Guidance

Schools and early education update: September 2021

Updated 21 December 2022

Applies to England

Message from the National Director, Education

Welcome to the latest edition of the schools and early education update. I hope those of you who took time off over the summer had a well-deserved and relaxing break; and for those of you who stayed closer to home, I hope you found time to recuperate after a particularly challenging 17 months.

As I formally take up my new post as National Director, Education, I would first like to take this opportunity to thank my predecessor, Sean Harford, for his immense contribution to Ofsted’s work over many years and to wish him the very best for the future on his retirement.

I would also like to thank you for all your hard work and achievements over the past academic year. It has undoubtedly been full of challenges, but I hope also fulfilling and rewarding, as children and learners have returned to on-site education.

With restrictions in England having been lifted almost entirely, I hope you are adjusting well to things gradually getting back to normal. We must all remain cautious, however, as we see the number of COVID-19 (coronavirus) cases rise and fall nationally. As we have done throughout the pandemic, we will prioritise the health and safety of all our inspectors and staff, and those we come into contact with through our work. We will continue to review and update our risk assessments to reflect the current situation. We will continue with the policies and processes that we put in place during the pandemic, such as regular testing for inspectors, to help keep colleagues safe as we return to our full programme of activity this term.

Our inspection handbooks, guidance and instruments have been updated in readiness for the start of the new academic year. Inspector training has taken place over the summer months and this month to ensure that you are all fully equipped and ready as we return to our routine programme of inspections.

In this packed edition, we have a wide range of information and guidance for inspectors across the schools and early education remits:

  • changes to the school inspection handbooks, guidance and inspection instruments for September 2021
  • curriculum catch-up after the COVID-19 restrictions
  • curriculum leaders
  • curriculum narrowing and key stage 3
  • mathematics deep dives in primary schools
  • Ofsted’s review of sexual abuse in schools and colleges
  • early career framework (ECF)
  • reporting on off-rolling
  • inspecting religious education and collective worship
  • engagement model
  • Ofsted Inspectors (OIs) providing consultancy services
  • sharing provisional inadequate judgements with local authorities
  • publication of a section 5 report after a school closes
  • writing about fundamental British values
  • reporting the governance of academies in inspection reports
  • Department for Education’s (DfE) non-statutory guidance on character education
  • training for schools on challenging sexism
  • revisions to the early years foundation stage (EYFS) from 1 September 2021 and accompanying non-statutory guidance, ‘Development matters’
  • disapplications to, and modifications of, the EYFS
  • Reception baseline assessment

We hope this edition provides a useful resource to complement other guidance and training materials that you have for this year.

Best wishes

Chris Russell
National Director, Education  

Changes to the school inspection handbooks, guidance and inspection instruments from September 2021

We have revised both the school inspection handbook and the school inspection handbook: section 8 for September. Revisions include updates on:

  • the COVID-19 transitional period
  • inspection intervals following the pandemic
  • harmful sexual behaviour
  • formerly exempt schools
  • the new ECF for teachers
  • careers information, education, advice and guidance

For section 5 only, we have included updates to reflect:

  • how Ofsted will evaluate the use of tutors
  • that teacher-assessed grades from 2020 and 2021 will not be used to assess curriculum impact
  • that EYFS disapplications ceased on 31 August 2021
  • that Ofsted will take into account any transitional provisions when looking at a school’s curriculum
  • changes to the ‘Good’ grade descriptors for leadership and management and sixth-form provision, and to the implementation part of the ‘Good’ grade descriptors for quality of education and early years education in schools

For section 8 only, we have included an update on seeking the views of parents and staff during a special measures monitoring inspection.

We have set out the key changes to these handbooks in ‘Summary of changes: section 5’ and ‘Summary of changes: section 8’.

Section 5 and section 8 inspection report templates, writing guidance and all other relevant internal and published guidance have been revised to reflect the changes from September.

