Deferring Ofsted inspections and visits: deferring, pausing and gathering additional evidence

What

This thispolicy deferralsets policyout appliesthe processes that inspectors should follow when considering whether to defer or pause an inspection or visit, or whether additional evidence needs to be gathered.

In most instances, this involves a determination about whether an inspection or visit should go ahead on the planned dates and/or within the planned timescales.

Introduction

This1. deferralOfsted policyinspects appliesin the interests of children and learners. When an inspection or visit is scheduled, it should take place unless there are exceptional circumstances. We acknowledge, however, that there will be times where an inspection/visit cannot go ahead or needs to inspectionsbe of/visitspaused; to:

• maintainedwhen schoolsit is incomplete and/or when we need to gather additional evidence. This policy sets out how and academieswhen (andthose otherdecisions typesare ofmade schooland inspectedprovides underinformation sectionson 5the decision-making and 8oversight of thesuch Educationdecisions Actwithin 2005Ofsted.

  2. Deferring an inspection)

• independent schoolsrefers inspectedto byan Ofstedinspection (underor sectionsvisit 109(1)being andrescheduled (2)because ofit cannot go ahead on the Educationplanned dates. This usually happens during the notification process, and Skillsin Actmost 2008cases will be before inspectors arrive on site, or at the first opportunity after inspectors arrive where providers have no notice of the inspection.

  3. Pausing an inspection refers to when an inspection or visit that has already started is paused (and so inspectors will leave if they are on site) and underwill sectionresume 162(4)at ofa date or time beyond the Educationoriginally Actscheduled 2002inspection days. A paused inspection can become an incomplete inspection if the pause goes on beyond the time specified in this section.

  4. The Gathering additional evidence protocol)

applies to:
• providers

  an ofinspection that is found to be incomplete after the on-site activity has ended: this includes when our quality assurance or complaints processes identify that further educationinspection andactivity skillsis underrequired partto 8ensure ofthat the Educationevidence and Inspectionsjudgements Actreached 2006 are secure

• area

  an specialinspection educationalthat needshas been paused for a period beyond the timeframes set out in the annex to this guidance

It ceases to apply when the final version of the report has been sent to the provider and/or disabilitiesthe Secretary of State.

Application

5. This policy applies to inspections/visits for the following providers where Ofsted inspects provisions regulated by the Department for Education (SENDDfE)). servicesOur pausing policy only applies to Ofsted’s work in England and there may be different arrangements for childrenany inspection work outside England:

• maintained schools and youngacademies people(and other types of school inspected under sectionsections 205 ofand the8 Childrenof the Education Act 20042005 )

• local

  independent areas,schools inspected asby partOfsted of(under oursections joint109(1) targetedand area(2) inspectionsof the (JTAIs)Education carriedand outSkills Act 2008 and under section 20162(4) of of the ChildrenEducation Act 20042002 )

• providers of initial teacher education (ITE) under section 18B of the the Education Act 1994 and and part 8 of the the Education and Inspections Act 2006

• local

  early authoritycareer children’sframework services (ILACSECF) and securenational trainingprofessional centresqualifications (under(NPQ) thelead providers under part 8 of the Education and Inspections Act 2006)

• residential

  providers specialof schools,further someeducation boardingand schools,skills andunder residentialpart provision8 forof 16the Education and 17Inspections yearAct olds2006

6. inThe furtherpolicy educationalso collegesapplies andto independentthe specialistfollowing collegesproviders (underwhere sectionOfsted 87inspects ofunder the Children Act 19892004) and where Ofsted is the regulator:

• early years and childcare provision under sections 49, 60 and 77(2)(b) of the the Childcare Act 2006

• childminder agencies under sections 51D and 61E of the the Childcare Act 2006

• children’s

  residential homes,special includingschools, securesome children’sboarding homes,schools, adoptionand supportresidential agencies,provision voluntaryfor adoption16 agencies,and independent17 fosteringyear agencies,olds residentialin familyfurther centres,education colleges and residentialindependent holidayspecialist schemescolleges for disabled children (under thesection Care87 Standardsof the Children Act 20001989)

• early

  local careerauthority frameworkchildren’s services (ECFILACS) and nationalsecure professionaltraining qualificationscentres (NPQ)(under lead providers under part 8 of the the Education and Inspections Act 2006 )

• Welocal referareas, collectivelyinspected to those we inspect or regulate as ‘providers’part of educationour orjoint care.

