Category: OFSTED

OFSTED held a webinar on Inspection and Governance in December 2022.

It explained the questions OFSTED will ask governors, which governors should attend the inspection and offered advice on how boards can fulfil their roles.

Below you can find the video and my summary of the most useful points made. I have also created a pdf transcript of the whole video which includes the substantive slides. This can be downloaded below and shared with colleagues.

Download OFSTED Inspection and Governance Webinar December 2022 (.pdf)

OFSTED Inspection and Governance Webinar: Summary of Key Points

Note: The following paragraphs are direct quotes from the webinar. Wording in bold highlights points I think are particularly useful.

Understanding Governance

Inspectors will look at the school’s website as one of the first activities they do, often before they even contact a school or have spoken to the Headteacher. The information that’s available on a school’s website can really help a lead inspector understand how a school’s governance is structured.

For example if you are part of a multi-academy trust then certainly inspectors will be looking for example for the scheme of delegation, so that document that outlines what different levels of governance, if there are different levels within the trust, are responsible for.

We try to make sure that the arrangements ensure as many people come and meet with inspectors as possible. We recognise that that’s not always possible and sometimes while a face-to-face meeting is always preferable it might be that lead inspectors have to pick up the phone and speak to the Chair of Governors for example.

The other element we discuss is obviously that invitation to the wider governing body, not just those that we’ve managed to speak to throughout the course of the process but every governor can come and listen to the final feedback meeting which comes at the end of the usually two-day process.

What is effective governance?

It’s important to note that when inspectors are looking at statutory duties they’re not just checking compliance, they’re seeking to ascertain how governors ensure that the school is compliant.

For example we wouldn’t expect governors to be checking the school’s single central record of recruitment checks themselves, we’d look to see whether they’re seeking assurance from the school that they’re keeping it up-to-date and that the Designated Safeguarding Lead is carrying out their duties.

The initial notification call is made by the inspection support team. They also send a list of information that schools must make available to inspectors by eight o’clock on the first day of the inspection on site and part of this is strategic documents about the school.

So examples for maintained schools are minutes of governing body meetings. For academies, minutes of trust board meetings and any other relevant strategic documents about governance or the trust that the school may have.

Our inspectors look at the documents to triangulate how governors carry out the three core functions and their statutory duties. The documents don’t need to be in any specific format, they can be digital or paper. What I would say is time is limited, we wouldn’t want to see the last 12 copies of governing body minutes; one, two or three is quite sufficient.

Some examples of how a trustee or governor fulfils their role:

• by governors addressing a range of educational issues within the school including disadvantaged pupils, pupils who’ve got special needs, staff workload and teacher recruitment (you could be asked about all of these, we could read about them in your minutes)
• checking on the school’s performance, looking at data when where necessary to ask questions about standards and having challenging conversations with school leaders about the school. Just because OFSTED doesn’t look at internal data doesn’t mean that governors shouldn’t be looking at it. Governors need to review performance data in key areas to ensure that they have an oversight of the school
• governors need to engage with pupils, staff, parents and the school community.
• in your governance meetings think about the information you access, what is it telling you and what else do you need to understand about what is going on in your school.

Meeting Governors On Inspection

We will encourage the school to invite as many governors or trustees as possible to meet inspectors during the inspection. We like to meet governors as part of a group but again we’ll be flexible according to governor availability.

What inspectors are doing, we’re wanting to explore how governors carry out the individual functions, so we might be asking questions such as:

• how do you ensure that the core functions of governance are carried out effectively in your school?
• what is your strategic vision for your school?
• how do you hold executive leaders to account?
• how do you ensure that this school complies with its statutory duties?

So we’re wanting to know how governors ensure that the right things happen. We’re wanting to know about those processes that are in place, how you know what’s working well in your school.

It’s worth us saying that the single central record is part of the statutory duties and when it comes to those statutory duties we expect governors to perform a strategic function not an operational one.

So the governors’ duty is to make sure that the processes are happening and that the school is fulfilling its duties, but it’s not the governors’ role to actively maintain a single central record for themselves. Governors need to assure themselves that it is being kept up-to-date and it is compliant, but they are not the ones responsible for actually doing so.  

For example governors might assure themselves that these things are happening by regularly talking to leaders about the processes they go through and how leaders themselves ensure that the records are up-to-date. It’s the strategic level that governors are responsible for.

Questions From Viewers

What are the key documents governors need to look at to prepare for inspection?

We do not expect anybody no matter what role you play within your school to produce something solely for OFSTED. So please don’t have reams of documentation in files that sit on a shelf and often gather dust just waiting for that time when an inspector might call.

Because actually we want to know what do you find most useful as governors, what is it that you use day to day, week to week to support you in your role in holding leaders in school to account.

