Despite the recent changes to the way in which they inspect, Ofsted still do not give providers long enough to respond to draft report cards. They are only given five working days to comment which is a lot of pressure on service providers who need to respond at the same time as continuing to run the service. This is in contrast to the Care Quality Commission who allow at least fourteen days for providers to respond to draft reports. This extremely tight turnaround does not give providers much opportunity to review the underlying evidence and prepare suitable clear and methodical responses so it is important to consider the next steps and act swiftly and decisively.
Providers are given the option to submit minor points of clarity or factual accuracy or alternatively submit a formal complaint.
If a provider believes that the draft report card does not adequately reflect their service and they are seeking a review of the inspection process including grades or concerns about the conduct of the Inspectors, this must be submitted as a formal complaint. This can be very difficult when providers want to provide substantial points of clarity and additional information but are conscious of the need to continue to have a good working relationship with Ofsted. In these circumstances, the wording of the complaint is crucial.
The formal complaints process confirms that any formal complaint must be made within 5 working days of issuing a draft report. This will not usually be considered if a provider has already submitted minor points of clarification so it is important that a considered response is submitted. The publication of the report card is then put on hold until the complaint response has been sent to the service provider.
Ofsted complaints process
Ofsted encourage providers to resolve concerns quickly and informally. They ask that they are initially raised directly with individuals involved if possible.
Should this not be possible, senior leaders are offered the opportunity during or after the inspection to speak with a senior inspector independent of the inspection. Sometimes, we have seen cases where Ofsted have not provided the contact information for an independent senior inspector so this can force the necessity for a formal complaint.
Ofsted formal complaints are broken down into the following areas and must be submitted using the online form.
- Inspection Process
- Inspection Judgement
- Conduct of Inspection team
- Other
- Outcomes you request
- Steps you have taken to resolve your concerns.
It all comes down to the strength of the underlying evidence and the response at this stage is crucial. You do not need to provide information for each of the areas of the online form, for example you may not have any comments about the conduct of the Inspectors. It is important that you use this opportunity to include any relevant supporting evidence.
Ofsted then are given a chance to respond to the concerns. It is very often the case that the Inspector would be asked for their comment and this will provide the basis of the response.
Should providers remain dissatisfied with the response from Ofsted following the complaints process, the matter can be referred to the Independent Complaints Adjudication Service for Ofsted within three months of the date of the formal complaint response letter. By this stage however, the report will be published.
In the event that a provider is still dissatisfied with the response from the Independent Complaints Adjudication Service for Ofsted they can refer concerns to the Parliamentary and Health Service Ombudsman. The provider will need to approach their local MP who will submit the company to the Ombudsman on their behalf.
Grades
Since November 2025, Ofsted have been using a new system of report cards for the Early Years sector and they have been grading services differently. These grades are:
- Exceptional
- Strong Standard
- Expected Standard
- Needs Attention
- Urgent Improvement
They will look at Safeguarding, Inclusion, Curriculum and Teaching, Achievement, Behaviour, Attitudes and Establishing Routines, Children’s Welfare and Well-being and Leadership and Governance.
The current Early Years Inspection Toolkit makes it clear that
“Inspectors will be proportionate in weighing up the evidence they gather, balancing the extent of any strengths or areas for development in each of the evaluation areas. This will support grading and allow specific features of practice, whether strengths or areas for development to be reported clearly.”.
If providers disagree with the grade they have received for a particular area or do not think it is a proportionate response it will need to be carefully challenged using a formal complaint.
Incomplete Inspections
We have recently been successful in arguing to Ofsted that in accordance with their deferral policy, inspections can be paused once the inspection has commenced to allow for additional evidence to be reviewed.
In a recent case, the service in question did not fit neatly into an Ofsted registration box and was registered as an independent school despite providing substantially an Early Years service. It was imperative for staff to demonstrate how they were compliant with the requirements within their unique setting.
It was believed that the Inspector had not done sufficient research about the setting prior to the visit to enable them to appreciate the nuances of the way in which the service operated. This meant a lot of time during the inspection itself was spent explaining the way the service operated rather than focusing on gathering evidence about the current position at the service.
Following on from the visit, the Inspector had asked for supplemental information about one of the areas but had not asked for additional information in relation to the others. Additionally in the draft report they had relied upon anecdotes that were not relevant to the service in question or information that had come from the previous inspection.
In that case, the matter was re-opened and investigated and the ratings were updated accordingly to Good with elements of outstanding to accurately reflect the service.
Legal Support
As lawyers, we are trained to do legal and evidential reviews under time pressure. We are used to working to tight deadlines. We can be flexible with how we work and appreciate that sometimes it is easiest to visit a service so that we are able to review evidence first hand and compile responses quickly to meet the deadline to respond to Ofsted. Alternatively, sometimes a video call can be an easier method of gaining the necessary information quickly and working collaboratively to prepare a response.
At Gordons Partnership Solicitors, we are experienced at helping providers to navigate situations like these in order to ensure that published reports are as accurate as possible. Please do not hesitate to contact us for an initial discussion to see if we may be able to assist on 01483 451 900 or email us at sols@gordonsols.co.uk. Our team would be happy to help.
About the Author
Associate
Tel: 01483 451 900
Email: Lucy@gordonsols.co.uk