All Saints Academy Dunstable, R (on the application of) v Ofsted & Anor

All Saints Academy Dunstable, R (on the application of) v Ofsted & Anor

Permission to proceed with the judicial review is granted only on the grounds that the school may not have been provided with sufficient information to contest the inspectors’ findings and that the reasons in the final report may have been inadequate. All other grounds are refused as unarguable. Interim relief restraining publication of the report is refused as there is no strong prima facie case nor compelling circumstances to justify it; the public interest in timely publication prevails.

Parties
Claimant: All Saints Academy Dunstable; First Defendant: The Office for Standards in Education, Children's Services and Skills (Ofsted); Second Defendant: His Majesty’s Chief Inspector of Education, Children’s Services and Skills
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Permission and Interim Relief Hearing
Outcome
Permission granted in part; interim relief refused
Legal Topics
Judicial Review, Procedural Fairness, Statutory Interpretation, Inspection Reports, Interim Relief
Administrative Law Education Law Judicial Review Procedural Fairness Statutory Interpretation Inspection Reports Interim Relief

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Parties

All Saints Academy Dunstable

Claimant

The Office for Standards in Education, Children's Services and Skills (Ofsted)

First Defendant

His Majesty’s Chief Inspector of Education, Children’s Services and Skills

Second Defendant

Procedural Posture

Judicial Review / Permission and Interim Relief Hearing

Legal Issues

  1. 1 Whether the Ofsted inspection and reporting process was procedurally fair to the claimant school
  2. 2 Whether the single-word grading system under the Education Inspection Framework is unlawful or irrational
  3. 3 Whether the reasons given in the final inspection report were adequate

Ratio Decidendi

Permission to proceed with the judicial review is granted only on the grounds that the school may not have been provided with sufficient information to contest the inspectors’ findings and that the reasons in the final report may have been inadequate. All other grounds are refused as unarguable. Interim relief restraining publication of the report is refused as there is no strong prima facie case nor compelling circumstances to justify it; the public interest in timely publication prevails.

Court Disposition

Permission granted in part; interim relief refused

Orders

  • Permission to proceed with judicial review limited to grounds concerning sufficiency of information and adequacy of reasons
  • All other grounds refused permission