School considers legal challenge to inspectors' report

Head teacher surprised by second visit about `serious weaknesses', reports Fran Abrams

Government inspectors face their first legal challenge from one of three schools they have accused of failing pupils. All three schools had previously passed an inspection.

The governors of Breeze Hill school in Oldham, Greater Manchester, have failed in a High Court action to stop publication of the inspectors' report which makes the claim, but are considering further action against the school inspection body, Ofsted, whenit does publish early next month.

Breeze Hill's head teacher, Bernard Phillips, says he was taken completely by surprise when he received a phone call almost a year after the original inspection in November 1993, to say that Her Majesty's Inspectorate of Schools was planning to visit because his school had "serious weaknesses".

The original report, compiled by a privatised inspection team on behalf of Ofsted, was very positive about the school. It said teachers had a calm and caring attitude, that discipline was good and that pupils were fulfilling their abilities. It added that although exam results were unsatisfactory and attendance was low, these were improving.

"In the classroom there are good relationships between teachers and pupils, and among the pupils. Such relationships contribute to effective and positive learning," it said.

The school has been backed by its local authority in its action against Ofsted. Mr Phillips says that when the HMIs employed by Ofsted made their visit in September 1994, they appeared interested only in the aspects of school life which might give cause for concern.

He says that while still low, the number of pupils gaining five or more A-C grades at GCSE rose from 6 to 12.8 per cent last year. Fifth-year attendance had risen from between 50 and 60 per cent to between 75 and 80 since he took over three years ago, but had been measured by the HMIs during the summer term, when many pupils were on GCSE study leave. After their visit, the HMIs told the school their report would say it was failing to provide an adequate standard of education and was in need of special measures.

These could lead to the school being taken over by an "educational association" and forced to become grant-maintained. Of 13 secondary schools to fail an inspection since the new system was launched in September 1993, three have done so after previously being passed by a privatised team.

Mr Phillips believes the HMIs' findings will be open to challenge once their report is published. Existing HMIs have worked for Ofsted since it took over from Her Majesty Inspectorate of Schools.

"We have got to expose what we feel is an injustice. What is happening is almost a political decision to fail schools,"

Mr Phillips said.

An Ofsted spokesman denied there was any political imperative to fail more schools. Breeze Hill had received another visit because of poor exam results and attendance, and its high numbers of exclusions, he said.