Written evidence from Ofsted (KCI 37)

Whitehall’s relationship with Kids Company

Ofsted is pleased to submit written evidence to the Public Administration and Constitutional Affairs Select Committee in relation to the inquiry into Kids Company.

Whilst Ofsted has conducted a number of inspections in settings that were run by Kids Company, the inspectorate has limited powers to inspect several of the services which they offered to young people prior to closure. Much of the services operated by Kids Company fall outside of Ofsted’s legal remit for inspecting schools, early years, further education and skills and social care provision.

As a statutory body Ofsted regulates and inspects services governed by statute and does not have the power to routinely inspect non-statutory services for young people. However, Ofsted does possess powers to investigate education and care provision in circumstances where we or the Department for Education (DfE) have reasonable belief that the provision is operating unlawfully. Section 118 of the Education and Inspections Act 2006 sets out the general duties of Her Majesty’s Chief Inspector for Education, Children’s Services and Skills. This enables the Chief Inspector to provide advice on matters which fall within his remit and also provides for the Secretary of State to request information or advice on matters within that remit.

Ofsted’s inspection history in relation to Kids Company consists of inspections of early years and education provision. These inspections were undertaken in line with the relevant legislation[1].

Inspecting Kids Company provision

For some of its services for young people, Kids Company qualified to be inspected against the independent school standards. Services qualified if they were providing full-time education for:

• five or more pupils of compulsory school age, or
• at least one pupil of that age for whom a statement is maintained or who is looked after by a local authority.

The standards are set out in The Education (Independent School Standards) Regulations 2014[2], which specify the provision a school must make. Schools must meet these standards in order to register, and to continue to be registered, as independent schools.

The Secretary of State is the registration authority for independent schools in England, and maintains a register of independent schools. As Ofsted is not responsible for the registration of independent schools, information about them, including those with charitable status, is not held by the inspectorate.

When a proprietor has made an application for registration of an independent school the Secretary of State will commission Her Majesty’s Chief Inspector to inspect the school. The purpose of the inspection is to report to the registration authority on the extent to which the independent school standards are likely to be met if the school were to be registered.

Registration is a requirement to legally operate as an independent school. It is an offence not to do so, under section 96 of the Education and Skills Act 2008. If Her Majesty’s Chief Inspector has reasonable cause to believe that an offence is being committed, he has the power to enter and inspect the premises, under section 97 of the Act.

Ofsted also inspected one early years setting run by Kids Company prior to its closure.

In addition to inspection, Ofsted is responsible for the registration and regulation of early years providers. The Childcare Act 2006 establishes Her Majesty’s Chief Inspector as the authority for regulating childminding and childcare on domestic and non-domestic premises in England. It gives him responsibility for the registration and inspection of providers registered on the Early Years Register and the Childcare Register and the responsibility for enforcement where it appears that legal requirements are not being met.

Once a provider is registered on the Early Years Register, Ofsted carries out regular inspections to evaluate the overall quality and standards of the early years provision in line with the principles and requirements of the ‘Statutory framework for the Early Years Foundation Stage’.

Inspection activity

Ofsted’s powers to inspect the services that were provided to young people by Kids Company are limited. Ofsted’s inspection history shows that it conducted two inspections of one early years setting, two pre-registration inspections related to education provision at a setting, and one inspection to a setting in relation to concerns about the operating of an unregistered school. No inspection activity took place under the social care or further education and skills remits. Ofsted does not possess general discretion to inspect services for children and young people that fall outside of the scope of its remit. 

Early Years

• The Tree House, London: Ofsted last inspected the setting on 19 September 2013 and judged it to be good. Ofsted previously inspected this setting on 23 June 2010 and judged it to be good[3]. The setting closed on 17 August 2015.

Education

• Kids Company Centre, Bristol: Ofsted conducted two independent school pre-registration inspections to Kids Company’s centre in Bristol at the commission of the Department for Education. The first (17 July 2014) concluded that registration was not recommended as they were unlikely to meet the necessary standards. A second pre-registration inspection (6 May 2015) found that the school was still unlikely to meet all the necessary standards when open.
• Arches II, London: the Department for Education alerted Ofsted to concerns that an unregistered school was being operated on the site. Kids Company ceased operation before Ofsted’s inspection and as a consequence, Ofsted found no evidence of an unregistered school being operated.

November 2015

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