Corporate report

Ofsted Board minutes: 28 September 2022

Updated 12 May 2023

Applies to England

Present

Christine Ryan (Chair)

Hamid Patel

Amanda Spielman (HM Chief Inspector (HMCI))

Martin Spencer

Felicity Gillespie

Laura Wyld

Chris Hanvey

Jon Yates

David Meyer

Frank Young

Jo Moran

Executive attendance

Matthew Coffey (Chief Operating Officer)

Louise Grainger (Director, Finance, Planning and Commercial)

Chris Jones (Director, Strategy and Engagement)

Alex Jones (Director, Insights and Research)

Chris Russell (National Director, Education)

Yvette Stanley (National Director, Regulation and Social Care)

Observer

Andrew McCully (Department for Education (DfE)) (observer)

Also in attendance

Emily Williams (Deputy Director, Strategy, Governance and Private Office) (items 3, 4, 5,6)

Head of Strategy (items 5 & 6)

Senior Strategy Analyst (item 5)

Strategy Officer (item 5)

Executive support

Board Secretary and Corporate Governance Team Leader

Corporate Governance Officer

Status

Approved at the board meeting on 7 December 2022.

Welcome, apologies and declarations of interest

The chair welcomed the newly appointed board members to their first meeting. Apologies were received from Carole Stott.

A board member declared that a relative has started working for Ernst & Young (EY). EY are Ofsted’s external auditors, subcontracted by the National Audit Office.

Minutes, matters arising and action log

The minutes of the 22 June board meeting were agreed as a correct record.

It was agreed that the action on the format of board meetings would be considered as part of our ongoing work on board effectiveness. The update on the evaluation of the education inspection framework (EIF) would be included as a future agenda item. The chair of the Audit and Risk Assurance Committee (ARAC) recommended that the board and ARAC deep dives are coordinated to avoid duplication.

With new board members now in place, a short survey will be conducted seeking views on the format of board meetings. This will inform the board’s forward work plan. Board members’ availability for a board development day will also be sought.

Action: Board secretary to seek members’ views on the format of future board meetings.

Action: Board secretary to include an update on the evaluation of the EIF to a future board meeting agenda.

Action: Board secretary to coordinate with chair of ARAC and include a deep dive on teacher training to a board meeting agenda.

Action: Board secretary to explore dates for a board development day.

Board review – recommendations and actions

The board considered the actions identified to meet the recommendations from the independent board effectiveness review.

It was noted that many of the actions are under way. Board members emphasised the importance of tracking progress. It was noted that an annual self-evaluation of board effectiveness will be conducted to assist in evaluating performance.

The corporate governance framework has been revised to take account of recommendations from the effectiveness review. The annex summarising the roles and responsibilities of the board and HMCI was discussed. The annex will be updated in light of discussion and will be circulated for reconsideration. Board members were keen to have greater clarity of their role in relation to ensuring that HMCI’s functions are performed efficiently and effectively, and that the strategy is successfully implemented.

It was agreed to return to discussions about the framework and action plan later in the meeting.

Discussion with the Executive

HMCI update

HMCI briefed the board on the activation of Operation London Bridge plans following the death of Her Majesty the Queen. Civil-service wide restrictions on attendance at public engagements were followed. Inspection and regulatory work continued; however, no providers were inspected on the bank holiday, and there were no deferral requests related to the mourning period.

HMCI has had introductory calls with the new Secretary of State (SoS), Kit Malthouse and some members of the ministerial team. Andrew McCully provided an overview of the ministerial portfolios and informed the board that the new SoS is still in the process of listening to people and determining his immediate priorities.

Chief Operating Officer update

The board had previously asked about the level of working days lost. Since the last board meeting, a working group has been set up to review the data and consider what further support and guidance can be provided for staff and managers.

We are on track to deliver the commitment to inspect, by the end of September, all early years providers who were due an inspection but did not receive one due to the pandemic.

The Chief Operating Officer agreed to provide additional information to support the data provided in the operational dashboard regarding complaints about Ofsted.

Action: Chief Operating Officer to provide additional information regarding complaints about Ofsted to the board.

Regulation and Social Care update

Since the publication of the Care Review, we have been examining its recommendations and what they mean for Ofsted. We await DfE decisions on how it is to be taken forward.

The Independent Inquiry into Child Sexual Abuse (IICSA) inquiry has concluded, and the final report and recommendations are being developed. Ofsted provided evidence and many of Ofsted’s actions arising from the Inquiry so far, have already been fully addressed.

The board also discussed the lack of residential provision for the most vulnerable children, sufficiency and capacity issues, unaccompanied asylum children and fostering services.

Education directorate update

The HMI further education and skills (FES) two-day conference for lead inspectors and the Schools National Conference took place in September. The events went well, and feedback has been positive.

The status of the Schools Bill is uncertain because the new Prime Minister, Liz Truss, is reviewing all current legislation. Our concern is not to lose the helpful legislation in the Schools Bill, in particular, independent school regulation and Ofsted’s powers.

The outcomes of DfE’s re-accreditation of schools initial teacher education (ITE) providers were discussed. The board was updated on preparations for the launch of the area SEND inspection framework in January 2023 following the consultation which ended on 11 September 2022.

Strategy and Engagement directorate update

An overview of the directorate was provided to the board.

Insights and Research directorate report

The Annual Report is on track to be published in December. A busy autumn of research publications is planned with 11 reports scheduled before Christmas.

The Office for Statistics Regulation has publicly praised Ofsted’s review of our statistical publications.

Board members requested a briefing on multi academy trusts (MATs) at a future meeting.

Action: Board secretary to add MATs to the forward workplan.

Finance report

The financial position at the end of July 2022 was presented to the board.

Strategy dashboard

The board reviewed the strategic dashboard and agreed that it was a useful tool, containing some interesting baseline data. Suggestions were made to enhance the dashboard’s effectiveness:

• Regular, scheduled snapshots of data require extra context to enable the board to determine whether the implementation of strategic priorities is going in the right direction. In future, include narrative commentary alongside the data, with an assessment of the future trajectory.
• Improve how the Red, Amber, Green (RAG) rating on the overall status of each priority is presented by indicating if it is on track or at risk, with brief commentary on what is working well and not so well.
• Have clearer measurable indicators to enable the board to evaluate the likelihood of achieving strategic objectives.

It was recommended that the strategic risk register is viewed alongside the dashboard as it will show the most significant risks to our strategy and provides operational details on mitigations. As part of the induction programme, new board members will be briefed by the executive on the development of the strategy and metrics.

Feedback will be incorporated into the next iteration of the strategic dashboard which will be presented to the board at its next meeting.

ARAC update

On 14 September, the committee reviewed the strategic risk register and discussed the risk appetite for each risk. Consideration of risk appetite will be on the agenda for the board development day, so that all board members have sight of the biggest risks facing Ofsted and can challenge the mitigations.

Deep dive: Strategic priority: Keeping pace

It was agreed to defer this item to the December board meeting.

AOB

The board returned to the item Board review - recommendations and actions. The board effectiveness action plan was approved. It was agreed that the board development day will be an opportunity to discuss how to take forward the outstanding items of the plan.

The revised corporate governance framework was approved, subject to any changes needed to ensure that Annex A (summarising the division of responsibilities) is consistent with the main document.

Action: Deputy Director, Strategy, Governance and Private Office to review Annex A of the corporate governance framework to ensure consistency with the framework and circulate a revised annex and any other annex updates.