and failed to properly assess the impact of the new system on staff wellbeing.
Following the ruling, NAHT general secretary Paul Whiteman expressed his disappointment and confirmed that the union would now 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.”
Mr Whiteman added: “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.”
The dispute follows significant criticism of Ofsted’s previous inspection system after the death of head teacher Ruth Perry, who took her own life following an inspection that downgraded her Berkshire primary school from “outstanding” to “inadequate”.
In response, Ofsted scrapped single-word judgments and launched a consultation earlier this year. The resulting report card scheme will grade schools in six categories ranging from “urgent improvement” to “exceptional”, with additional narrative reasoning provided.
A YouGov poll found that nearly seven in ten parents preferred the new report card system to the old one.
During the hearing, barrister Hugh Southey KC, representing NAHT and Ms Middleton, argued there was “at the very least an appearance of pre-determination” in Ofsted’s consultation process. He also said that the watchdog had “rejected” the “key option” of narrative-only verdicts supported by major teaching unions.
However, Ofsted’s counsel, Sir James Eadie KC, described the legal claim as “weak”, stating that the new approach 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 his final ruling, Mr Justice Saini stated: “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.”
Sir Martyn Oliver, Ofsted’s Chief Inspector, welcomed the ruling, saying he was “pleased” with the outcome and confident that the new framework would “raise standards of education for all”.
He added: “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.”
