Appeals Against Inspectors' Reports
IntroductionSection 13(9) of the Education Act 1998 provides that a school or a teacher affected by an inspection may request a review of that inspection in accordance with a procedure determined by the Chief Inspector. This procedure provides as follows: “A teacher or a Board of a school may request the Chief Inspector to review any inspection carried out by an Inspector which affects the teacher or the school and the Chief Inspector shall review the inspection in accordance with such procedures as the Chief Inspector shall determine.”
Section 13(9) procedures were first published by the DES in September 2002. The INTO criticised the procedures in a number of respects specifically that the 2002 document did not make any reference whatsoever to complaints or grievances and that it did not purport to be a new complaints procedure and that it did not justify the replacement of Circular 17/84 which outlined the previous complaints procedure. In particular the INTO argued that the 2002 document was silent on the application of due process with regard to the method of investigation to be adopted by the Inspectorate, the right to representation, the right to appeal and in particular the lack of independence of the procedure which, by in large, resulted in the Inspectorate investigating themselves. The INTO called on the Department to immediately review Section 13(9).
In 2005 the Chief Inspector, Mr. Eamonn Stack, stating that the INTO had a number of compelling points and he confirmed that the review would bring about changes resulting in a more robust procedure.
Section 13(9) Procedure
In June 2006 the Department published a new procedure for review of Inspections on schools and teachers under Section 13(9) of the Education Act 1998. The procedure provides for a school or a teacher that is dissatisfied with the professional work of the Inspectors or an Inspectors report may seek a review. The Education Act provides that a review may be sought by a teacher affected by an inspection or by the Board of Management of a school affected by an inspection. Where a Board of Management seeks a review the request is normally made by the Chairperson of the Board or a person nominated by the Board of Management to act on its behalf for the purposes of the review.
The procedure for review may be used by a teacher or a board when a concern occurs regarding the work of the Inspectorate. A teacher or a Board may seek a review where he/she or the Board believes that one or more of the following circumstances can be shown to apply:
- That an Inspector did not make reasonable efforts to carry out his/her duties in accordance with the Inspectorate’s Professional Code of Practice on Evaluation and Reporting;
- That an Inspector, when conducting an evaluation, did not make reasonable efforts to comply with the published procedures for conducting the type of evaluation involved;
- That the written report arising from an inspection did not comply with the principles regarding reporting outlined in the Inspectorate’s Professional Code of Practice on Evaluation and Reporting; and
- That the Inspectorate did not make reasonable efforts to comply with the published procedures concerning the publication of school reports.
Resolving a Concern Informally
Where a teacher or the Board of Management has a concern about the work or actions of an Inspector, the matter should be brought the attention of the Inspectorate informally at first. The teacher or the Chairperson of the Board can do this in the following way.
Resolving a Concern at School Level
If a teacher has a concern about the work of an Inspector the teacher should bring the matter to the attention to the Inspector during the time that the inspection work is in progress in the school.
The Inspector and the teacher should seek to resolve the matter informally between them. Inspectors are encouraged to do everything possible to ensure that a teacher affected by an inspection is given opportunities to raise any concern that he/she may have while the inspection visits or the post inspection feedback are underway in the school. The procedures provide that if an issue arises during the course of a classroom visit the teacher should raise the matter with the Inspector involved immediately on the conclusion of the classroom visit. Similarly a teacher who has a concern about the oral feedback presented by an Inspector should raise this concern with the Inspector at the conclusion at the post inspection meeting.
If it is not possible to raise the concern on the day in which it occurs it should be raised on the next school day, either in person or by telephone. Inspectors are encouraged to seek to resolve the concerns of a teacher on the day in which the concern is brought to their attention. Procedures provide that normally the Inspector will seek to resolve the issue within two school days of the concern being brought to his/her attention.
Resolving a Concern with the Regional Assistant Chief Inspector
If the concern of a teacher is not resolved informally at school level the teacher should contact the Assistant Chief Inspector of the Inspectorate region in which the school is situated. A list of the Inspectorate regions and the names and contact details of Assistant Chief Inspectors may be found on the Department’s website www.education.ie. If the relevant Chief Inspector is not available, arrangements will be made to have the telephone call returned as quickly as possible.
The procedures provide that the teacher who has a concern should explain the nature of his/her concern to the Assistant Chief Inspector and why it has arisen. Procedures provide that the Assistant Chief Inspector should listen to the callers concerns and check what actions have been taken to attempt to resolve the issues raised. The Assistant Chief Inspector is entitled to question the caller to ensure a clear understanding of the issues involved. He/she may also speak to others suggested by the caller in order to gather additional information.
The Assistant Chief Inspector is obliged to contact the Inspector concerned and to discuss with them the concerns of the caller. The Assistant Chief Inspector must attempt to resolve the concerns through contact with the teacher and the Inspector. If the teacher who raised the concern remains dissatisfied the Assistant Chief Inspector must inform him/her of the possibility of seeking a formal review.
Time Frame
Concerns should be raised by the teacher with the Assistant Chief Inspector as soon as possible if these have not been resolved informally at school level. If the concern arises during an inspection that is taking place over a number of days it should be brought to the attention of the Assistant Chief Inspector during the time that the inspection visits are taking place. If this is not possible it should be brought to his/her attention no later than five school days from the date on which the concern arose. The Assistant Chief Inspector must make every effort to resolve the matter as quickly as possible and normally no later than five school days from the time he/she was contacted by the teacher.
Formal Review
A teacher who remains dissatisfied despite efforts to resolve concerns informally may request the Chief Inspector to conduct a formal review of the inspection. Such a request should be made in writing to the Chief Inspector by the teacher on an Inspection Review Request Form which is contained in the published Procedure for Review of Inspections on Schools and Teachers under Section 13(9) of the Education Act 1998.
