Prevent in schools

The request was partially successful.

Rebecca Hickman

Dear Office for Standards in Education, Children’s Services and Skills,

Please can you send me:

a) Any documents, briefings, or communications, from May 2016 to today's date, relating to a) the implementation of Preventing Violent Extremism (‘Prevent’) in schools, and b) any matters relating to the treatment of Islamic customs and beliefs in schools.

b) Details of the Diversity training that HMIs receive.

c) Any content of the diversity training for HMIs relating to the treatment of different faith groups.

Yours faithfully,

Rebecca Hickman

InformationRequest, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman,

Please find attached our acknowledgement for your request for information.

Please do not hesitate to contact me with any queries.

Yours sincerely

Sally Telford
Information Delivery Co-ordinator
Information Management Team Ofsted
Tel: 03000131249
[email address]
www.ofsted.gov.uk
Ofsted on Twitter at http://twitter.com/Ofstednews
************************************************************************************************* Please consider the environment before printing this email ************************************************************************************************* We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary before opening any attachment to this message. The information in this email and any files transmitted with it may be of a confidential nature and is intended solely for the addressees. If you are not the intended recipient, any disclosure, copying or distribution by you is prohibited and may be unlawful. www.ofsted.gov.uk ************************************************************************************************* You can now register and subscribe for tailored Ofsted updates. Visit www.ofsted.gov.uk/user to register *************************************************************************************************

Karon Crew, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman

 

Please find attached a response to your request for information.

 

Regards

Karon

Karon Crew
Information Delivery Officer
Information Delivery Team
Ofsted | 2 Rivergate | Temple Quay | Bristol BS1 6EH

 

Direct Tel: 03000 131 294

 

Ofsted National Business Unit: 0300 123 1231

[1]www.ofsted.gov.uk
Ofsted on Twitter at [2]http://twitter.com/Ofstednews

 

*************************************************************************************************
Please consider the environment before printing this email

show quoted sections

You can now register and subscribe for tailored Ofsted updates. Visit
www.ofsted.gov.uk/user to register
*************************************************************************************************

References

Visible links
1. http://www.ofsted.gov.uk/
2. blocked::http://twitter.com/Ofstednews
file:///tmp/blocked::http:/twitter.com/Ofstednews

Rebecca Hickman

Dear Karon,

Many thanks for your response. I'm surprised that you think this information would take so long to gather, as it's on a narrow subject and a simple electronic subject search would locate it.

However, I've narrowed the request as follows. Please can you send me:

Any briefings or communications, from January 2017 to today's date, relating to a) the implementation of Preventing Violent Extremism (‘Prevent’) in schools, and b) any matters relating to the treatment of Islamic customs and beliefs in schools. The briefings or communications do not need to include any documents that only relate to or were part of the inspection of one particular school.

Many thanks for your assistance.

Yours sincerely
Rebecca Hickman

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...

InformationRequest, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman,

Please find attached our acknowledgement for your request for information.

Please do not hesitate to contact me with any queries.

Yours sincerely

Sally Telford
Information Delivery Co-ordinator
Information Management Team Ofsted
Tel: 03000131249
[email address]
www.ofsted.gov.uk
Ofsted on Twitter at http://twitter.com/Ofstednews
************************************************************************************************* Please consider the environment before printing this email ************************************************************************************************* We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary before opening any attachment to this message. The information in this email and any files transmitted with it may be of a confidential nature and is intended solely for the addressees. If you are not the intended recipient, any disclosure, copying or distribution by you is prohibited and may be unlawful. www.ofsted.gov.uk ************************************************************************************************* You can now register and subscribe for tailored Ofsted updates. Visit www.ofsted.gov.uk/user to register *************************************************************************************************

Karon Crew, Office for Standards in Education, Children's Services and Skills

Dear Ms Hickman

 

Thank you for your email dated 6 July 2018. You have requested:

 

“Any briefings or communications, from January 2017 to today's date,
relating to a) the implementation of Preventing Violent Extremism
(‘Prevent’) in schools, and b) any matters relating to the treatment of
Islamic customs and beliefs in schools. The briefings or communications do
not need to include any documents that only relate to or were part of the
inspection of one particular school.”