Something that is a really effective bit of evidence is the Headteacher’s report to governors, because governors you’re in charge of that and what goes into that so that’s a really good bit of evidence for us to have a look at, it’s got lots of information in.

Then we see the questions in the minutes that you’ve asked of the Headteacher and senior leaders, really effective.

In terms of the role of a governor in an inspection it’s essentially one meeting you’re requested to attend, a 30- to 40-minute meeting which is a discussion. So the inspector will be coming with questions that they want to ask in terms of what they’ve seen around the school, what they’ve already spoken to leaders about.

They’ll be coming with that list of the three key functions and the effectiveness of governance and it is essentially a conversation about exploring all of those elements with you. Other than that there isn’t other than attending feedback if you can make it and the option is always there, there isn’t anything else that you need to do as a governor or a governing body.

We look at minutes, but that’s just to get a sense of what you’ve discussed previously and if inspectors have managed to look at those minutes before they meet with you then you can expect some questions around, oh it was interesting that I noticed that in your last meeting you challenge the Headteacher about…can you just tell me a little bit more about why you did that, what’s happened as a result.

It’s preparing for that conversation and being confident that you know the school as a governor, you know the priorities that the Headteacher is setting because hopefully they’ve shared and agreed them with you.

Then you can evidence the influence that you’re having in terms of why you’re asking the Headteacher a particular question, why you’re asking for a particular piece of evidence and therefore what you’ve done with that and hopefully what has come from that as an impact or as a result.

Please do not worry that you may say the wrong thing because actually it takes quite a bit of evidence to tip an inspection judgement one way or the other.

The inspector will invite as many governors as possible (not just the chair of governors/trustees) to attend a meeting at the school to discuss their roles and responsibilities and the impact they have had.

If the chair cannot attend in person a phone call will be arranged.

“The lead inspector will make arrangements for a meeting with the chair of the governing body or, if appropriate, the chair of the board of trustees and as many governors/trustees as possible. Inspectors will also ask the school to invite as many governors/trustees as possible to attend the final feedback meeting.”

School Inspection Handbook

“As many governors or trustees as possible are invited to meet inspectors during an inspection. An inspector may talk to the chair of governors by telephone if s/he is unable to attend a face-to-face meeting with the inspector in school.”

OFSTED inspection myths

Inspectors will study governing body minutes to see evidence of challenge, support and actions taken. They will look at the school improvement plan, governor visit reports and any action plans governors have written.

A school could also provide evidence of training governors have received and any skills audits or self-evaluations they have undertaken. At the end of the inspection all governors are entitled to attend a feedback meeting to hear the inspectors’ judgements.

OFSTED explain how they inspect schools in the document Education Inspection Framework, which applies to all maintained schools and academies. A longer document, the School Inspection Handbook, sets out the criteria that inspectors use to make judgements.

The school will be given an overall judgement of Outstanding, Good, Requires Improvement or Inadequate, plus judgements in four key areas: quality of education, behaviour and attitudes, personal development and leadership and management. A judgement on governance will be made within the leadership and management section.

In a standard full section 5 or shorter section 8 inspection OFSTED will call the school the day before they arrive, although “no-notice” inspections can be made (with about 15 minutes’ notice given in practice) if there are serious concerns about the school such as safeguarding or very poor leadership and governance.

Can OFSTED see confidential minutes?

Yes. OFSTED have the right to see confidential governing body minutes under section 10 of the Education Act 2005.

“When inspecting a school under section 5 or 8, the Chief Inspector has at all reasonable times a right to inspect, and take copies of, any records kept by the school, and any other documents containing information relating to the school, which he considers relevant to the discharge of his functions.”

Education Act 2005

Inspectors will examine how governors are carrying out each one of their three core functions – to set the strategic direction, ethos and vision of the school, to hold the headteacher to account for the educational performance of the school and to oversee the budget and finances.

They also check that all statutory duties are being fulfilled, for example by examining the procedures for safeguarding, as well as looking for evidence that the governing body is actively improving the school.

This is what inspectors are looking for when examining governance:

“Those responsible for governance understand their role and carry this out effectively. They ensure that the provider has a clear vision and strategy and that resources are managed well. They hold leaders to account for the quality of education or training.

“They ensure that the provider fulfils its statutory duties, for example under the Equality Act 2010, and other duties, for example in relation to the Prevent strategy and safeguarding, and promoting the welfare of learners.”

Education Inspection Framework

“Inspectors will seek evidence of the impact of those responsible for governance.”

School Inspection Handbook

What questions will OFSTED ask governors?

There is no set list of questions as inspectors will ask about the issues your particular school is facing and how governors are tackling them. However, in a blog post OFSTED shared some general questions that governors and trustees may be asked during inspections. 