Curriculum catch-up after the COVID-19 restrictions

Almost all pupils have missed considerable amounts of schooling since the beginning of the COVID-19 pandemic. They may have missed learning important content or forgotten content that has not been used. School leaders are focusing on identifying the best ways to help pupils get back on track or ‘catch up’. In June 2021, the DfE produced ‘Teaching a broad and balanced curriculum for education recovery’, new guidance for schools to help with catching up.

When we are inspecting, we need to consider whether leaders are using strategies that are having a positive impact on pupils’ learning. Our research and experiences of monitoring over the last year shine a light on what appears to be some of the most effective strategies in the current climate.

Leaders need to consider how they will identify, and then address, gaps in pupils’ knowledge. A blanket approach to all subjects and phases is unhelpful. For example, in subjects such as phonics and mathematics, where content is hierarchical, pupils must be taught all the elements of the curriculum and given time to repeat or practise crucial content so that they remember it long term. In other subjects, such as history and geography, where topics have been missed, leaders need to focus on emphasising the key concepts pupils need for subsequent learning. These may be taught through briefly returning to missed topics or by adapting subsequent topics to include a greater focus on these most important elements.

Making adjustments to the curriculum does not mean lowering expectations or narrowing some pupils’ experiences. All pupils need to be given opportunities to learn the key content.

Time is not infinite and so, alongside identifying what content from missed topics should be prioritised, careful consideration must also be given to choices of teaching activity. Activities need to be sharply focused on ensuring that pupils pay attention to the most crucial content to be learned. We know that discovery learning approaches are generally not efficient when pupils first learn new content. We also know that it is easy for children to latch on to the wrong detail. Do the pupils who spend a lesson on the Egyptians wrapping their friend in toilet roll remember the details of Egyptian religious beliefs, or do they just remember the fun activity?

Remember, if pupils are learning the taught curriculum, they are making progress. There is little point in assessing content that has not been taught. It is more useful to focus on the key content in a specific topic to know who has learned what and how well. Using formative assessment in this way will help teachers to target their teaching or interventions in a more focused way.

A specific issue that inspectors may come across is pupils being taken out of their usual lessons for tutoring sessions. Where this is happening, inspectors will want to look carefully at whether it is interfering with pupils’ ability to access the full curriculum (for example, are pupils consistently missing lessons in one subject to be tutored in another?) Where this is the case, inspectors will want to look at how the school has planned and managed the timetable, while acknowledging that some clashes may be unavoidable, and the steps it is taking to ensure that those pupils catch up on missed lessons.

Implications for inspectors

Inspectors should consider whether leaders:

  • take actions that are appropriate for the subject and phase
  • use assessment wisely
  • identify the knowledge that is most significant when choosing what to insert into an adjusted curriculum
  • ensure that pupils still have the time they need to repeat or practise crucial content so that they remember it in the long term
  • choose teaching activities that are time efficient and most effective to ensure that the planned content is learned
  • ensure that tutoring and the main curriculum work effectively together, while minimising negative consequences

Curriculum leaders

As you will know, an important part of our methodology is meeting with curriculum leaders, subject coordinators/leads or heads of department to discuss their area and understand the intended curriculum and what they expect inspectors will see in deep dives.

In some schools, these staff will also have a very full teaching schedule. Inspectors will need to work carefully with the school to make sure that they have these vital conversations while minimising any unnecessary disruption to the day-to-day work of the school. Issues can often be addressed by scheduling activities carefully on the inspection, based on discussion with senior leaders in the pre-inspection telephone conversation.

Implications for inspectors

Inspectors should:

  • be as flexible as possible in gathering the necessary evidence without causing undue disruption to the school day
  • work with school leaders during inspections to understand what would normally be happening on this particular school day and what is different because of the inspection, for example if teachers are out of class
  • understand that some schools, especially small schools, will not have a separate lead for each subject – we do not expect or require schools to adopt any particular staffing structure or curriculum approach
  • talk to staff members or groups of staff who can give us the insight we need to understand the school’s approach, be they a specific separate subject lead or not
  • try to avoid carrying out deep dives into more than one subject with the same curriculum lead
  • welcome any senior leader who wants to be involved in curriculum discussions, particularly, but not necessarily only, when subject coordinators/leads are inexperienced in that role

It is also important to remind schools that no element of our inspection – including classroom visits and conversations with curriculum leaders – is about scrutinising or holding individual teachers to account. Neither do we grade individual subjects.