 

Since receiving your email, we have actively been establishing the
information we hold in relation to you request. It has, however, become
apparent that although you have narrowed your previous FOI request and
reduced the time frame for the information you are requesting, to comply
with your request, as it stands, would still exceed the ‘appropriate
limit’ as set out under Section 12 of the Freedom of Information Act. If
the cost limit can be applied to any one element of your request, then the
whole request will come under the limit and we cannot respond to your
request in full.

 

You are asking for any briefings or communications in relation to parts a)
and b) of your request. To search for this information would involve a
number of different teams and all eight regional teams. The request for
"briefings or communications" is, in of itself, very broad - encompassing
all documents and emails, and you also request "matters relating to the
treatment of Islamic customs and beliefs in schools" this is also unclear
as to precisely what information you are seeking?

 

In such circumstances where a public authority, such as Ofsted, is
considering the use of section 12 it is obliged under section 16 of the
Act to provide advice and assistance to the individual making the request.

 

This email is not a formal refusal of your request. However, we are unable
to proceed any further with your request, as it currently stands. We are
therefore emailing you to enquire whether you can further narrow or revise
the scope of your request, as well as provide some clarification of the
information you are seeking.

 

I would be grateful if you could consider this email, and inform me as to
how you wish to proceed with your request.  Please note however, if you do
not narrow or revise the scope of your request, we will be unable to
proceed any further and will issue a formal refusal under Section 12 of
the Act.

 

If you wish to discuss this further please contact me. Alternatively,
please email me confirming how you wish to proceed.

 

I look forward to hearing from you.

 

Regards

Karon

Karon Crew
Information Delivery Officer
Information Delivery Team
Ofsted | 2 Rivergate | Temple Quay | Bristol BS1 6EH

 

Direct Tel: 03000 131 294

 

Ofsted National Business Unit: 0300 123 1231

[1]www.ofsted.gov.uk
Ofsted on Twitter at [2]http://twitter.com/Ofstednews

 

*************************************************************************************************
Please consider the environment before printing this email

show quoted sections

You can now register and subscribe for tailored Ofsted updates. Visit
www.ofsted.gov.uk/user to register
*************************************************************************************************

References

Visible links
1. http://www.ofsted.gov.uk/
2. blocked::http://twitter.com/Ofstednews
file:///tmp/blocked::http:/twitter.com/Ofstednews

Rebecca Hickman

Dear Karon Crew,

Thank you for your helpful response.

I've tried to be more specific below:

- Could you send me any kind of memo, guidance or circular that has been given to inspectors in relation to a) the implementation of Prevent in schools or b) schools' policies/approaches to Islamic customs and beliefs, between . The memo or guidance would have been written by and cascaded from Ofsted senior management at head office. This request excludes memos or guidance issued by the regional teams. This request also excludes any individual communications (e.g. emails) on these topics - i.e. where the communication was not part of general guidance but related to a specific school or matter.

I hope that helps.

Yours sincerely,

Rebecca Hickman

Karon Crew, Office for Standards in Education, Children's Services and Skills



I am out of the office until 24 July 2018 and my inbox will not be
monitored. If you wish to make an information request or there is an
urgent matter please email [Ofsted request email] and a
colleague will respond to you in my absence.

 

Many thanks

 

 

 

*************************************************************************************************
Please consider the environment before printing this email

show quoted sections

You can now register and subscribe for tailored Ofsted updates. Visit
www.ofsted.gov.uk/user to register
*************************************************************************************************

InformationRequest, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman,

Please find attached our acknowledgement for your request for information.

Please do not hesitate to contact me with any queries.

Yours sincerely

Sally Telford
Information Delivery Co-ordinator
Information Management Team Ofsted
Tel: 03000131249
[email address]
www.ofsted.gov.uk
Ofsted on Twitter at http://twitter.com/Ofstednews
************************************************************************************************* Please consider the environment before printing this email ************************************************************************************************* We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary before opening any attachment to this message. The information in this email and any files transmitted with it may be of a confidential nature and is intended solely for the addressees. If you are not the intended recipient, any disclosure, copying or distribution by you is prohibited and may be unlawful. www.ofsted.gov.uk ************************************************************************************************* You can now register and subscribe for tailored Ofsted updates. Visit www.ofsted.gov.uk/user to register *************************************************************************************************

Karon Crew, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman

 

Please find attached a response to your request for information.