  Requestingtargeted aarea deferral

  Ifinspections you(JTAIs) arecarried aout providerunder consideringsection making20 aof requestthe Children toAct defer2004

• area yourspecial inspectioneducational orneeds visit,and/or youdisabilities should(SEND) studyservices thefor criteriachildren inand thisyoung policypeople carefullyunder beforesection making20 theof request.the Children Act 2004

• Youchildren’s shouldhomes, makeincluding thesecure request,children’s athomes, theadoption earliest opportunity, to the inspection support administratoragencies, orvoluntary inspectoradoption whoagencies, notifiesindependent youfostering ofagencies, theresidential inspectionfamily orcentres, visit.supported Youaccommodation shouldand confirmresidential thisholiday inschemes writingfor (preferablydisabled bychildren email(under tothe Care them)Standards soAct that we can consider it promptly.2000)

• Weinspections willof continueCafcass to(including makefocused arrangementsand formonitoring thevisits) inspection(under orthe visitEducation whileand consideringInspections theAct request2006)

Part for1: deferral.

Deferrals

If7. anOfsted inspectionputs orthe visitinterest hasof startedchildren butand haslearners tofirst. beIt pausedis dueonly toin aexceptional publiccircumstances healththat or other concern, we maywould takeconsider stepsgranting toa completedeferral. itA atprovider requesting a laterdeferral date.will Pleaseneed refer to our guidance on gathering additional evidence tothe securereasons anfor incompletetheir inspection.request.

Circumstances for deferring Ofsted inspections and visits

8. There are a limited number of circumstances when we may decide thatto defer an inspection or visitvisit. should not go ahead on the planned dates. The examples inbelow thisshow policy are indicative of situations where we maycould potentially grant a requestdeferral, forbut a deferral and are not exhaustive. They also do not provide automatic grounds for a deferral.deferral, and are not exhaustive. We will consider each case separately and on its own merits.merits, including (where applicable) consideration of whether the setting is under regulatory or enforcement action.

9. Normally, we will only defer an inspection or visit if:

• this is the first time the provider has requested a deferral on those grounds

• the headteacher, proprietor, centre manager, childcare provider, nominated individual, the initial teacher education (ITE) provider representative, the nominated lead provider representative, registered manager and/or registered provider or similar authority, or a member of the provider’s senior management team is subject to a current police investigation or serious concern from another agency that would be compromised by an inspection of, or visit to, the provider

• the provider has experienced a recent major incident, such as: a fatality involving a pupil, child, service user, trainee, training participant or a member of staff; serious injury or serious/infectious illness at a provider; death of a member of a household where the childcare takes place; or a serious incident when the presence of an inspector would have an adverse impact on the safety and well-being of children, young people or adults

• the provision is confirmed as being due to merge, close or move and it is decided that no useful purpose will be served by inspecting itit. (If an independent school is within 6 months of confirmed closure, the inspection will normally still go ahead. We will inform the DfE of the timescale in which the school expects to close.)

• concerns in a local area mean that an inspection or visit would be inappropriate (such as a security incident or other major incident that means the police and senior leaders are focused on public safety)

• the relevant setting is closed to all users – for example, owing to a staff training day or adverse weather conditions that make access difficult or dangerous – for at least half of the time for which the inspection or visit has been scheduled (this does not apply to pre-registration inspections of independent schools, or when substantial numbers of pupils are not on site, but continue to be educated through remote or blended learning)schools)

• at least three quarters of the users will not be at the provider’s setting or with their employer – for example, owing to a school trip, holiday or a religious festival – for at least half of the period for which the inspection or visit has been scheduled (this does not apply to inspections of registered childcare settings or pre-registration inspections of independent schools, or when substantial numbers of pupils are not on site, but continue to be educated through remote or blended learning)schools)

• a school has very recently converted to become an academy; in these circumstances, His Majesty’s Chief Inspector (HMCI) reserves the right to go ahead with the inspection or visit if they deem it necessary, or to schedule the academy’s first inspection or visit for a later date

• a further education and skills provider, ITE provider or an an ECF or  or NPQ lead lead provider is no longer in receipt of relevant public funding

• a childminder agency no longer has childminders registered with it

• there are(see otherInspection exceptionalof circumstanceschildminder thatagencies: therequirements relevant Ofsted regional director decides are grounds for a deferralOfsted)

Further information on deferrals

Ofstedcircumstances putsthat thecompromise interestour ofability childrento andgather learnerssufficient first.evidence Itto isreach onlyvalid inand exceptionalreliable circumstances,judgements

any suchother asmajor thoseincident set out in the previous section, that wehas would consider granting a deferral.significant Anyoneeffect requestingon a deferral should explain fully the natureroutine ofday-to-day therunning circumstances in their request.