Curriculum narrowing and key stage 3

Inspectors are reminded that no judgement should be based solely on the length of a school’s key stage 3, or indeed of any key stage. Instead, our judgements should be based on whether schools offer pupils an ambitious curriculum across their whole time in secondary education, looking at the curriculum as a whole.

We have seen a number of schools judged outstanding or good with a 2-year but, crucially, not narrow key stage 3. They have done this by ensuring that:

  • the key stage 3 curriculum is broad and deep – for example, it gives pupils the opportunity to learn foreign languages and arts subjects
  • the wider curriculum is open to all pupils, regardless of prior attainment, and is being taken up by the vast majority
  • increasing proportions of pupils take the EBacc at key stage 4
  • pupils continue to take a broad range of subjects, including the arts, at key stage 4
  • key stage 4 courses are going deeper into content and broader than just the specifications called for by the exam boards or the national curriculum
  • they think about how they can offer a rich, exciting education for all their pupils in a different way, rather than simply starting GCSEs a year earlier, sticking rigidly to the specifications and restricting pupils’ choice

A 2-year key stage 3 can lead to a narrow curriculum, for example if a school simply pulls forward teaching only to GCSE specification, stretching a 2-year course over 3. This means that, for some pupils, choices made at the end of Year 8 are finite. Some will never get the chance to study a whole range of subjects like art, music or languages again before they leave school.

However, a 3-year key stage 3 does not necessarily mean a broad and rich curriculum. Our 2015 report ‘Key stage 3: the wasted years?’ found that, although pupils at that time were typically studying a broad range of subjects at key stage 3, these years were too often a missed opportunity and children were not always getting the best start at secondary education.

In summary, the length of key stage 3 alone will not tell us whether the curriculum is broad or narrow.

Implications for inspectors

Inspectors should not assume that any specific length of key stage 3 is automatically a good or a bad thing. We should consider whether the curriculum offered at each stage, and for the full range of pupils, is rich, ambitious and well sequenced. We need to look at how the school is making sure that all pupils have the opportunity to study a broad range of subjects, at least in line with the ambition of the national curriculum. If schools can show that they have thought about their curriculum carefully, built a curriculum with appropriate coverage, content, structure and sequencing, and implemented it effectively, then we should judge their curriculum favourably.

Lead inspectors must, therefore, call the duty desk when a school has a shortened key stage 3. Remember though, if key stage 3 is effective, you are unlikely to need to apply the transitional arrangements.

Lead inspectors must also call the duty desk if a maintained school does not seem to be offering the full set of national curriculum subjects.

Mathematics deep dives in primary schools

The ‘carrying out deep dives’ section of our ‘Inspecting the curriculum’ guidance states:

In primary schools, inspectors will always carry out a deep dive in reading and deep dives in one or more foundation subjects, always including a foundation subject that is being taught in the school during the time that inspectors are on site. In addition, inspectors will often carry out a deep dive in mathematics.

The ‘quality of education’ section of the section 8 handbook states:

In primary schools, (inspectors will) always consider how well reading and early mathematics are taught in early years foundation stage and key stage 1 as part of a wide-ranging curriculum that prepares children well for the next stage in their education. As in section 5 inspections, inspectors will always carry out a deep dive in reading; they may choose to carry out a deep dive in mathematics but this is at the lead inspector’s discretion.

Implications for inspectors

Inspectors are reminded that deep dives in mathematics in primary schools are at lead inspectors’ discretion and are not compulsory.

Ofsted’s review of sexual abuse in schools and colleges

We have made some changes to the education inspection handbooks in response to the recommendations made in Ofsted’s ‘Review of sexual abuse in schools and colleges’, published on 10 June 2021. The changes also reflect the updated statutory guidance ‘Keeping children safe in education’, which comes into effect in September 2021.

