The Information Commissioner’s Office (ICO) has rejected an appeal by the JC against Ofsted’s refusal to release notes of inspections of Charedi schools on grounds including a concern that the material could help other schools game the system.
The JC had wanted to see copies of inspectors notes relating to the school’s compliance with equality requirements.
But Ofsted successfully argued that the release of the information could hinder inspections of other schools.
In late 2018, the JC asked for notes relating to five Charedi schools which had passed their equality requirements at their most recent inspections — at a time when many other Charedi schools were experiencing problems with the inspectorate in this area.
When Ofsted initially turned down the request, the JC asked it to review its decision and after further rejection, then appealed to the ICO.
But the ICO accepted Ofsted’s argument that the published inspection reports were sufficient.
In her decision, Pamela Clements, ICO group manager, cited Ofsted’s fears that releasing further material could help other schools to game the inspection system.
It would “enable a school in the future to take steps to imitate the sentiments expressed by schools praised by inspectors, without necessarily meaningfully enacting these sentiments,” the inspectorate had argued. “They could also avoid making the statements expressed by schools who were subsequently criticised by inspectors.”
Ms Clements accepted that “some schools would be likely to use the detail of the inspectors’ written reports to present the school in a way that they consider is likely to be favourable to Ofsted, but which is not a true representation of those schools.
“This would make Ofsted inspectors’ job more difficult; harming and frustrating the regulatory process.”
Ofsted was also worried about pressure being put on schools by religious groups. The inspection service was “aware that religious groups or activists do have a desire to use Ofsted inspection evidence to challenge schools that are complying with the regulations,” Ms Clements wrote.
“If schools became fearful about complying with legal requirements, then this would, in Ofsted’s view, cause obvious damage to the regulatory process.”
The JC had argued that in light of the growing debate about teaching LGBT issues in schools there was a public interest in revealing the information.
