In a rare successful challenge to Ofsted, the High Court quashed an adverse Ofsted report on Durand Academy, a successful multi-ethnic academy school in South London. The effect of the decision has been to remove the school from special measures and its rating of “good” remains in place. Gerard Clarke (leading Gurprit Mattu of Furnival Chambers) acted for the Academy Trust. The Court found Ofsted’s complaints procedure to be unfair as it does not allow for a substantive challenge to an adverse report. The decision may have implications across the inspected school sector, and may also impact on the Care Quality Commission, which has the same type of complaints system as that criticised by the Court in the Durand case.
The full judgment can be found here.
Ofsted has sought permission to appeal and has instructed James Eadie QC and Shane Sibbel (who did not appear below) for the proposed appeal.
Gerard will discuss challenges to Ofsted at a forthcoming seminar for the Education law Association at Blackstone Chambers on 15 November.