The findings from our thematic review have revealed just how commonplace sexual harassment is in schools and colleges. So, even when there are no specific reports of sexual harassment, schools and colleges must assume that it is taking place and plan to address it accordingly. Our updated handbooks are clear about how we will assess the approach schools and colleges have taken to address these issues head on.

We will expect schools and colleges to have created a culture where sexual abuse and harassment are unacceptable and never tolerated. They will have established an environment where staff support pupils to report any concerns about harmful sexual behaviour and where pupils can feel confident that they will be taken seriously.

Implications for inspectors

Inspectors will have already received training on the implications of the review.

Inspectors will review records about safeguarding, including those relating to sexual harassment and violence and online sexual abuse.

They will speak to leaders and other staff about how they support pupils to raise concerns, and how they respond when issues are brought to their attention. Inspectors will explore whether the school’s work in this area is reflected in its curriculum and that it specifically deals with issues such as sexual harassment, online abuse, sexual violence and issues of consent.

Inspectors will, as always, speak formally and informally to groups of pupils. Where they can, they will try to speak to some single-sex groups of secondary-age pupils. Inspectors will ask questions of primary pupils in an age-appropriate way, checking, for example, how the school teaches them to have an understanding of healthy relationships.

Inspectors will not investigate individual allegations of harmful sexual behaviour. However, they will ensure that any allegations are reported to the appropriate authority if this has not already happened.

Early career framework

From September 2021, new teachers will be known as early career teachers (ECTs). The induction of new teachers will be extended to the first 2 years of teaching, and new teachers will be entitled to a 2-year structured professional development programme based on the ECF, and protected non-contact time to focus on their development. All state-funded schools offering statutory induction will receive additional funding to deliver an induction based on the ECF.

The ECF sets out what new teachers should learn about and be able to do during their first 2 years of teaching. It is structured using the teachers’ standards and is underpinned by an evidence base.

Schools are expected to arrange for an ECF-based induction to be delivered to their new teachers. They can either:

  • sign up to a DfE-approved and funded provider
  • use the DfE-approved materials and resources available on GOV.UK to deliver the programme themselves
  • design and deliver their own ECF-based induction

The approved and funded providers include:

  • Ambition Institute
  • Best Practice Network
  • Capita
  • Education Development Trust
  • Teach First
  • UCL Institute of Education

For schools that deliver their own training, the DfE-approved materials and resources include:

  • self-directed study materials
  • mentor session guidelines
  • training session guidelines

These materials are accredited by the DfE and quality-assured by the Education Endowment Foundation.

Teachers that started but did not complete induction before September 2021 should continue to refer to the 2018 induction guidance for newly qualified teachers. For those starting from 1 September, they should refer to the new statutory induction guidance.

Implications for inspectors

We have updated the language around new teachers in our inspection handbooks to reflect these changes. The terms ‘newly qualified teacher’ and ‘NQT’ should no longer be used. The only exception to this is in reference to teachers who started their induction before September 2021 but have not yet completed it.

We have also strengthened the expectation that inspectors should meet with ECTs, their mentors and their induction tutors, if possible, during inspection.

We will also ask schools which approach to delivering the ECF the school is following – use of a DfE-approved provider, use of the DfE-accredited materials or their own bespoke approach.

Reporting on off-rolling

There have been some cases when off-rolling, according to our definition, has been identified, and lead inspectors have not specifically mentioned the term ‘off-rolling’ in reports. Some schools have issued press releases stating that off-rolling was not found because Ofsted did not use those words. We do not want to leave any ambiguity, because we act in the interests of pupils and parents. Therefore, we are introducing standard wording for any inspection that finds off-rolling.

There is no legal definition of ‘off-rolling’. However, Ofsted defines it as:

The practice of removing a pupil from the school roll without a formal, permanent exclusion or by encouraging a parent to remove their child from the school roll, when the removal is primarily in the interests of the school rather than in the best interests of the pupil. Off-rolling in these circumstances is a form of ‘gaming’. (See ‘Inclusion and off-rolling’ section of the school inspection handbook).