 

Regards

Karon

Karon Crew
Information Access Officer
Information Rights and Access Team
Ofsted | 2 Rivergate | Temple Quay | Bristol BS1 6EH

 

Direct Tel: 03000 131 294

 

Ofsted National Business Unit: 0300 123 1231

[1]www.ofsted.gov.uk
Ofsted on Twitter at [2]http://twitter.com/Ofstednews

 

*************************************************************************************************
Please consider the environment before printing this email

show quoted sections

You can now register and subscribe for tailored Ofsted updates. Visit
www.ofsted.gov.uk/user to register
*************************************************************************************************

References

Visible links
1. http://www.ofsted.gov.uk/
2. blocked::http://twitter.com/Ofstednews
file:///tmp/blocked::http:/twitter.com/Ofstednews

Karon Crew, Office for Standards in Education, Children's Services and Skills

1 Attachment

Dear Ms Hickman

 

Please find attached a response to your request for information.

 

Regards

Karon

Karon Crew
Information Access Officer
Information Rights and Access Team
Ofsted | 2 Rivergate | Temple Quay | Bristol BS1 6EH

 

Direct Tel: 03000 131 294

 

Ofsted National Business Unit: 0300 123 1231

[1]www.ofsted.gov.uk
Ofsted on Twitter at [2]http://twitter.com/Ofstednews

 

*************************************************************************************************
Please consider the environment before printing this email

show quoted sections

You can now register and subscribe for tailored Ofsted updates. Visit
www.ofsted.gov.uk/user to register
*************************************************************************************************

References

Visible links
1. http://www.ofsted.gov.uk/
2. blocked::http://twitter.com/Ofstednews
file:///tmp/blocked::http:/twitter.com/Ofstednews

Dear Karon Crew,

Many thanks for your response.

I just realised that I needed clarification on one thing. Please can you confirm that reference to senior managers includes HMCI, as that was my intention but I perhaps should have been explicit. If not, please could you check whether any further relevant information is held.

Many thanks

Yours sincerely,
Rebecca Hickman

Karon Crew, Office for Standards in Education, Children's Services and Skills

Dear Ms Hickman

Thank you for your email.

I can confirm that our response did include HMCI in our reference to senior managers.

I hope this is helpful.

Regards

Karon

Karon Crew
Information Access Officer
Information Rights and Access Team
Ofsted | 2 Rivergate | Temple Quay | Bristol BS1 6EH

Direct Tel: 03000 131 294

show quoted sections

Dear Karon Crew

I am writing to request an internal review of Office for Standards in Education, Children’s Services and Skills's handling of my FOI request 'Prevent in schools'.

I do not accept that Section 33 is engaged in terms of my request. Specifically, releasing Ofsted's internal training materials relating to implementing the Prevent duty in schools would not harm your ability to carry out inspection work but would be likely to enhance it by promoting better compliance among schools. However, more fundamentally, I am not sure that your understanding of a) schools' responsibilities in relation to the Prevent duty, b) Ofsted's responsibilities in terms of monitoring the Prevent duty, are correct in law.

The extent and limit of the obligation of schools in relation to the Prevent duty is to have “due regard to the need to prevent people from being drawn into terrorism”, and in so doing to have due regard to the statutory guidance. As you point out, the statutory guidance is publicly available. It sets out four key areas of responsibility for schools which are risk assessment, staff training, partnership-working and IT policies. More detailed non-statutory guidance has been published on these areas by DfE to assist schools.

The monitoring role of Ofsted set out in the statutory guidance is limited and simply repeats Ofsted's wider role in respect of safeguarding. Therefore, Ofsted's role is to ensure that a school has 'due regard to' the statutory guidance and to the need to prevent children from being drawn into terrorism. Ofsted's role is not to monitor how a school is implementing the statutory guidance against a set of internal (unpublished) criteria or using unavailable 'examples' or 'techniques' because this would a) suggest that the law says that the prevent duty must be implemented in a prescribed way (which it does not, hence the deliberate use of the term 'have due regard to'), and b) would over-reach Ofsted's statutory role which is to monitor whether or not schools have due regard to the statutory guidance not to interpret the statutory guidance beyond what is already available through the DfE's non-statutory guidance.

This part of your response is particularly problematic:
'Publicly sharing even parts of these training materials would reveal techniques and examples used by inspectors to identify how Prevent is being implemented in schools. We believe that disclosing this information will hamper inspectors in conducting their work, as details of the training received can assist those seeking to mislead inspectors, or may be used to disguise failings schools may have in implementing Prevent.'