In the case of a deferral request made due to the absenceprovision or illnessrunning of the headteacher,inspection centreor manager,visit

there childcareare provider,other nominatedexceptional individual,circumstances registeredthat manager and/or registered provider, or similar authority, the relevant Ofsted regionalregional/national director willdecides determinewarrant whethera the inspection or visit will take place.deferral

10. Building and/or refurbishment work is not normally a reason for deferral if the schoolprovider is open and users are on site. However, if athe schoolprovider is significantly disrupted by measures taken to deal with reinforced autoclaved aerated concrete (RAAC), we will consider these deferral requests carefully as an exceptional circumstance.

11. Inspections of, or visits to, schools or further education and skills providers may still go ahead when all, or substantial numbers of, pupilspupils, learners or users are not on site, but continue to be educated through remote or blended learning.

When12. aThe deferralabsence isof requested,the weheadteacher, willclinical considercommissioning whethergroup’s chief executive, or the timingdirector of anychildren’s rescheduledservices inspection or visittheir wouldequivalent causewill thisnot tonormally fallbe outsidea ofreason anyfor prescribeddeferring intervalsan inspection or windows.visit.

13. ForThe regulatedfact earlythat yearsan andinspection socialunder caresection settings,48 weof willthe alsoEducation carryAct out2005 a(or riskequivalent assessmentinspection toin determinean whetheracademy) anyis othertaking regulatoryplace responsesat wouldthe besame appropriate.

Intime exceptionalas circumstances,an itOfsted may prove difficult for the inspection coordinatorwould tonot contactnormally thealone provider.be Inreason thesefor cases,a thedeferral.

Requesting inspectiona coordinatordeferral

14. willA contactdeferral arequest designatedshould inspectorbe tomade discussat the situation.earliest Forpossible independentopportunity school(usually inspections,before the16:30 designatedon inspectorthe willday checkof thatnotification), to the DfEinspection hassupport noadministrator reasonor toinspector believewho thatnotifies the schoolprovider isof nothe longerinspection operating.

Theor designatedvisit. inspectorA willrequest normallycan advisebe thatmade on the inspectiontelephone or visitin willperson, gobut ahead,should andbe thatconfirmed thein inspectionwriting coordinator(preferably shouldby continueemail) toso trythat andwe contactcan theconsider providerit whilepromptly.

15. theIf leadan inspectorinspection travelsor tovisit thehas provider.started, Ifwe therewill continuesnot tonormally beconsider noa answer,deferral it(see willguidance bebelow carriedon outinspections aswithout annotice), unannouncedbut could consider pausing the inspection orinstead. visit.

WeHowever, we carry out some inspections and visits without giving notice to the provider. There may be exceptional circumstances where we may need to consider whether an unannounced inspection should go ahead.

16. When a deferral is requested, we will consider whether the timing of any rescheduled inspection or visit would cause this to fall outside of any intervals or windows prescribed in law or by the DfE. For regulated early years and social care settings, we will also carry out a risk assessment to determine whether any other regulatory responses would be appropriate. We will treatcontinue theseto casesmake arrangements for the inspection or visit while considering the request for deferral.

17. In the case of a deferral request made due to the absence or illness of the headteacher, proprietor, centre manager, childcare provider, nominated individual, the ITE provider representative, the nominated lead provider representative, registered manager and/or registered provider, or similar authority, the relevant Ofsted regional director will determine whether the inspection or visit will take place, in lineconsultation with thisthe policy.relevant national director, as appropriate.

The18. followingIn sectionsexceptional setcircumstances, outit additionalmay informationprove aboutdifficult deferralsto ofcontact announcedthe inspectionsprovider. In these cases, the inspection or visitsvisit will normally still go ahead. We will continue to differenttry typesand ofcontact providers.the provider. If there continues to be no answer, it will be carried out as an unannounced inspection or visit.

Deferral

Considerations offor sectiondeferring 8specific monitoringinspections

Monitoring inspections of maintained schools and academies

19. In the case of a section 8 monitoring inspection for a school judged to require improvement, to have serious weaknesses or to require special measures, we consider that the presence of the headteacher is important in helping inspectors understand the school’s improvement journey.

We may,are, therefore, more likely to defer the monitoring inspection if the headteacher is out of school, unless the headteacher is absent for a prolonged period, for example due to ill health.