The request for review along with any available supporting documents must be received by the Chief Inspector within twenty school days of the issue that gave rise to the concern or within twenty school days of the date of issue of the School Inspection Report that is the subject of the review. The request should clearly state the grounds on which the review is sought.
On receiving a request for a review the Chief Inspector is obliged to consider the matters raised in the report. If the Chief Inspector considers that the issues raised fall within the scope of the procedure for review a formal review will be initiated. If the Chief Inspector considers the request to be frivolous or vexatious he/she will write to the teacher who submitted the request informing him/her of this decision and the reasons for it.
Formal Review Procedures
The Chief Inspector upon deciding to conduct a formal review is obliged to:
- Acknowledge the receipt of the request for a review;
- Inform the relevant regional Assistant Chief Inspector that a review has been requested so that the publication of any report arising from the inspection may be halted;
- Provide a copy of the request for a review and the supporting documents to the Inspector about whose actions concerned has been raised;
- Appoint two reviewers, one internal and one external, to work jointly, and a review coordinator; and
- The Chief Inspector must inform the teacher of the arrangements made.
The Review Coordinator will be an Inspector unconnected with the inspection. The Review Coordinator is obliged to:
- Provide assistance to the internal and external reviewer as required;
- Within five working days, provide to the teacher a copy of any relevant documents that would be necessary in presenting his/her case;
- Invite the teacher within five working days to submit any supplementary submissions in support of the request for a review;
- Provide a copy of the supplementary submissions, if any, to the Inspector about whose actions a concern has been raised;
- Invite the Inspector to make a written response to the contents of the request and the supporting/supplementary documents within five working days;
- Supply a copy of the response of the Inspector to the teacher whose has sought the review and invite him/her to submit any observations on the response within five working days; and
- Provide a copy of the observations of the teacher to the Inspector concerned.
Internal Reviewer and External Reviewer
The Internal Reviewer will be an Assistant Chief Inspector unconnected with the inspection about which a concern has been raised. He/she will not be the line manager of any Inspector involved.
The External Reviewer may be an inspector of schools from another jurisdiction, or an educational professional of high standing who is familiar with the work of school evaluations. The reviewers must examine all documents and may seek additional information if necessary.
The reviewers may interview the teacher who raised the concern and the Inspector involved in the presence of each other. Both the teacher who raised the concern and the Inspector about whom the concern has been raised may be accompanied by a friend in such cases provided that the names of the friends to attend are made known to the reviewers three working days before the interview. The reviewers may in the presence of the teacher who raised the concern and the Inspector involved interview other persons who in the opinion of the reviewers may be able to provide information relevant to the review. The reviewers will before any interview, inform the teacher who raised the concern and the Inspector involved of the names of the friends who will attend the interview and the names of other persons who will be interviewed.
According to the procedures the reviewers are obliged to consider the issues carefully, bearing in mind the principles that guide the review process. These are outlined clearly in the review procedures. They will provide a report for the consideration of the Chief Inspector, which will examine the grounds on which the review was sought and will address each of the points of concern raised by the teacher who requested the review. The report of the reviewers must provide an adjudication on each point of concern stating that whether in the opinion of the reviewers the point is upheld or not upheld. The report must make clear the evidence on which these findings are made and should also provided suggested actions for the Chief Inspector to consider. The report should be provided to the Inspector within forty five working days of the date on which the on which the request for a review was received by the Chief Inspector.
Initial Determination
The Chief Inspector must consider the report of the reviewers and make an initial determination on the points of concern raised in the request for a review. A course of action must be proposed. This may include one or more of the following:
- that the inspection activity will be upheld and the report arising from it, if any, will be processed as normal in the Inspectorate and the Department;
- that the Inspectorate will acknowledge that an aspect (or aspects) of the inspection activity was not in keeping with the Inspectorate’s Professional Code of Practice on Evaluation and Reporting and, if appropriate that an apology will be offered by the Inspectorate to those affected;
- that the Inspectorate will acknowledge the occurrence of an error or failing in the implementation of the Inspectorate’s published procedures regarding inspection or reporting or publication of inspection reports, and, if appropriate, an apology will be offered by the Inspectorate to those affected;
- that the inspection report will be amended and reissued;
- that the inspection and/or the inspection report will be rescinded, in whole or in part, and a further inspection or part inspection, as appropriate will be carried out by an inspector unconnected with the original inspection and review; and
- that the inspector will undertake any other action considered appropriate by the Chief Inspector.
Final Determination
The Chief Inspector must consider any comments made to him or her by the teacher or the inspector. He/she is then obliged to make a final determination on the review and the actions to be taken and will inform the teacher and the inspector and any other person as necessary of these decisions. The final determination will be issued within fifteen working days of the date of issue of the initial determination.
Re-Inspection
If a re-inspection is to take place it will be carried out as soon as possible after the final determination of the Chief Inspector. It will be carried out by an inspector or Inspectorate unconnected with the original inspection review.
Internal Disciplinary Procedures
In exceptional cases, an issue of concern raised during the procedure for review may be dealt with under the Disciplinary Code for Civil Servants.
Administrative Arrangements
Normally the initial request for a formal review and letter issued by the Chief Inspectorate giving his or her final determination in the matter will be exchanged in printed or handwritten form and by express post. All other written communication and exchanges of documentation between all those involved in a formal review will be conducted by email, as far as possible.
In the interests of minimizing disruption to the education of students, any interviews that may be held as part of this process will be held outside teachers, class, or pupil contact times.
The functions ascribed to the Chief Inspector may in exceptional circumstances be delegated to a Deputy Chief Inspector. Similarly the functions ascribed to a Chairperson of a Board of Management may be carried out by another board member nominated for this purpose by the Board.