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Court refuses Headteachers’ Union permission to challenge Ofsted framework and rejects application for interim relief

04/11/25

On 9 September 2025 Ofsted announced the renewed framework that will govern school inspections in England. On 3 November 2025 Saini J refused an application brought by the National Association of Headteachers (“NAHT”) for permission to challenge that framework by way of judicial review.

The NAHT argued that Ofsted had predetermined the outcome of its consultation process. It also said that Ofsted had failed properly to take account of the wellbeing implications of the new framework. Following an oral hearing, at which the Court also heard the Claimants’ application for interim relief to stop the new framework going into effect, permission to argue the judicial review claim was refused.

The NAHT has already indicated that it intends to appeal to the Court of Appeal.

Given the urgency of the case – the new Ofsted framework comes into effect on 10 November 2025 - the Court gave oral reasons, with a full judgment to follow this week.

Tim Johnston appeared as junior counsel for Ofsted, instructed by Ofsted Legal Services.

All members of Brick Court Chambers are self employed barristers. Any views expressed are those of the individual barristers and not of Brick Court Chambers as a whole.