• What is the vision for the school is and how is this shared?
  
• What are the strengths of our school, how do we know they are strengths and what needs to improve?
  
• Do governors understand the issues the school faces?
  
• Is the overall culture of the school one of high expectations for teaching, learning, pupil behaviour and safety?
  
• How is excellent work recognised?
  
• Do governors challenge school leaders by asking probing questions about pupil outcomes, assessment arrangements, safeguarding procedures etc?
  
• What other sources of information do governors use to find out the views of parents, staff and children?
  
• Are governors aware of how the school’s finances are being managed or how staff are recruited?

Governors may also be asked about:

Triangulation – how do you check that information from the headteacher correlates with what is really happening in the school? Have you read or commissioned external reports? Do you visit the school to see the impact of policies? How do you know that safeguarding procedures are sound?

Finance – what are your priorities for pupil premium spending and how do you know the money is closing the gap between disadvantaged and non-disadvantaged children? How is the sport premium spent? Do governors have the skills they need to oversee the budget?

Groups of pupils – which groups of pupils are governors concerned about and how are they addressing that concern? For example, boys versus girls, SEND pupils, pupil premium children, one specific year group or class. Are all groups making progress? How do you know if interventions are working?

Is the headteacher present when governors meet OFSTED?

No, not when the inspection is ongoing. OFSTED state that they wish to meet governors alone without the presence of school staff while they are still forming judgements. In the feedback meeting at the end of the inspection the headteacher is present alongside governors, all of whom have the right to hear the results of the inspection immediately.

“Meetings or telephone discussions with those responsible for governance should take place without the headteacher or other senior staff being present.”

School Inspection Handbook

“All those responsible for governance need to know the outcome of the inspection as soon as possible.”

OFSTED inspection myths

“Grades may be shared with school staff and all those responsible for the governance of the school, irrespective of whether they attended the meeting, so long as they are clearly marked as provisional and subject to quality assurance.”

School Inspection Handbook

Once governors have been told the school’s grading they must keep it confidential until the final OFSTED report has been sent to the school. Before the report is finalised a draft copy will be sent.

Are governors present at the final feedback meeting?

Yes. As many governors or trustees as possible should attend the final feedback meeting. This is made clear in the School Inspection Handbook.

“The on-site inspection ends with a final feedback meeting with the school. Those connected with the school who may attend include:

– the headteacher and other senior leaders, agreed by the lead inspector and headteacher

– for maintained schools, the chair of the school’s governing body and as many governors as possible

– for academies, including academies that are part of a MAT, the chair of the board of trustees and as many trustees as possible.”

School Inspection Handbook

Can governors see a draft OFSTED report?

Yes, OFSTED say that governors can see draft inspection reports. Schools are always given a chance to make comments on the draft but unless they have been judged to be “causing concern” (in other words, judged to be inadequate) staff can only dispute the facts of the report, not the opinions of the inspector.

“The draft report is restricted and confidential to the relevant personnel (as determined by the school), including those responsible for governance.”

School Inspection Handbook

Once the report has been finalised it becomes available to the general public on the OFSTED website.

Will OFSTED recommend an external review of governance?

No. Previously OFSTED recommended that schools with weak governance received an external review from a governance expert, but that idea has now been scrapped.

“From September 2019, under the Education Inspection Framework, inspectors will no longer recommend that the school carries out an external review of the pupil premium and/or governance, where weaknesses have been identified.”

School Inspection Update July 2019 (pdf)

What is the clerk’s role in an OFSTED inspection?

This varies from school to school, but in the clerking roles I have held my only involvement has been to email the school some governor details such as terms of office on the day before the inspection.

Some clerks will be more involved though, perhaps being asked to invite as many governors as possible to meet the inspector, providing paperwork such as minutes or action plans or checking that the governance section of the website is up-to-date. It may be helpful for the clerk to keep a specific OFSTED file at the school that contains governance paperwork so there is no last minute panic!

The clerk is allowed to take notes at the final feedback meeting in both maintained schools and academies, although again whether the clerk is actually invited will depend on the school.

The clerk does not attend the initial meeting between governors and the inspector and I have never heard of a clerk who has actually been interviewed by OFSTED.

“The on-site inspection ends with a final feedback meeting with the school. Those connected with the school who may attend include:

– for maintained schools, the chair of the school’s governing body and as many governors as possible; the clerk to governors (or equivalent), or their delegate, may also attend to take notes

– for academies, including academies that are part of a MAT, the chair of the board of trustees and as many trustees as possible; the clerk to governors or the board (or equivalent), or their delegate, may also attend to take notes.”

School Inspection Handbook