ISI introduce updated inspection complaints policy

Following the consultation period earlier this year, the Independent Schools Inspectorate (“ISI”) has published an updated Inspection Complaints Policy (“policy”). The aim of the policy is to make clear to senior leadership teams in schools and colleges how they can make a complaint regarding an ISI inspection and how their complaint would be handled.

The consultation outcome outlines four main goals of the new policy:

1. Provide clarity on the handling and management of complaints
2. Increase opportunities for informal resolution
3. Increase transparency around the independent adjudication stage
4. Ensure alignment to ISI’s wider quality assurance processes.

Outlined below are the key changes to the policy.

Resolution of issues during inspection(s):

The policy continues to encourage schools to speak to an inspector about any issues whilst the inspection is still happening, however, the policy now recognises that sometimes there will be concerns that staff feel unable to raise directly with the inspector.

The policy provides an avenue for such concerns to be raised by providing a school’s senior leadership team with a contact telephone number for the ISI head office. Should staff have a concern of this nature, they can request a call back to discuss with a senior member of the ISI.

The consultation outcome suggests this change will provide increased reassurance about the inspection process and reduce the stress on heads by allowing some issues to be resolved before the post-inspection complaints process.

Informal complaints – stage one:

A key change to the policy is that schools now have four term-time working days from the end of the inspection to raise an informal complaint with the ISI, compared to the previous two term time working days’ time limit. The consultation responses highlighted the emotional and physical demands on an inspection and the ISI have recognised the benefits of providing additional time for reflection, particularly where an inspection outcome is not positive.

Schools will now be required to complete an online form to request a call back and raise an informal complaint, rather than emailing the ISI directly. The policy also makes clear that the ISI will not accept written complaints at this informal stage.

Previously, schools were informed of the outcome of their stage one complaint via call or email prior to the issue of the draft inspection report. The policy now provides that schools will receive a summary response to the informal complaint either before or at the same time that the draft inspection report is received.

Formal complaints – stage two:

Schools remain able to raise a formal written complaint in response to a draft inspection report within the same five term-time working days’ time limit. The process has, however, been streamlined with schools being required to complete an online form to raise their complaint.

Schools are also now provided the opportunity to request a phone call with the internal reviewer to discuss their formal complaint. The consultation responses highlighted the value of being able to have a conversation to ensure the context and nuance of any complaint is fully understood and considered in the final decision of the internal reviewer.

The updated Policy makes clear that:

1. If a stage two complaint is raised within the relevant time frame, the ISI will not issue the final report for publication until a written response is received by the school
2. Schools are entitled to submit a stage two complaint, even if an informal stage one complaint has not been submitted.

These ‘changes’ reflect a continuation of the current practice but have now been made explicit within the policy.

Referral to the independent adjudicator – stage three:

Schools remain entitled to request a referral of the ISI’s response to a stage two complaint to an independent adjudicator for review. The updated policy introduces four main changes to this process:

1. Schools will be provided with anonymised details of the career background of the adjudicator, but their name will not be disclosed
2. Schools will be copied into the referral to the adjudicator
3. Schools will receive the adjudicator’s final response directly from the adjudicator at the same time as the ISI
4. The length of time for the adjudicator to reach a decision has been reduced from 30 term-time working days to 20 term-time working days, subject to the availability of adjudicators.

The ISI anticipate that these changes will improve transparency, openness, and confidence in the process, whilst avoiding the risk of any miscommunication of the adjudicator’s findings.

Other changes:

The policy update has also removed provisions relating to:

1. Non-inspection complaints – these are now included in a separate policy
2. Concerns about schools and whistleblowing – all concerns about schools should now be sent directly to DfE
3. Concerns about individual children – serious concerns about a child’s safety or wellbeing should be referred to the schools DSL or the local children’s services team.

Schools should ensure that they are familiar with the new policy, particularly those due to be inspected this academic year. The policy can be found on the ISI’s website here.

We are able to assist schools wishing to raise a complaint with the ISI and encourage school leaders with concerns about any part of the inspection process to make contact with their legal advisers at the earliest opportunity.