Deferral

Independent of independent school inspections

20. We may defer an inspection of an independent school in the case of unavoidable absence of the headteacher or proprietor, when this person is the only full-timeperson teacherwith leadership responsibility in the school, at the discretion of the relevant Ofsted regional director.

21. When an independent school is also the provider of a regulated social care service, we will carry out a risk assessment to consider whether any other regulatory responses would be appropriate.

22. When a school requests a deferral of its inspection because there are no pupils on roll, and the Department for Education (DfE) is already taking regulatory or enforcement action against the school, we will not agree to defer the inspection on thosethe grounds alone.

When the standard inspection of a school has already been deferred once because there were no pupils onbeing roll, we will not normally defer the inspection for a second time solely on theroll same grounds.alone.

If23. an independent school is within 6 months of confirmed closure, the inspection will normally still go ahead. We will inform the DfE of the timescale in which the school expects to close.

When we are informed that an independent school has already closed or that it is no longer operating as a school, we will consult the the DfE. The The DfE may may commission us to carry out an emergency inspection to check compliance with the independent school standards.

24. We will always inform the the DfE if if we grant a deferral of any type of independent school inspection.

25. Independent schools are charged a fee for standard, pre-registration and progress-monitoring inspections, as explained in the the non-association independent school inspection handbook. An inspection fee will always be charged unless a deferral is granted in line with our deferral policy before the start of on-site inspection activity.

Pre-registration

26. If, in notifying an independent school of an inspection, it proves difficult to contact the provider, we will check that the DfE has no reason to believe that the school is no longer operating and confirm an inspection is still required.

Independent schools: pre-registration inspections

27. Pre-registration inspections of independent schools will not be deferred because a proposed school withdraws its application at, or following, notification. Pre-registration inspections will not go ahead if, before we notify the school of its inspection, we are notified by the the DfE that that the proposed school’s application for registration has been withdrawn. The inspection fee may still be payable, as set out in the the handbook for additional inspections of independent schools.

28. Pre-registration inspections must not be deferred on the basis that the proposed school states that it is not ready for inspection. The The DfE informs informs proposed new schools that they should not apply to register if they will not be ready to operate within the proposed timescale. The The DfE will will expect a proposed new school to be ready to undergo a pre-registration inspection, since the provision wishes to educate (and, for boarding schools and residential special schools, accommodate) pupils in the near future.

29. Proposed new schools should have already reported to the the DfE any any incomplete building works – or any other issues that may prevent inspectors gaining access to the site – before we notify them of their inspection. Therefore, we will not normally defer a pre-registration inspection if the proposed school states that it is not ready for inspection, unless there are issues preventing access to the site and those issues were communicated to us during the notification call. Consequently, if inspectors arrive on site and are unable to carry out or complete the pre-registration inspection due to an inability to access the site, for example incomplete building works, the inspection fee may still be payable, as set out in the the handbook for additional inspections of independent schools.

30. In cases when proposed new schools strongly resist a pre-registration inspection, we will report this to the the DfE.

Material

Independent schools: material change inspections

31. If it transpires in the notification call that a school no longer wishes to continue with its application to make a a material change, we will inform the the DfE. The inspection will normally not go ahead.

Deferral of area

Area SEND, inspections

ILACS and JTAI inspections/visits

32. We do not anticipate having to defer an area area SEND inspection otheror thanthematic invisit; exceptionalan circumstances,ILACS suchshort, asstandard, anfocused extremeor weathermonitoring eventinspection; or a JTAI inspection, other majorthan incident.

in exceptional circumstances. If local areas have concerns about the timing of an inspection,inspection/visit, they may submit a deferral request, with any supporting reasons, to the lead inspector at the point of notification of the inspection.inspection/visit. We will consider each individual request on its merits. All requests will be considered jointly by Ofsted andin line with this policy and, as appropriate, jointly with our relevant inspection partners (that is, the Care Quality Commission (CQC), inHis lineMajesty’s withInspectorate thisof policy.Constabulary and Fire & Rescue Services and HM Inspectorate of Probation). If a local area requests a deferral of its inspection,inspection/thematic visit, the lead inspector must notify Ofsted through the appropriate region as soon as possible.

Part The2: absencePausing ofan inspection or visit

33. When a deferral is no longer possible because the clinicalinspection commissioninghas group’sstarted, chiefthe executive,inspection directorcan still be paused where there are exceptional circumstances that mean it cannot reasonably proceed. This also applies to regulatory visits in early years and social care. In all instances, we will need to carefully weigh up the risk of pausing against the risk of continuing, acting in children’s servicesbest orinterests theirat equivalentall times. In some instances, pausing an inspection or visit will not normallybe appropriate, such as in situations where we are concerned that children and young people may be aat reasonrisk of harm (see below).