Points to consider

Ofsted is clear that off-rolling, according to our definition, is unacceptable. The definition is broad because our research and inspection experience show us that the same mechanism can be used in acceptable and unacceptable ways – for example, appropriate/inappropriate managed moves, use of alternative provision, and so on (see ‘Inclusion and off-rolling’ section of the school inspection handbook).

It is not for inspectors to decide what is and is not in pupils’ best interests, so they will ask leaders to explain why a move off the roll was in a pupil’s best interests. When leaders’ explanations are not convincing, and the evidence supports it, inspectors are likely to come to the conclusion that they have evidence of off-rolling.

When inspectors find evidence of off-rolling, they will address this in the report and may take it into consideration when reaching key judgements (again, see ‘Inclusion and off-rolling’ section of the school inspection handbook).

Implications for inspectors

When the leadership and management judgement is requires improvement or inadequate, and off-rolling is a part of the reason for this, inspection reports must always use the following set phrase to refer to off-rolling:

This practice constitutes off-rolling according to Ofsted’s definition.

This should be accompanied by context and nuance as the lead inspector sees fit, but the presence of this phrase means that parents, schools and others can be in no doubt about what we have found.

If the school’s poor practice around pupil movement is associated with moving pupils from the school roll onto the roll of alternative provision (remembering that this is not the only way in which off-rolling occurs), we should use the following wording or similar:

Inspectors asked leaders to show how the movement of some pupils from the school roll [and/or from dual registration] onto the roll of the alternative provision/s was in the pupils’ best interests. Leaders did not have convincing explanations as to why they had not followed the Department for Education’s guidance or why pupils had been removed from the roll. This practice constitutes off-rolling according to Ofsted’s definition.

Inspecting religious education and collective worship

We may select religious education (RE) as a deep-dive subject and inspect RE and collective worship in schools that are not designated as having a religious character.

However, Ofsted does not inspect the content of denominational education or collective worship in most schools designated as having a religious character.

In voluntary controlled schools designated as having a religious character, Ofsted is able to inspect RE, but not collective worship. Hence, inspectors are free to carry out deep dives in RE in voluntary controlled schools.

In other schools designated as having a religious character, the inspection of RE and/or collective worship is instead covered (under the Education Act 2005) by separate section 48 inspections arranged through (or in consultation with) the relevant religious authority. Academies designated as having a denominational religious character will have similar arrangements required by their funding agreement.

Inspectors should feel able to gather evidence from anywhere relevant to evaluate pupils’ spiritual, moral, social and cultural education, personal development and/or behaviour and attitudes (including RE lessons and assemblies). But they should be careful to avoid any appearance that we are inspecting the curriculum of denominational education or the content of collective worship in these schools.

Implications for inspectors

It will not normally be appropriate for us to carry out a deep dive in RE in a school (with the exception of voluntary controlled schools) that has been designated as having a religious character.

Inspectors will also need to ensure that they reference, in the ‘information about this school’ section of the inspection report:

  • that the school has been designated as having a religious character
  • when the next section 48 inspection is due and when the last inspection took place
  • where relevant, that a section 48 inspection (or equivalent inspection of an academy) took place at the same time as an Ofsted section 5 inspection
  • where relevant, whether the required consultation has taken place with the prescribed faith body (when a school has a prescribed faith body and decides not to use that body’s inspection service but to appoint its own inspector)
  • where relevant, that the section 48 inspection (or equivalent inspection of an academy) is overdue and that, therefore, the school is failing in its statutory duty

Engagement model

The engagement model is the assessment (replacing P scales 1 to 4) for pupils working below the standard of national curriculum assessments and not engaged in subject-specific study.

The engagement model is statutory from the 2021/22 academic year. Schools can no longer assess pupils against P scales 1 to 4. The engagement model assessment arrangements apply in state-funded schools.

Teachers must use the engagement model to assess pupils working below the standard of the national curriculum assessments and not engaged in subject-specific study at key stage 1 and key stage 2.