You are here suggesting that there is some knowledge or understanding around how the Prevent duty should be implemented in schools that should only be available to Inspectors. I am struggling to see how that is consistent with the law in this area. Furthermore, if it were true that Inspectors were, through their training, given particular insights into the legal scope and correct implementation of the Prevent duty, it would surely only enhance the implementation of the duty in schools if school leaders were also given access to this information?

It is quite astonishing to say, as you do, that Ofsted is concerned that school leaders may want to 'hamper' or 'mislead' inspectors. Most if not all school leaders would be anxious to ensure proper and considered implementation of the Prevent duty in their schools and therefore the additional information in your training materials for Inspectors could only assist them. Further, your response worryingly suggests that the role of Ofsted is to catch out schools rather than to support them to improve.

For all the reasons above, I do not accept that Section 33 is engaged. If however, it is engaged, I do not think that you have applied the public interest test properly. The public interest here lies in proper implementation of the Prevent duty in schools. If parents have a clear and specific understanding of what is expected of schools in this regard (including what examples of poor practice or omissions look like), they would be able to demand this of schools themselves where they see failings. Parents are a considerably more effective monitoring mechanism in this regard than Ofsted, given that they are in touch with schools constantly rather than once every few years.

In respect of Section 31, I think your application of this exemption is erroneous. You say that 31(1)(a) and (b) are engaged here, but they cannot be because neither 'the prevention or detection of crime' nor 'the apprehension or prosecution of offenders' are functions or responsibilities of Ofsted in relation to the Prevent duty. As I have already explained above, a school's duty is to 'have due regard to' the statutory guidance and Ofsted's role is to monitor implementation of this duty. If Ofsted could show that a school had not had due regard to the statutory guidance, a crime would not have been committed and there would not be an offender. You also say that 31(2)(b) is engaged. However, this states that the PURPOSE of the public authority's function is 'ascertaining whether any person is responsible for any conduct which is improper'. This is not the purpose of Ofsted's function in respect of monitoring the Prevent duty. Section 72 of the statutory guidance sets out the extent of Ofsted's monitoring and enforcement powers and these do not include findings of improper conduct. Ofsted again therefore appears to be enlarging its role beyond that envisaged and mandated by law.

For all of these reasons, I would like you to reconsider your decision to withhold Ofsted's training materials relating to the Prevent duty. If you consider that there is still a case for Section 33 to apply to SOME PARTS of the training materials, you should consider redacting these parts and releasing the rest of the materials.

Yours faithfully,
Rebecca Hickman

InformationRequest, Office for Standards in Education, Children's Services and Skills

Dear Ms Hickman,

Thank you for your email of 8 September 2018 in which you requested an internal review of Ofsted’s handling of your request.

As you are unhappy with the original response you received to your request for information, an independent review of the decision will be carried out. The review will concentrate on the handling of your request and the application of the exemptions used to withhold the information.

We aim to provide a response by 5 October 2018.

Yours sincerely,

Alastair O’Neill
Information Access Officer
Information Rights and Access Team

Ofsted National Business Unit: 0300 123 1231
www.gov.uk/ofsted
Ofsted on Twitter at http://twitter.com/Ofstednews

************************************************************************************************* Please consider the environment before printing this email ************************************************************************************************* We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary before opening any attachment to this message. The information in this email and any files transmitted with it may be of a confidential nature and is intended solely for the addressees. If you are not the intended recipient, any disclosure, copying or distribution by you is prohibited and may be unlawful. www.ofsted.gov.uk ************************************************************************************************* You can now register and subscribe for tailored Ofsted updates. Visit www.ofsted.gov.uk/user to register *************************************************************************************************

Richard McGowan, Office for Standards in Education, Children's Services and Skills

2 Attachments

Ms Hickman,

Please find attached Ofsted's response to your request for internal review and also information that you have requested.

I am sorry this has taken longer than intended to complete.

Yours sincerely,

Richard McGowan
Head of Information Rights & Correspondence
External Relations
Ofsted

T 03000 131 440 | E [email address] | Clive House | 7 Petty France | London | SW1H 9EX | W www.ofsted.gov.uk Follow Ofsted on Twitter at http://twitter.com/Ofstednews

show quoted sections