Ofsted to pilot new independent complaint review service

• New service comes in response to calls for greater external oversight of complaints about inspection
• Pilot marks the latest in a series of changes to the complaints process since 2023, all aimed at increasing transparency and building sector trust
• Service will be able to review schools' complaints, including concerns about the inspection process and findings

Under the pilot, state-funded schools that have complained about an inspection will be able to request a review of how Ofsted handled their complaint and for the first time whether the outcome was fair and reasonable, including where it related to the inspection process and findings.

Soon after taking up the post of His Majesty's Chief Inspector (HMCI) in 2024, Sir Martyn Oliver introduced several changes to the complaints process, including a provider helpline to help resolve concerns as they arise, a national complaints hub, and new panels, including external sector and Trade Union representatives, to scrutinise a sample of recently closed complaints.

This new pilot aims to further increase trust and confidence in the inspection system by introducing another level of independence to Ofsted's complaint arrangements. It comes in response to recommendations made by Dame Christine Gilbert's Independent learning review for Ofsted', and Sinead McBrearty's Independent wellbeing impact assessment of the revised Ofsted framework'.

Currently, schools that are unhappy with how Ofsted has handled their complaint can appeal to the Independent Complaints Adjudication Service for Ofsted (ICASO). ICASO will determine whether their complaint was handled properly by Ofsted, but it cannot consider whether the outcome of the complaint was fair and reasonable.

Under the pilot, the ICR service will have access to the original complaint and Ofsted's response. But, unlike current ICASO arrangements, the ICR will also be able to consider the original, unredacted inspection evidence to reach a view on whether Ofsted's complaint response was fair and reasonable, including aspects related to the inspection process and grades awarded.

Schools will be able to contact the ICR following the conclusion of Ofsted's internal complaints process, and after the publication of their inspection report card.

The ICR will report their findings and recommendations back to the complainant and HMCI. If they find mistakes have been made, or that Ofsted has not acted fairly and reasonably, the ICR will be able to recommend that Ofsted looks at the complaint again, including where it relates to the inspection process.

HMCI will personally consider and respond to every ICR recommendation.

If the ICR makes a recommendation around a grading decision, HMCI can set aside the published report card and arrange for a new inspection to be carried out as soon as possible. This could lead to the same, or different, grades being awarded. Under the law, only His Majesty's Chief Inspector (delegated through Ofsted's inspectors) can make grading decisions.

Sir Martyn Oliver said:

I am confident that our current quality assurance and complaints processes are robust enough to put things right in the vast majority of cases when schools have concerns about an inspection.

However, I am fully aware that this confidence is not shared by everyone in the education sector. I hope that by adding a new level of independent oversight to our complaints process we will further increase trust in the system.

I am committed to openness and transparency in everything Ofsted does, so if the new ICR service finds cases where we have not acted reasonably and fairly, I will be open to the challenge and will take appropriate action.

The new ICR service will be closely monitored and evaluated during the pilot, before a decision is taken on whether to officially implement and extend arrangements across the other remits Ofsted inspects. As part of the evaluation, Ofsted will seek feedback from complainants on how their ICRreview was handled, as well as from trade unions and the Confederation of School Trusts on how they perceive the new process.

The pilot will begin shortly and will run through the 2026/27 academic year. It will apply to complaints about school inspections, including any ongoing complaints raised by schools about an inspection this term.

Notes to editors

1. The current complaints-handling process is as follows:
   • Ofsted always aims to resolve concerns about an inspection during the inspection itself or shortly afterwards, through professional dialogue with school leaders.
   • If not resolved during the inspection, a school can submit a formal complaint about the inspection process, or challenge the inspection findings, on receipt of their draft report.
   • Publication of the report card is paused while the complaint is investigated. To ensure independence, all investigations are completed by experienced His Majesty's Inspectors (HMI) from another Ofsted region and signed off by a Senior HMI.
   • A complaint outcome letter is then sent to the school, ahead of the final report card, which is published 5 working days later.
   • If the complainant remains dissatisfied, they can seek a review of the complaint's handling by ICASO, but the report card is not withdrawn.
   • ICASO will consider whether Ofsted handled the complaint appropriately, but it cannot overturn the inspection findings.
2. The reviewing organisation will be a full member of the Ombudsman Association and must operate strictly in compliance with their high standards for case handling and impartiality.
3. Arrangements are subject to contract the award of contract is being managed by the Department for Education.