APPENDICES TO THE MINUTES OF EVIDENCE
Memorandum submission by the Commission
for Racial Equality (OFS 01)
OFSTED is bound by the positive duty
to promote race equality arising from the Race Relations Amendment
Act (2000). It has a specific duty to prepare and publish a Race
OFSTED's Race Equality Scheme should
be supported by an action plan.
Many of the bodies that OFSTED inspects
are subject to the positive duty. The CRE is seeking OFSTED's
commitment to build the positive duty into all of its inspection
OFSTED needs to monitor how effectively
inspectors inspect and report on race equality, including implementation
of the positive duty.
The CRE wishes to establish a collaborative
working relationship with OFSTED which will include sharing information
about racial equality good and bad practice.
The commitments set out in OFSTED's
Race Equality Scheme need to be integrated into their Corporate
The School Inspection Framework needs
to include an explicit requirement to inspect and report on the
extent to which a school complies with equalities legislation
including the positive duty.
Race equality and the requirements
of the positive duty need to be built into school self-evaluation
materials and related guidance and training.
Post-16 inspections need to take
account of the Learning and Skills Council's (LSC) equality and
diversity performance review measures, including the measure to
review FE College performance against CRE guidance, endorsed by
the Association of Colleges and LSC, Framework for preparing
a race equality policy.
The Framework and the Handbook
for the Inspection of Initial Teacher Training (2002-08) do
not explicitly require inspectors to evaluate and report on some
of the key race equality issues affecting teaching training. OFSTED
should issue further guidance and training to address this point.
1. The Government, in its action plan responding
to the recommendations of the Stephen Lawrence Inquiry report,
gave OFSTED a leading role in monitoring the implementation of
strategies to prevent and address racism in schools. In light
of this, in 1999, the CRE commissioned research into the application
of the schools inspection framework. The report
found that OFSTED's role in addressing racial equality was not
clearly articulated or recognised. It found that training for
inspectors on inspecting these issues was inadequate and that
inspection reports' coverage of racial equality issues, such as
the reporting of differential attainment by ethnicity, was generally
missing or of poor quality.
2. In 2000 the CRE published Learning
for All: standards for racial equality in schools. The standard
was distributed to all schools in England and Wales and has become
a standard reference for schools when auditing their performance
and planning action.
3. OFSTED has developed and delivered guidance
and training on evaluating educational inclusion for all school
inspectors. Learning for All was used as a cross-reference
when developing the guidance and training. The training is compulsory,
and every inspector must complete the training in order to become
or remain a registered inspector. Informal feedback from some
LEA-based OFSTED inspectors suggests that the training and guidance
have been very helpful, but that it has just "scratched the
surface" and more guidance and training is needed.
4. The Race Relations Amendment Act now
places a positive duty on listed public authorities, in carrying
out their functions, to have due regard to the need to eliminate
unlawful racial discrimination and promote equality of opportunity
and good race relations. In addition to this general duty, some
public authorities have specific duties placed on them. OFSTED,
and many of the bodies they inspect, such as schools, colleges
and local education authorities, are among the listed bodies that
are subject to both the general duty and to specific duties. As
of the 31 May 2002, OFSTED was required to have prepared and published
a Race Equality Scheme setting out its arrangements for meeting
the general duty and its specific duties.
5. OFSTED has published its Race Equality
Scheme. The Scheme is a positive attempt to address race equality
issues within OFSTED, but there are areas of the Scheme where
improvements are needed. The Scheme also needs to be supported
by an action plan.
6. The duty to promote race equality applies
to all functions that are relevant to race equality, including
inspection. The CRE has produced guidance, The Duty To Promote
Race Equality: A Framework for Inspectorates, and is working
very closely with the national forum for inspectorates and individual
inspectorates, including OFSTED, to build inspection of the positive
duty into inspection frameworks. OFSTED have indicated that they
will use the guidance to help build the positive duty into their
various inspection frameworks and supporting guidance.