34. The guidance below refers to ‘lead inspector’:

• in most cases, this will be the inspector in charge of the inspection

• in some cases, it will be the sole inspector on the inspection

35. The guidance refers to the senior inspector. This will be the most appropriate senior inspector, depending on the remit.

36. The guidance below refers to contacting and passing information to leaders’ employers (for example, for deferringstate-funded anschools, inspection.the local authority, the board of governors or the trust) where there are serious concerns about leaders’ welfare. There are, however, some providers for which there is no clear employer, often because the leader is also the proprietor or owner of the setting and, therefore, has ultimate responsibility.

Deferral

37. Before considering a formal pause, lead inspectors should consider whether other options are appropriate – for example, by visiting a different location to complete the inspection or interviewing another member of ILACSstaff. inspections

 Inspectors should aim to complete the inspection wherever possible, with appropriate adjustments to the timetable as needed.

We38. doIf inspectors see or suspect that a person is upset or distressed during the inspection, they should respond sensitively. Inspectors should treat all those they meet on inspection with professionalism, courtesy, empathy and respect, and work in a way that does not anticipatelead havingto significant additional stress on leaders. It is entirely appropriate and acceptable to defertake ana ILACSbreak shortfrom inspection activities, provided the inspection can be completed within the planned tariff and timescale. This would not be considered a pause to inspection. Where appropriate, the lead inspector will inform the employer of any serious concerns. Inspectors should first contact a senior inspector (including through the regional duty desk) or standardRegulatory inspection manager (RIM)/senior officer (SO) or focusedquality assurance manager, where practical to do so.

39. Prior to or monitoringon visitarrival otherat thanthe setting, the lead inspector will normally ask leaders who is responsible for their welfare (usually their employer). Where applicable, inspectors will record the contact details of this individual or organisation, if given. If there is not an employer, leaders can provide the name of someone else who we may contact in exceptionalan circumstances,emergency. Prior to any such ascontact, inspectors should first contact a senior inspector (including through the regional duty desk) or RIM/SO or quality assurance manager, where practical to do so.

If leaders have not supplied the details of their employer or, in an extremeemergency, weathera eventperson who is appropriate to contact, or otherappropriate majorcontact incident.cannot be made, then inspectors are not expected to investigate who else to contact. Inspectors should however report this to the relevant Senior His Majesty’s Inspector (SHMI) (through the duty desk where applicable). 

40. In addition to any action others may take, Ofsted may contact appropriate authorities, in an emergency. Inspectors should first contact a senior inspector (including through the regional duty desk) or RIM/SO or quality assurance manager, where practical to do so.

41. If localthe authoritieslead haveinspector believes that all of the inspection activity needs to be stopped temporarily, they will need to consider formally pausing the inspection. Inspectors will make every effort to protect the integrity of the inspection, and so only exceptional circumstances will result in a pause. Exceptional circumstances are likely to include:

• circumstances that compromise our ability to gather sufficient evidence to reach valid and reliable judgements, and/or where leaders in the provider require support (for example from their employer), which may be due to concerns about the timingwell-being of leaders

• any other major incident that has a significant effect on the routine day-to-day running of the provision

• any major incident that has a significant effect on the running of the inspection

Process for pausing an inspection

42. Pausing an inspection will usually not be appropriate where we are concerned that children and young people may be at risk of harm, or where there is regulatory or enforcement action against a provider. The safety and well-being of children and learners are our first priority. In these circumstances, we would not normally pause the inspection, theybut may submittake other steps, such as continuing the inspection but extending over additional time, or taking a deferralshort request,break.

43. withThe lead inspector will usually initiate any supportingpause. reasons,Any toprovider may request a pause either from the lead inspector or the contact at Ofsted they will be given at notification. Open, honest and professional discussion sits at the pointheart of notificationthe decision-making process.

44. If an inspector considers that an inspection may need to be paused, the lead inspector should use the relevant quality assurance support for that type of inspection – contacting a senior inspector (including through the regional duty desk) or RIM/SO or quality assurance manager as appropriate (see table in annex).

45. The lead inspector will set out to the senior inspector the reason for the proposed pause, and state whether a pause is necessary or other alternatives may be appropriate. These may include having a senior inspector take a remote, desktop review of the electronic evidence, or deploying a senior inspector to quality-assure the inspection.