The engagement model has 5 areas of engagement:

  • exploration
  • realisation
  • anticipation
  • persistence
  • initiation

These areas allow teachers to assess pupils’ engagement in developing new skills, knowledge and concepts in the school’s curriculum by demonstrating how pupils are achieving specific outcomes. The engagement model is not a curriculum.

Implications for inspectors

Inspectors should note that the engagement model should not replace existing planning or assessment systems and schools have autonomy over how it is implemented.

The model encourages schools to measure each pupil’s progress independently, according to their specific need profile. Schools may use the engagement model as a baseline tool to support ongoing progress.

Inspectors should not expect to see an ‘engagement curriculum’.

The engagement model is not mandatory for non-maintained or independent schools.

OIs providing consultancy services

Ofsted does not believe that schools need to do anything, beyond being familiar with the handbooks, to prepare for inspections. It is, therefore, our policy that we do not carry out or endorse mock inspections (sometimes called ‘mocksteds’) or ‘mock deep dives’ to prepare schools for Ofsted inspections.

These mock inspections would not have the checks and balances or quality assurance of our actual inspections, and so we could not be sure that they would provide schools with consistent and reliable messages. Further, they could lead schools to believe that they will get a specific grade if specific action is taken, which could unduly fetter the discretion of the inspection team when the actual inspection comes around.

In short, they offer little reliable benefit to schools, while creating unnecessary risk for Ofsted.

For this reason, it is important that any Ofsted Inspector (OI) is not perceived to be using the knowledge gained through their work with us to carry out mock Ofsted inspections, mock deep dives or train providers in how to ‘pass’ inspections. Not only would this be a conflict of interest within the terms of an OI’s contract, but it would also be a breach of their terms and conditions in respect of representing themselves as an OI for commercial gain.

Implications for inspectors

Inspectors are only permitted to refer to themselves as an Ofsted Inspector/OI when carrying out an Ofsted inspection.

Inspectors cannot provide ‘mocksted’-type consultancy and continue in their role as an OI.

It is, of course, reasonable for an OI to talk about their experience and knowledge. But it is not acceptable for any OI to:

  • carry out an Ofsted-style inspection, except when contracted to do so by Ofsted
  • refer to themselves as an ‘Ofsted Inspector’ or ‘OI’ when providing commercial services
  • purport to speak on behalf of Ofsted in giving advice to schools, except when explicitly asked to do so by Ofsted
  • give schools a judgement, estimate/forecast or contingent judgement in respect of any part of the Ofsted framework, except when this is part of a contracted Ofsted inspection

OIs are also reminded that they must follow the guidance set out in Ofsted’s ‘conflicts of interest’ policy and procedure when considering carrying out any activity that may conflict, or could be perceived to conflict, with Ofsted’s values and their role as an OI. All conflicts and potential conflicts of interest, whether actual or perceived, must be disclosed immediately and updated on a regular basis. If an OI is in any doubt or requires further advice, they must speak to their regional support team for schools before carrying out any activity that could be affected by the potential conflict of interest.

Conflicts in inspection activity that must be declared (including those of household members and close friends) are the following:

  • any previous employment with providers that Ofsted inspects and regulates, including chains, groups and multi-academy trusts
  • any other work, professional contact, voluntary work or advisory work with a provider in the last 6 years
  • all providers attended as an employee, service user or pupil/learner
  • previous job applications to providers inspected and/or regulated by Ofsted and to any multi-academy trust

Sharing provisional inadequate judgements with local authorities

Ofsted provides early notification to the DfE of provisional inadequate judgements (pending moderation) of the inspections of maintained schools and academies.

Historically, the local authority has also been copied into this notification, but this will no longer apply. The local authority will instead continue to receive notification of the inadequate outcome only when the final moderated judgement has been made.

There may be some cases where the relevant Ofsted region decides that the local authority should be notified of safeguarding concerns promptly after (or even during) an inspection because the local authority has overarching responsibility for safeguarding and promoting the welfare of all children and young people in their area, regardless of the types of educational settings they attend. In these cases, the region should follow the relevant internal guidance on handling safeguarding concerns about children and vulnerable adults.