7. It is essential that OFSTED monitor how
effectively inspectors inspect and report on race equality, including
implementation of the positive duty. OFSTED has made a commitment
to examine and report on school race equality policies, and schools'
arrangements for meeting their other duties. We are, however,
concerned that this message, and what it means in practice, is
not getting through to all inspectors. For example, a head teacher
of a predominantly white school contacted us to express concerns
about the OFSTED inspectors who recently inspected her school.
The Head stated that the inspectors dismissed the work that she
and her school had put into preparing a race equality policy and
meeting the positive duty as not particularly relevant because
the school had a very small ethnic minority population. She was
keen to stress to us that she saw race equality as an important
issue, because the school had a very small ethnic minority population.
We support her view and emphasise that the positive duty applies
to all maintained schools, irrespective of their ethnic make-up.
8. The CRE is seeking to establish effective
collaborative relationships with individual inspectorates. In
particular, we are keen to identify ways in which we can share
information, for example, so that racial equality concerns relating
to a particular public authority can be used to inform pre-inspection
decisions. OFSTED have not yet given their commitment to a collaborative
working relationship of this type.
9. In some particular respects the Corporate
Plan 2001-02 reflects a role for OFSTED which embraces racial
equality. For example, there is reference
to the guidance on evaluating educational inclusion, "including
school practice on race equality" and to the associated training.
And mention is made of reports on the National Literacy Scheme
and inclusion "with special reference to minority ethnic
pupils and Travellers and refugees",
on the use of the Ethnic Minority Achievement Grant, on the achievement
of Black Caribbean pupils, and on school policy and practice on
However, there is no substantial focus in the plan on race equality
that measures up to the role the Lawrence action plan envisaged.
There are gaps: for example, the section on "valuing [staff]
contains no indication that OFSTED will work towards staffingincluding
contracted inspectorswhich reflects the diversity of the
parent and pupil population. Most important, there is no reference
to the need for OFSTED to comply with the general duty and publish
a Race Equality Scheme.
10. OFSTED has published its Race Equality
Scheme and this does address some of the concerns highlighted
above. For example, the Scheme sets out how OFSTED will meet the
specific duties in employment, and makes a commitment to take
action tackle under-representation and remove barriers and promote
equality of opportunity. However, if OFSTED is to demonstrate
its full commitment to race equality, these should also be included
in the Corporate Plan.
11. The CRE gave extensive comments on the
consultation draft of the inspection framework for schools. We
have not seen the latest draft of the inspection framework and
cannot, therefore, comment on the version that is to be piloted
over the next few months. The comments made here relate to the
12. In our consultation response, we stated
that the framework should include an explicit requirement for
inspectors to evaluate and report on whether schools are complying
with statutory equalities legislation. We stressed that the point
should be a main bullet point because this means that inspectors
MUST evaluate it, rather than a sub-bullet, which only requires
inspectors to consider as appropriate. We suggested that the bullet
"How far and how effectively
the school complies with duties under equalities legislation,
including the duty to promote race equality".
13. School inspections are making greater
use of school self-evaluation. We stated that it is essential
that the requirements placed on schools by the duty to promote
race equality are integral to, and addressed explicitly in all
self-evaluation materials, guidance and training. We also said
that there is a need for consistency between what OFSTED does
in relation to self-evaluation and the work done by other bodies
such as the National College for School Leadership and the DfES.
The draft inspection framework and the related guidance have a
critical role to play in shaping what is addressed in self-evaluation
training and guidance materials.
14. The "S Forms", which schools
complete prior to inspection, require schools to provide ethnic
data on the attainment and progress of pupils and on exclusions.
Schools have a specific duty to monitor and assess the impact
of policies on pupils from different racial groups. It is essential
that guidance given to inspectors makes it clear that they should
evaluate how effectively schools use ethnic data on performance
and progress and exclusions to inform planning and decision-making.
15. The Common Inspection Framework for
post-16 inspections requires inspectors to inspect and report
on equality issues. However, equality is looked at generically
and this could mean that race equality issues are not addressed
explicitly in an inspection. It is essential that post 16-inspectors
inspect and report on race equality and the positive duty.