46. WeThe senior inspector will check that appropriate steps have been taken if inspectors are concerned about the health or well-being of senior staff.

47. In all circumstances, the lead inspector should seek the views of the provider when making a decision to pause. The provider may wish to make alternative arrangements to allow the inspection to continue and/or so they can take appropriate steps to ensure continued leadership is in place, depending on the circumstances.

48. Any final decision needs to be made in line with the decision-making table annexed to this guidance.

Length of the pause

49. The senior inspector and the lead should consider eachthe individuallength of the pause being considered. Length will vary on a case-by-case basis but, in most circumstances, the inspection should resume on the next working day or at the earliest opportunity.

50. In deciding the length of the pause we will, where applicable, consider how quickly the provider can confirm to inspectors that the issues leading to the pause have been addressed and there is no significant detrimental effect on the day-to-day operations of the provider.

51. In most cases, we would not expect a pause to extend beyond the period set out in the table annexed to this document, depending on leaders’ capacity to maintain the typical day-to-day operations of the provider, and/or on inspector availability.

52. The length of the pause should balance the views of the provider with the circumstances leading to the pause and the need to put children and learners first. Inspectors should be aware of the additional pressure that an extended pause can have on all those involved in an inspection.

Process for the provider requesting a pause to an inspection

53. If a provider wishes to request a pause to an inspection, they should normally ask the lead inspector.

54. If the provider has concerns that they do not feel that they can discuss with the lead inspector (for example if the issue is connected with the lead inspector or the inspection itself) they should contact a senior inspector on itsthe merits.number Allgiven requeststo them during the inspection notification.

55. The senior inspector will belisten consideredcarefully byand Ofsted,record what has been said. Then, depending on the nature of the issue, they will usually contact the lead inspector to discuss the concern and decide how to proceed.

Next steps

56. If the decision is taken to pause the inspection, Ofsted will tell leaders (usually in lineperson but always with a follow-up email from the lead inspector or senior inspector on behalf of the region):

• that the inspection is being paused

• the likely timeframe for returning

• that this policy.will not affect the outcome of the inspection, and no judgement has yet been reached

• that we will inform them when the inspection resumes, which will be within the timeframe already stated

• that the inspection team may potentially be different when the inspection resumes.

57. If the decision is taken not to pause the inspection, the lead inspector/senior inspector should tell leaders that a localpause authoritywas requestsconsidered, and explain why the decision was made to continue the inspection without a deferralpause. They should also set out what other steps (if any) are being taken. The inspection team should keep a record of itsthese inspection,details.

58. The lead inspector should make sure that any relevant information about staff welfare and the welfare of children, young people and learners is passed on appropriately before leaving the site (or ending the off-site inspection).

Resuming the inspection

59. The inspection should resume in line with the agreed likely timeline. The circumstances leading to the pause will determine when and how the lead inspector mustmakes notifycontact Ofstedwith throughthe provider to resume the appropriateinspection.

60. regionIn some very exceptional cases, a pause may need to be longer than originally anticipated. In these circumstances the inspection may need to be treated as soonan incomplete inspection.

61. The decision on whether to be treated as possible.incomplete and use the gathering additional evidence policy will take account of:

Deferral

• the extent of JTAIsthe activity that remains to be completed

• the size and complexity of the inspection and the ability to reschedule it in a timely way, including where it is a joint inspection

• the reasons the pause has been extended. For example, it may be that the circumstances leading to the pause remain

We62. doThe notsenior anticipateinspector havingmust keep the provider informed, seeking the necessary sign-off internally in line with decision-making responsibilities.

Considerations for pausing specific inspections

Aligned/integrated inspections of state-funded or independent boarding schools and residential special schools

63. Where a boarding or residential special school’s inspection is aligned/integrated with an inspection of its boarding or residential provision, any decision as to deferpausing the inspection should be made separately for both elements of the inspection. It is possible, due to the different potential risks to children and young people in boarding or residential accommodation, that a different decision is made for one of the elements of the inspection. One inspection can be paused while the other continues (and the inspection would cease to be aligned/integrated).

Independent school inspections

64. We will always inform the DfE if we pause any type of independent school inspection.

Further education and skills inspections

65. Where Ofsted normally ask leaders who is responsible for their welfare (usually their employer), if there is not an employer, leaders can provide the name of someone else who we may contact in an emergency. The lead inspector will also inform the inspection nominee if there are any serious concerns.