Publication of a section 5 report after a school closes

In the July 2019 edition of school inspection update, we set out our policy on publishing a section 5 inspection report after a school closes.

In summary, when a school has been inspected under section 5 but closed before we have published the report, we will still publish the report against the unique reference number (URN) of the school as it existed at the time of inspection. This is in keeping with our 2-fold duty under section 5 to inspect and to ‘make a report of the inspection in writing’. So, a section 5 inspection is not complete until a report has been produced. We have no power to void an inspection.

Inspectors should also make this policy clear to school leaders if they are told that the school may close before the inspection report has been published.

Writing about fundamental British values

We are aware of requests for clarification on when to use the phrase ‘fundamental British values’. Ofsted’s house style glossary (internal only) was updated in December 2019 to clarify that this phrase must only be used when referring to the legally defined fundamental British values of democracy, individual liberty, the rule of law and mutual respect and tolerance.

Implications for inspectors

Inspectors must use the full phrase at first use. After that, it is fine to say British values, but it must be clear that they are the same thing.

Please use capital B, lower case f and v, and no quotation marks.

Further information on fundamental British values can be found in the DfE’s guidance on promoting British values in schools.

Reporting the governance of academies in inspection reports

Inspectors should make sure that they properly reflect the legal governance of academies in the school report.

Implications for inspectors

This means:

  • in the ‘school details’ section of the report, the appropriate authority will always be the board of trustees
  • the chair of the trust should always be named in the next field, not the chair of any local governing body; the chair of the trust is the legal head of governance, irrespective of any delegation – the trust board may delegate but it remains accountable and responsible for all decisions made
  • if a local governing body has delegated powers from the board of trustees, this should be made clear in the ‘information about this school’ section of the inspection report; the inspector may also name the chair of that body, but this should not appear in the ‘school details’ section

DfE’s non-statutory guidance on character education

Inspectors will be aware that ‘character education’ forms part of what we look at under the personal development judgement. We define character as ‘a set of positive personal traits, dispositions and virtues that informs [pupils’] motivation and guides their conduct so that they reflect wisely, learn eagerly, behave with integrity and cooperate consistently well with others. This gives pupils the qualities they need to flourish in our society’.

In November 2019, the DfE produced non-statutory guidance for schools on character education. This provides 6 benchmarks for schools to consider in planning their character education. These benchmarks, and the guidance, are entirely consistent with our understanding of character, and so inspectors will not need to change their practice. You may, however, find it useful to read the guidance.

Training for schools on challenging sexism

The organisation UK Feminista supports schools and teachers to challenge sexism in the classroom. It provides training and resources to enable schools to adopt a whole-school approach to dealing with sexism, including gender stereotyping, sexual harassment and sexist language.

UK Feminista’s free online resource hub provides comprehensive guidance and support, including details of online training, to enable schools to take effective action against sexism.

Revisions to the EYFS from 1 September 2021 and accompanying non-statutory guidance, ‘Development matters’

In October 2019, the DfE launched a public consultation seeking views on changes to the statutory framework for the EYFS. The consultation included proposed changes to the educational programmes, the early learning goals and the EYFS profile assessment.

All registered nurseries, childminders, schools and pre-schools in England must follow the revised and final EYFS framework from 1 September 2021. Changes have been made to improve outcomes at age 5, particularly in early language and literacy and especially for disadvantaged children, and to reduce workload and unnecessary paperwork for providers.

‘Development matters’, the DfE’s non-statutory curriculum guidance to support the delivery of the revised EYFS statutory framework, is also being updated for use from 1 September. It offers a top-level view of how children develop and learn. While it provides guidance for providers, it does not replace professional judgement.

Implications for inspectors

We will continue to inspect in line with the principles and requirements of the EYFS – there is no change to inspection policy. As ‘Development matters’ is non-statutory guidance, as is the case now, it does not form part of our inspection policy or methodology.

