Department for Education

4. Mrs B complains about the Department for Education (DfE) and its handling of the safeguarding concerns she raised about her children’s independent school in May 2024. She complains the DfE failed to take appropriate action against the school, which included reporting the complaint to the Independent School Inspectorate (ISI).

5. Mrs B says DfE’s failure to act on her concerns resulted in her feelings very distressed knowing it had ignored serious safeguarding concerns. This led to her removing her children from the school for a term and ultimately moving them to a new school. Mrs B says her children missed out on their education and have been emotionally impacted by events.

6. Mrs B continues to feel anxious and mistrustful of the education system and retains concerns about children who may be at risk of harm due to DfE’s lack of appropriate action.

7. Mrs B is seeking an apology, service improvements and financial remedy of £1,000.

8. In this section we have set out a brief background of the events Mrs B complains about. Our background is not exhaustive and contains information we consider is relevant to the issues we have looked at.

9. Mrs B’s complaint relates to multiple safeguarding concerns she raised about her children’s independent school. These included the school’s failure to log legitimate safeguarding concerns, backdating records, failing to act on high risk assessments and mis-leading external agencies

10. Mrs B initially reported her concerns to DfE in May 2024, as well as to the ISI. She followed this up with a formal complaint in July 2024.

11. At this time Mrs B was going through the school’s internal complaint process. DfE’s complaints procedure says that complaints about a school should be directed to the school itself first. It explains that the school’s complaints process needs to be exhausted before DfE will consider the complaint.

12. The school’s complaint process concluded in February 2025. Mrs B contacted DfE again submitting the school’s final outcome. She received a response indicating the matter was closed.

13. This led to her contacting her MP who wrote directly to the ISI to inform it of her safeguarding concerns.

16. Before we decide if we should conduct a detailed investigation of a complaint, we look at whether there are signs the organisation has got something wrong. We do this by comparing what should have happened with what did happen. We have done this and have not found any indications that something has gone wrong in DfE’s handling of this matter.

17. It is clear from the information Mrs B has provided both verbally and in writing that she had numerous serious safeguarding concerns about her children’s independent school. So much so that she withdrew them initially for a term, before moving them to a different school.

18. However, it is important that we separate Mrs B’s complaint about the school itself, which is the basis of her concerns, from her complaint about the DfE. The law does not allow us to consider any of the school’s actions. As we have discussed with Mrs B, we are only able to consider the DfE’s handling of the complaint she made to us.

19. Mrs B wrote at some length to DfE setting out all her concerns about the school. She shared the outcome of the school internal investigation which she was unsatisfied with.

20. DfE’s response in July 2024 informed Mrs B it, ‘receives advice about compliance with the standards in independent schools from Ofsted and the Independent Schools Inspectorate. The role of the inspectorates is to monitor the performance of independent schools against these Standards and report their findings to the Department as regulator. Where appropriate, the Department will share complaints/concerns regarding an independent school failing to meet the standards with the relevant inspectorate. Whilst the inspectorate will not investigate or make a judgment on individual cases, they will, at the next inspection, consider any complaint/concern where it provides evidence as to an independent school’s ability to meet the standards’.

21. It also said it does not enter into correspondence or give a running commentary on individual steps it may or may not take with regard to the regulation of individuals schools.

22. Mrs B believes DfE did not act on any of the concerning information she had shared, did not investigate and essentially did not inform the ISI of the concerns.

23. DfE Independent Schools: regulatory and enforcement action policy statement point 10 says, ‘under s.114 0f the Act, it is for the Secretary of State to decide, taking into account of any inspection evidence or any other evidence available (which may include material submitted by the school), whether the standards are met’.

24. DfE safeguarding / concern handling process sets out the actions the officer should take when it receives a safeguarding complaint. It states the officers should consider:

• is there evidence a child has been harmed / is at risk of immediate harm • allegations within current complaint • recent/previous complaints/concerns • most recent inspection date/findings • next inspection date • any actions being taken by another team • whether information has already been shared with the local authority, LADO (Local Authority Designated Officer). LADO is involved with managing allegations of abuse against adults working with children.

25. The process directs the officer to inform LADO or the local authority if appropriate and to use professional judgement to decide whether there are immediate concerns or not. If not, to take no further action with an understanding the complaint will be taken into account at next inspection.