Area SEND, ILACS and JTAI inspections/visits

66. inspectionArea SEND, ILACS and JTAI inspections/visits all have evidence-gathering activities carried out both remotely and on-site. Area SEND and JTAI inspections/visits are carried out jointly with other thaninspectorates. inIf exceptionalissues circumstances,arise, inspectors will first consider changing the timing of a planned activity, and/or substitute that with another activity, such as anvisiting extremea weatherdifferent provider or office, rather than pausing the inspection. Each case will, however, be considered on its own merits, and will require coordination and agreement with the other inspectorates, where relevant.

ITE inspections

67. Where the event is a multi-phase inspection of ITE provision, it may be appropriate to only pause one phase of the inspection.

Secure training centres

68. Secure training centre inspections are joint with CQC and HMI Prisons. Any decision will require coordination and agreement with the other inspectorates.

Part 3: Gathering Additional Evidence Protocol

69. This protocol applies where we need to gather additional evidence to secure the inspection evidence base, or when a pause to inspection goes on beyond the time specified in Part 2 (Pausing an inspection) of this document.

70. Part 3 of this guidance may often not apply to area SEND thematic visits. We do not publish reports about individual areas or make judgments about individual areas during these visits. We visit a small number of areas and share our findings in a national report. In rare instances where a thematic visit extends beyond the time specified in Part 2 due to exceptional circumstances, policy leads will decide if we have sufficient evidence from other majorvisits incident.on which to base our report findings.

71. If localthe areasevidence base is insecure or the inspection has been paused, we may need to gather further information in order to revise and report the findings.

72. This policy does not apply when we have concernssent aboutthe final version of the timingreport to the provider.

73. This policy also does not apply when an inspection may be unreliable for reasons other than an insecure evidence base, including when:

• it may have been carried out using an incorrect statutory power

• the inspection judgements reached relied on assessing matters or activities that fall outside our remits

In these circumstances, the regional director (RD), their relevant designated officer (RD’s delegate) or other relevant decision maker should seek urgent legal advice before taking further action.

Incomplete inspections following a pause in inspection

74. When an inspection is paused beyond the time specified in the annex of this document, it automatically becomes an inspection,incomplete theyinspection.

75. However, it is still possible that an inspection paused for less than the time specified in the annex of this document may submitsubsequently turn into an incomplete inspection if the inspection cannot resume within that timescale.

76. A paused inspection that is deemed incomplete will normally require a deferralfurther request,on-site withvisit.

Deciding whether the evidence base is secure

77. The RD or the RD’s delegate will refer to the evidence base and any supportingother reasons,appropriate material to decide whether the leadevidence base is secure.

78. If the decision maker considers that there are insecure elements in the inspection evidence base, they will consider whether legal advice is required from our legal services team. The decision maker will normally arrange for an evidence base review to be carried out.

Examples of when additional evidence may be needed when evidence bases are not secure

79. Examples of circumstances in which we may decide an inspection is incomplete include when:

• the evidence that the inspection team gathered and recorded does not substantiate key judgements

• the conduct of the inspection was such that we cannot rely fully on the evidence gathered and recorded to provide a fair and accurate view of the provider, in whole or in part

• the inspector or inspection team has not gathered sufficient evidence, or evidence of sufficient quality, to get a fair and accurate view of the provider, in whole or in part

• information applicable to the provider at the pointtime of notificationinspection has been received after the inspection and before publication of the inspection.inspection report. The relevance of the information received makes it necessary for us to review and reapply the evidence gathered at the inspection against the inspection outcome

• the inspector or inspection team was not able to complete their on-site evidence-gathering activities due to reasons beyond their or the provider’s control

What happens when we decide to gather additional evidence

80. We will considertake eachsteps individualto requestsecure onor itscomplete merits.the Allevidence requestsbase. These may include a further visit to the provider to gather more evidence. We will need to be consideredsatisfied jointlythat bythe Ofsted,evidence base is secure and that the CQCinspection process is complete before the inspection report is finalised.

81. Once we have decided that we need to secure or complete the inspection evidence, the decision maker will normally write to the provider to:

• explain the reasons why additional evidence is required

• if appropriate, offer an apology

• if appropriate, request further evidence or arrange a follow-up conversation with the inspector

• if appropriate, confirm that an inspector/inspection team will carry out a further visit in order to gather and analyse the necessary evidence to secure or complete the evidence base, and that this visit will take place as soon as practicable

82. The decision maker will also inform the relevant policy team, HMCI, Hisand Majesty’sOfsted’s InspectorateChief Operating Officer of Constabularythe decision.

