Equality, diversity and inclusion statement: ECF and NPQ inspection framework and handbook
Published 2 March 2022
Applies to England
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Introduction
This equality, diversity and inclusion (EDI) statement sets out Ofsted’s consideration of how the new ECF and NPQ inspection framework and handbook will fulfil the requirements of the Equality Act 2010, including the public sector equality duty (PSED) set out in section 149 of the Equality Act 2010.
The PSED requires Ofsted, when exercising its functions, to have due regard to the need to:
- eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
- advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
- foster good relations between persons who share a relevant protected characteristic and persons who do not share it
We will keep this statement under review and may make changes as a result of internal and external stakeholder engagement and piloting.
Outline of our role
The proposed framework and handbook set out the criteria against which Ofsted will inspect ECF and NPQ lead providers.
Initially, we will carry out a monitoring visit in the first year of a lead provider’s operation. We use this visit to judge whether leaders are taking effective action to establish the new courses.
After the monitoring visit, we will carry out a full inspection of each lead provider at least once every 2 years.
The ECF and NPQ framework and handbook include 2 key judgement areas for full inspections:
- quality of professional development and training
- leadership and management
There will also be an overall effectiveness judgement.
How the ECF and NPQ inspection framework and inspection activity may affect people in terms of protected characteristics
We have considered how the new framework, handbook and subsequent inspection activity could have an impact on individuals or groups of people with protected characteristics. We have identified that the following protected characteristics are of particular relevance:
- disability
- sex
- race
- pregnancy and maternity (in the case of ECTs and NPQ participants)
- sexual orientation
- religion or belief
- gender reassignment
These are the most relevant protected characteristics because of the participants in the professional development and training programmes, and the characteristics of the teacher workforce and pupils in schools.
We believe that the 2 groups that our inspection activity is most likely to have an impact on are:
- the ECTs and NPQ participants who enrol on the ECF and NPQ programmes
- the pupils in schools who will benefit from improved teaching
ECTs and NPQ participants
ECTs carrying out their ECF statutory induction are teachers in the first 2 years of their careers. NPQs are available to experienced teachers and leaders who want to develop their knowledge and skills in school leadership and specialist areas of teaching practice. We have consulted census data to consider the characteristics of the teacher workforce.
Ethnic minority groups and those with disabilities are under-represented in teaching roles and senior leadership teams.
Women are under-represented in senior leadership positions considering the high percentage of women in the teacher workforce. Women who are pregnant or on maternity leave and people with disabilities may wish to seek course adjustments.
Although sexual orientation, gender reassignment and religion or belief are not included in the teacher census, we can reasonably assume that some ECTs and NPQ participants will share one or more of these protected characteristics and may experience disadvantage as a result.
Pupils in schools
We have considered the characteristics of pupils that improved teaching will have the most impact on. We anticipate that quality assuring the training and professional development that teachers receive will ultimately improve the education accessed by all pupils in schools.
Research consistently shows that the quality of teaching is the most important school-based determinant of pupils’ educational attainment and progress. Therefore, there will be disproportionate benefits of improved teaching for children who have historically failed to achieve their full potential.
This is particularly true for disabled children, children from certain ethnic backgrounds (in particular, Black Caribbean, Mixed White and Black Caribbean, Traveller of Irish Heritage, Gypsy and Roma, and Pakistani boys from low socio-economic backgrounds), and lower socio-economic status White British pupils. These pupils typically have lower educational outcomes than other children.[footnote 1]
How the ECF and NPQ inspection framework and inspection activity meet the 3 PSED aims
We also considered how, if at all, the new inspection activity and the associated inspection framework and handbook would satisfy the 3 parts of the PSED.
Eliminating discrimination
Our framework and criteria set out the expectation that all ECTs and NPQ participants will receive high-quality and ambitious professional development and training suited to their needs. This includes the expectation that lead providers deliver programmes flexibly so that everyone can access them without disadvantage or discrimination. This is likely to have positive impacts for those with the protected characteristics of pregnancy and maternity, sex, race and disability.
Our framework emphasises the need for lead providers to ensure that their programmes comply with all relevant legislation and contractual requirements relating to promoting equality and diversity, eliminating discrimination, and safeguarding. These include the relevant legal duties as set out in the Equality Act 2010 (including, where relevant, the PSED) and the Human Rights Act 1998.
Although discrimination at the application and recruitment stage is out of scope during our inspections, inspectors may gather evidence that identifies concerns about discrimination during course delivery by a lead provider. If inspectors gather evidence of discrimination, this will have an impact on inspection judgements. Inspectors may pick up concerns about discrimination in focused reviews, particularly as inspectors will aim to select a diverse and inclusive sample of ECTs, NPQ participants, mentors (as applicable) and staff. This will include, where possible, those groups with the protected characteristics identified above.
We will also invite participants and staff to complete surveys during inspection. These surveys will give participants and staff the opportunity to raise anonymously any concerns they have about their experience at the lead provider. This will allow inspectors to gather the views of a wider group than they are able to speak to during focused reviews. We are satisfied that our approach is proportionate to the issue.
Advancing equality of opportunity
We aim to promote equality of opportunity in access to high-quality training and career progression programmes by emphasising the need for lead providers to comply with relevant legislation and contractual requirements relating to equality and diversity. This will likely have a positive impact on ethnic minority, female and disabled teachers who are under-represented in leadership roles, as well as those who identify as LGBT+ (this includes gender reassignment) and people with religious beliefs.
The ECF and NPQ inspection framework is intended to encourage improvement in the continued professional development and training provided to ECTs and NPQ participants by lead providers.
The biggest factor in improving outcomes at school is the quality of teaching. High-quality teaching has the biggest impact on children who have historically failed to achieve their full potential. Our inspection activity aims to help improve the quality of teaching and education that pupils access. This may have a positive impact on the children with the protected characteristics that we have identified (disability and certain ethnic groups) who typically have lower educational outcomes than other children.
Inspectors will ask senior leaders about how they have designed their curriculum to equip course participants to teach all pupils. This includes, for example, those with special educational needs and/or disabilities (SEND). Inspectors may also ask course participants whether they feel equipped to teach all pupils. This may have a positive impact on disabled pupils by preparing participants to meet their needs more effectively.
Fostering good relations
Inspectors will ask senior leaders how they develop ECTs and NPQ participants’ knowledge of how to promote inclusion. This will encourage providers to ensure that this is being done effectively.
It will likely have a positive impact on all teachers and pupils, but most notably on those who suffer discrimination and disadvantage. This includes disabled people, people from ethnic and religious minorities, those who identify as LGBT+ (this includes gender reassignment), women and girls.
However, as this is only one aspect of inspection and not its primary focus, the impact is likely to be limited.
Monitoring and evaluation
We consider that we have given full and appropriate consideration to all elements of the PSED. The intention of the framework is to ensure that Ofsted is able to comply with its legal duties to advance equality, diversity and inclusion in line with the law.
We may review and amend this statement, as well as the proposed framework and handbook, based on feedback from internal and external stakeholders, including lead providers, inspectors and internal EDI network groups, and pilots before and after the start of inspections.
We are committed to reviewing and amending this EDI statement based on inspection evaluations, experience and practice, as well as any data that will be produced following the establishment of the programmes, such as the Ofsted independent review of teachers’ professional development.