26. We can see from the DfE’s records it received Mrs B’s initial complaint at the end of May 2024.

27. In June 2024, we can see it contacted the local authority (LA) with regards to Mrs B’s complaint. Correspondence states, ‘the purpose of the DfE requesting information from you is to determine if the school and the local authority is meeting its statutory requirements and or investigating concerns / whistleblowing concerns appropriately. It is important that DfE receives feedback on action taken and outcomes, especially if there are any concerns regarding the school’s response to the LA or their handling of matters raised. This will enable the DfE as the independent regulator to determine whether immediate inspection and regulatory action is required. If you are not dealing with this within your specific team, please can you forward it on to the relevant teams / individuals within the LA’.

28. In the same month, the DfE confirmed to OFSTED it had sent the complaint to ISI. It also contacted the multi-agency safeguarding hub (MASH) with regards to Mrs B’s concerns.

29. In July 2024, records show an email from the local authority to the DfE (and to LADO and MASH), advising how the school had dealt with the complaint. This confirmed the LA were assured the school had effective safeguarding and behaviour systems in place.

30. That month DfE contacted the LA for the outcome of the school’s investigation. The LA informed it was ongoing, LADO had contacted the foundation principal to make them aware of an NSPCC referral and education safeguarding colleagues were contacting the foundation designated safeguarding lead to offer support and guidance. Mrs B’s children attended a school that was part of a foundation.

31. DfE also confirmed to OFSTED it was forwarding concerns to ISI, as the inspectorate of independent schools.

32. In August and September 2024, DfE contacted the local authority to request an outcome of its investigation. The LA responded with the full investigation report informing all areas of the complaint had been evaluated and all but one subsection, had been unsubstantiated or unfounded.

33. In February 2025, we can see ISI contacted DfE about Mrs B’s complaint. We can see DfE responded asking ISI to consider the complaint at the next inspection.

34. In May 2025 there is a case note which indicates DfE had received a complaint via ISI from an MP on behalf of Mrs B. It notes, ‘same complaint as previous task February 2025 in which ISI were asked to consider at the next inspection (which is on list for 17-19/06/25) and we also contacted the LA at that time, and they gave reassurances that no further actions were required’.

35. In July 2025 we can see an email DfE sent to the safeguarding team at ISI with the complaint attached. DfE requested the registered inspector (RI) to provide comments.

36. The RI responded saying, ‘inspection evidence shows that the school has been actively addressing issues of recording data and consolidating records as a result of an external review undertaken as a result of a stage 3 complaint. Inspection evidence also shows that the head acknowledged they were having to train staff to support pupils in KS1 with SEMH. In all the complaints checked, the school responded appropriated and acted to deal with issues appropriately. All safeguarding standards were met’.

37. In October 2025, DfE decided to close the complaint down because it had done all it could, it had received feedback from both the LA and RI, and the ISI had considered the complaint at the last inspection.

38. We know Mrs B was not happy with the inspection and the outcome. We know she does not feel her concerns and complaints were properly investigated. We are sorry she remains concerned about safeguarding within the school.

39. We have considered the role of DfE within this process, in line with its remit, its guidance and its safeguarding procedures.

40. We have seen in line with DfE’s safeguarding / concern handling process, it considered the concerns, shared and obtained information with relevant parties, considered inspection evidence, requested the ISI to consider the complaint at its next inspection. It made its determination. Again, we understand Mrs B is not happy with its determination.

41. However, once DfE has followed this process, as the DfE Independent Schools: regulatory and enforcement policy statement says, ‘it is for the Secretary of State to decide’ whether the standards have been met. In this case, it is evident DfE considered standards had been met on the basis of the information it had gathered.

42. Whilst considering a concern or complaint, as set out above, DfE informed Mrs B it does not enter into correspondence or give a running commentary on individual steps it may or may not take with regard to the regulation of individuals schools. We can see from records DfE considered Mrs B’s complaints from the point of her initial complaint in May 2024.

43. We think DfE acted within its remit and there no indications of failings on its part.

44. We are pleased to know Mrs B’s children are now happy and thriving at a different school. We are glad she raised her concerns. We understand from the information we have considered, the principal has made some changes at the school as a result of her complaint.

1. We have carefully considered Mrs B’s complaint about the Department for Education (DfE). We are sorry to hear about the multiple issues her children experienced at school. It is clear this was an upsetting and worrying time for the family.

2. We understand Mrs B’s frustration with the complaint’s processes she has been through and are sorry she does not consider her concerns have been addressed.

3. We have considered DfE’s remit in addressing her complaint. We have seen no indication that DfE did anything wrong in its response to Mrs B’s complaint.