83. There may be circumstances where we may need to carry out a further visit to a provider without notice. For example, this could be in relation to a safeguarding or child protection matter that has been brought to our attention after the inspection and Firebefore &the Rescuepublication Servicesof the inspection report.

Delaying publication on the Ofsted reports website to consider concerns

84. We have established processes for checking quality, finalising inspection reports and HMdealing Inspectoratewith concerns and comments raised by providers. Providers have an opportunity to highlight points of Probationclarity (whereor applicable),factual accuracy, or submit a formal complaint, about the inspection process or findings when they receive their draft inspection report. We will respond to any complaint before we finalise and send the final report to the school, as set out in our complaints procedure.

85. Very rarely, and usually after considering concerns raised by a provider or following our own internal pre-publication quality assurance processes, we may identify elements in the evidence base that are not sufficiently secure. This may mean that we need to take steps to secure or complete the evidence base.

86. In these cases, we will need to take further action to complete the inspection and we will not publish the inspection report on the Ofsted reports website until we are satisfied that the inspection judgements are secure and/or the inspection report’s narrative text is appropriately supported by evidence.

87. After we have completed any necessary further activity, we will send an amended draft inspection report to the provider for comments. We will then finalise and publish the amended inspection report in line with thisour policy.normal processes. This includes, where appropriate, consideration of any complaint prior to publication of the final report.

88. These situations should happen very rarely. However, when they do, it is important that we maintain full and sensitive communication with the provider throughout.

Gathering additional evidence – next steps

89. Further activity may focus on the insecure or incomplete elements of the evidence base. However, in some instances, the decision maker may determine that the inspector or inspection team must re-visit all elements of the evidence base to ensure that reliable judgements can be reached.

90. The decision maker may determine that the inspection’s evidence base can be secured or completed by requesting and/or receiving specified evidence from the provider, without the need for a further visit.

91. If we decide a localfurther areavisit requestsis necessary, the decision maker will normally:

• write to the provider as outlined above

• determine whether it is practicable to use the same inspector or inspection team (we maintain the right to use a deferraldifferent inspector or inspection team)

• determine whether to request further evidence and information for planning before the further visit

• confirm to the provider as soon as practicable:

  • the date of itsthe inspection,further visit

  • the identity of the inspector (and inspection team members as applicable)

  • any further evidence or information required before the further visit

92. We maintain the right to carry out a further visit without notice, for example in circumstances where concerns about the protection or safety of children have been brought to our attention.

93. At the end of the further visit:

• the lead inspector mustwill notifyprovide verbal feedback to the provider/manager in the usual way for the type of inspection being carried out or, if necessary, make arrangements with the provider/manager for feedback to be given at a later date

• the lead inspector will follow the usual steps set out in the relevant handbook (if there have been any changes to the handbook since the original visit, inspectors will use the handbook as it was at the time of the original visit)

• we will complete the quality assurance process set out in the relevant handbook

• we will clarify what impact (if any) the further visit has on the timescale for reinspection of that provider

Annex: Decision makers and lengths of pauses

Remit	Decision Maker	Who in Ofsted throughneeds to be consulted	Number of working days (see note 1) before a pause would engage part 3 of this guidance
State-funded schools	Regional director	Regional Help Desk National Help Desk	5
Independent schools	Regional director	Regional Help Desk National Help Desk	5
Early years and childcare provision	Regional director	Regional Help Desk National Help Desk	5 (see note 2)
Initial teacher education	Regional director	Regional Help Desk National Help Desk	15
Early career framework (ECF) and national profession qualifications (NPQ)	Regional director	Regional Help Desk National Help Desk	15
Further education and skills	Regional director	Regional SHMI National Help Desk	15
Area SEND	Regional director in consultation with CQC	Quality assurance manager, national directors or their deputies CQC	15
Childminder agencies	SHMI	Regional director	5
ILACS	Regional director	Quality assurance manager, national directors or their deputies.	5 or 15 depending on the appropriatenature regionof the inspection activity
JTAIs	Regional director in consultation with the other inspectorates	Quality assurance manager, national directors or their deputies. The other inspectorates as soonrelevant	15
SCCIF inspections	RIM	SHMI/RD	5 (see note 2)
Cafcass	Deputy directors	Quality assurance manager, national directors or their other deputies	5 or 15 depending on whether it’s a focused visit or a full inspection

Notes

<sup>1. A working day is usually any weekday other than a public holiday, which may not necessarily be the same as possible.the days that an inspected provider might operate.
2. Noting that where the inspection or regulatory event is based on risk to children, it may not be possible to pause.
View Annex: Decision makers and lengths of pauses.</sup>