Ofsted successfully defends judicial review


Photo by MChe Lee on Unsplash

Ofsted, represented by Toby Fisher, has successfully defended a claim for judicial review brought by Thomas Telford School.

Thomas Telford School is one of only two remaining City Technology Colleges (‘CTCs’) in the country. On 6 and 7 December 2022, the school was subject to an Ofsted inspection which led to the publication of an inspection report. The School was granted permission for judicial review on two grounds:

i) Ofsted irrationally applied policies and standards to the school that were not properly applicable to CTCs; and

ii) Ofsted’s approach to the inspection was procedurally unfair.

The claim was heard in the context of wider public interest in Ofsted inspections following the tragic death of headteacher Ruth Perry in November 2022. The judge dismissed both grounds of claim, holding that Ofsted had not acted irrationally and its procedures were fair in this case. The judgment is available here.

Toby Fisher is also acting for Ofsted in a judicial review of an inspection report on All Saints Academy Dunstable. That claim also challenges the fairness of Ofsted inspections and is currently awaiting judgement after a two-day substantive hearing before Cavanagh J. on 24 and 25 April 2024.

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