16. We have met with the Adult Learning
Inspectorate (ALI) and plan to have a further meeting with both
OFSTED and the ALI to identify how inspecting the positive duty
can be built into post 16 inspections. One issue that needs to
be addressed concerns the fact that the Common Inspection Framework
covers bodies (such as FE Colleges) that are subject to the positive
duty, and bodies (such as private and voluntary organisations)
that are not bound by the duty. Our key concern is that the common
process does not become an excuse for inspectors to not inspect
compliance in those institutions which are covered by the duty.
An important point to note here is that the Learning and Skills
Council, in its Race Equality Scheme, has made a commitment to
monitor implementation of FE Colleges' race equality policies
as part of college performance reviews.
We believe that this provides post-16 inspectors with the grounds
to inspect and report on implementation of the positive duty in
17. In addition, we believe that LSC performance
reviews should require all providers, including those that are
not directly subject to the positive duty, to address the essence
of the duty.
Inspection of all providers should, therefore, be looking for
evidence of compliance with the general duty. Prior to the revision
of the Common Inspection Framework and supporting guidance, we
recommend that OFSTED and the ALI issue interim guidance to inspectors
which makes it clear that they should be inspecting and reporting
on implementation of the positive duty.
18. There are a number of race equality
concerns relating to initial teacher training. One concern relates
to the recruitment of people from ethnic minorities to teaching.
The Teacher Training Agency has a target of increasing the percentage
of people from ethnic minorities who are recruited to teacher
training to 9% in the year 2005-06.
19. Another concern relates to retention.
Informal feedback suggest that the proportion of ethnic minority
trainees dropping out of teacher training is higher than the average,
although there is currently no statistical evidence available
to enable these concerns to be substantiated. Further and higher
education institutions have a specific duty placed on them to
monitor the admission and progress of students for different racial
groups. This duty will mean that, in the future, Teacher Training
Establishments should be able to provide ethnic data on retention
rates of students.
20. Allied to the issue of retention, there
is evidence that some ethnic minority students encounter racial
harassment and discrimination whilst on placement. It is vital
that all Teacher Training Establishments have clear race equality
and racial harassment policies and take action with the placement
school to ensure that there is no repetition.
21. If students leaving Teacher Training
Establishments are to be fully effective as teachers then they
need to be able to teach and support pupils from all racial groups,
and to address and tackle racism when it occurs. Teacher Training
Establishments need to ensure that their teaching programmes enable
trainees to gain and practise these skills.
22. The OFSTED Handbook for the Inspection
of Initial Teacher Training (2002-08), which includes the
framework and supporting guidance for inspectors, sets a number
of questions and statements which inspectors must use when evaluating
and reporting on an Initial Teacher Training provider. Race equality
and the requirements of the positive duty are incorporated into
guiding statements in the section on inspecting management and
The CRE welcomes the explicit inclusion of these statements in
the Handbook, but is concerned that race equality is not adequately
addressed throughout the rest of the document. We are particularly
concerned that the Handbook focuses on the procedures and does
not explicitly require inspectors to inspect and report on key
issues such as:
how well trainees are equipped to
teach and support pupils from all racial groups,
whether trainees are equipped to
promote tackle racism and promote equality of opportunity and
good race relations in the classroom,
whether the provider adequately supports
trainees who are the victims of racism and racial harassment,
whether there are variations in the
retention for students from different racial groups.
We recommend that OFSTED take steps to address
this issue by providing Inspectors of Initial Teacher Training
with further guidance and training.
1 Audrey Osler and Marlene Morrison, Inspecting Schools
for Racial Equality: OFSTED's strengths and weaknesses, Trentham
Books, 2000. Back
Paragraph 8. Back
Paragraph 36. Back
Paragraph 38. Back
Paragraphs 107-117. Back
The Race Equality Scheme states that Colleges will be reviewed
on their work to implement "Framework for Preparing a Race
Equality Policy". The guidance was issued jointly by the
CRE, LSC and Association of Colleges. In meeting the recommendations
set out in this guidance, colleges should be covering their arrangements
for meeting their other duties. Back
The LSC is introducing Equality and Diversity Impact Measures
which will be used to measure recruitment, retention and achievement
of learners by race, gender and disability. Back
Handbook for the Inspection of Initial Teacher Training (2002-08),
pages 9 and 10. Back