The government may be heading for a U-turn here.
Nicky Morgan has certainly gone too far in her statements. There is a clear process laid down in the school's funding agreement under which the Secretary of State must first serve notice of her intention to terminate the funding agreement. The school may then make representations. She can then serve notice that she is terminating the funding agreement after considering the school's representations. I assumed the process had already gone that far given Nicky Morgan's announcements that she has decided to close the school. I was wrong. The school had until yesterday to make its submissions. Nicky Morgan's statements suggest she has already made up her mind. The school would appear to have a strong argument that she should step aside from the process and give the final decision to a minister from another department. I understand the school has served notice of its intention to seek judicial review if Nicky Morgan continues with the process. On the basis of her public statements I think the school has a good chance of success. However poor the school may be, Nicky Morgan appears to have seriously subverted the process. Unfortunately this is not uncommon when politicians get involved.
The school's submissions to the DfE suggest that the school has not been told the allegations it faces nor been given any chance to answer them. However, they appear to have good reason to believe that these allegations were made by the head teacher they dismissed.
The school has made some serious allegations against the Ofsted inspectors. They believe the inspectors were expecting to find evidence of religious extremism. They state that the inspectors wanted to know what the school was doing to educate students about FGM which the school does not consider to be a priority for 11-13 year olds in the context of the communities served by the school.
It is claimed that questions to students aged 11-13 included:
- What would you do if a Muslim came to this school
- Do you know anybody in the school who is gay
- What would you do if someone gay came to this school
- Have you ever met anybody who is gay/bisexual
- Have you had "The Talk"
- How have you learned how to make a baby
The school state that one pupil has alleged she was asked if she was a lesbian, if she knows anyone who is lesbian or gay and if she feels comfortable in her own body.
There is also an allegation that one inspector who was not part of the main inspection team asked a female pupil inappropriate questions of a sexual nature in an unsafe situation.
Finally it is alleged that one inspector questioned a boy alone in a windowless room with the door shut - a serious breach of safeguarding protocols. The boy concerned alleges that he was asked personal questions about his sexuality and whether he had lost his virginity.
Michael Wilshaw assured a Commons committee that these allegations had been "investigated very thoroughly" and were false. According to the school, this "thorough investigation" did not involve contacting the school, parents, the complainants or witnesses. It seems the "thorough investigation" consisted of simply talking to the inspectors concerned.