Our new ‘Ofsted EIF inspections and the EYFS page on GOV.UK has answers to the most frequently asked questions on inspection practice and the EYFS. This is to help all registered early years providers and schools with what they need to know for the start of the revised EYFS framework on 1 September 2021. While this is primarily an external-facing page for registered early years providers and schools, we encourage all inspectors to familiarise themselves with its content and to let providers know it is there.

We hope in time this will become the ‘one-stop-shop’ for all queries related to early years education inspection framework inspections, allowing us to dispel unhelpful ‘inspection’ rumours within the sector quickly and efficiently. Content will be refreshed in line with handbook updates, or sooner, should there be a need.

Disapplications to, and modifications of, the EYFS

The period in which EYFS disapplications and/or modifications can be used ended on 31 August 2021. The early years, schools and independent schools inspection handbooks have been updated to reflect this and other relevant changes associated with the EYFS.

The disapplications and/or modifications originally came into force in April 2020 to support early years providers and schools during the COVID-19 pandemic. This allowed them to use temporary disapplications and modifications for certain elements of the EYFS where government-imposed national and local restrictions impacted on a provider’s or school’s ability to deliver the EYFS. These disapplications and modifications covered the learning and development requirements, the progress check at age 2, the EYFS assessment profile, staff qualifications and ratios, and paediatric first aid. All schools and providers were expected to use ‘reasonable’ or ‘best’ endeavours to continue to meet the EYFS requirements as far as possible.

Implications for inspectors

We will continue to inspect in line with the principles and requirements of the EYFS. There is no change to inspection policy.

On inspection, we will want to know if a provider or a school has previously relied on the disapplications, so that we are able to understand any potential impact on children’s experiences. We will not judge providers or schools on what they were doing previously, even if they were disapplying or relying on modifications. We will look at whether any previous reliance on the disapplications or modifications is having an impact on the provision and on the children who attend the school/provider. We will look at what the provider or school is doing to get back on track, and how it is addressing any gaps in learning and ensuring that the children are ready for their next stage of education.

We do not expect to see any paperwork or ‘evidence’ about why or how providers or schools relied on the disapplications.

More information on the disapplications to, and modifications of, the EYFS, changes to the EYFS from 1 September 2021 and how these relate to inspection practice can be found on our new ‘Ofsted EIF inspections and the EYFS page on GOV.UK.

Reception baseline assessment

Following a national voluntary pilot, the Reception baseline assessment will be statutory in schools from September 2021.

The Reception baseline assessment provides the basis for a new way of measuring the progress primary schools make with their pupils. Unlike the current progress measure, this will give schools credit for the important work they do with their pupils between Reception and Year 2.

It is a short, inclusive, age-appropriate assessment designed to capture the wide range of attainment in mathematics and literacy, communication and language seen in Reception classes at the start of the year.

While there are clear links to the learning and development requirements of the EYFS, the baseline is different to the EYFS profile as it is completed at the start of the Reception Year (within the first 6 weeks of pupils joining Reception), rather than at the end of the academic year, and serves a different purpose.

More information on the Reception baseline assessments can be found on GOV.UK.

Implications for inspectors

Inspectors should be mindful that Reception baseline assessments may be taking place when they are inspecting in the autumn term.

The data from the baseline assessment will only be used by the DfE when children reach Year 6, for the purpose of calculating new primary school progress measures. It will not be shared with the school or parents and will not be published externally.

Although scores are not shared with schools, they will be provided with a series of short, narrative statements to describe how each pupil performed on the different content domains presented in the assessment, and that these can be used to inform teaching during Reception, alongside other evidence available to the school. Since introducing the education inspection framework, our focus has been on the quality of education in helping pupils learn and develop. While assessments can give an indication of how well children are progressing, our inspection looks beyond that and examines the rounded education that pupils receive. Inspectors should continue to be mindful of paragraph 330 in the school inspection handbook:

Inspectors will look at the children’s achievements at the end of Reception over time, by the proportions reaching a good level of development. However, inspectors need to get beyond the data as quickly as possible to ascertain how well the curriculum is meeting children’s needs. This will be evident in how well children know and remember more. Inspectors need to make careful inferences about children’s current progress by drawing together evidence from a range of sources.