Handbook for the inspection of education, skills and work activities in prisons and young offender institutions

Introduction

1. This handbook describes the main activities that Ofsted’s further education (FE) and skills inspectors carry out when they inspect education, skills and work activities in prisons and young offender institutions (YOIs) in England as part of joint inspections led by Her Majesty’s Inspectorate of Prisons (HMIP). It also sets out the judgements that inspectors will make and report on. These reports contribute to the section on ‘purposeful activity’ in the HMIP inspection reports.

2. HMIP’s ‘Men’s prisons Expectations’ applies to HMIP inspections of adult male prisons and YOIs holding young adults aged 18 to 21. This handbook takes into account the ‘Expectations’ with respect to Ofsted’s inspection of education, skills and work activities. The Expectations state:

This [education, skills and work activities] section of the inspection is conducted by Ofsted in England and Estyn in Wales. To ensure that prisons are held accountable to the same standard of performance as further education colleges in the community, we have chosen to explicitly adopt each organisation’s inspection framework….

3. As of 1 February 2020, when inspecting adult male prisons and YOIs holding young adults aged 18 to 21, Ofsted inspectors will inspect education, skills and work activities:

• in accordance with the key judgements and evaluation criteria of the education inspection framework (EIF)

• taking also into account the HMIP Expectations

4. When inspecting women’s prisons, inspectors will continue to:

• take account of the existing relevant HMIP ‘Women’s prison Expectations’ for those prisons

• inspect in accordance with the key judgements and evaluation criteria of the EIF, as they did before with Ofsted’s common inspection framework (CIF) and as contained in Part 2 of this handbook

5. Ofsted normally inspects education, skills and work as part of HMIP’s inspections of prisons and YOIs. From February 2020, Ofsted may also carry out separate inspections of prison education, skills and work as set out in this handbook. This might be when a prison’s education, skills and work has been graded requires improvement or inadequate at a previous inspection to ensure a timely follow up full inspection. These separate standalone inspections will result in a separate published report on the Ofsted reports website.

6. Ofsted may also carry out monitoring visits to prisons, in certain circumstances. We will normally do these in parallel with HMIP’s independent reviews of progress (IRPs). They will involve feedback to the head of learning and skills, or equivalent, and the governor. Our findings and progress judgements will be included within the IRP report published by HMIP. We may also, in certain circumstances, carry out a separate, standalone monitoring visit of a prison’s education, skills and work.

7. This handbook has two parts:

• Part 1. How Ofsted will inspect prisons and YOIs. This contains information about the processes before, during and after an inspection.

• Part 2. The evaluation schedule. This contains the evaluation criteria that inspectors use to judge the quality and standards of education, skills and work activities in prisons and YOIs and the main types of evidence used.

8. HMIP leads the inspection of prisons using its inspection framework, known as ‘Expectations’.^{[footnote 1]} The criteria in ‘Expectations’ relevant to the inspection of education, skills and work activities in prisons and YOIs are set out under the key judgements in Part 2.

9. This handbook is a guide for inspectors on how to carry out inspections of education, skills and work activities in prisons and YOIs. It is also available to prisons, YOIs and other organisations to inform them about inspection processes and procedures. This handbook:

• balances the need for consistent inspections with the need to respond to each prison’s and YOI’s individual circumstances

• is aligned with the education inspection framework^{[footnote 2]}

• applies to inspections of prisons and YOIs from 1 February 2020

10. Inspectors will apply their professional judgement when they use this handbook.

Privacy notice

11. During an inspection, inspectors will collect information about staff and prisoners by:

• talking to them

• looking at documents, records and survey responses and other recorded information

• observing everyday life at the prison

12. Inspectors may also meet with employers, where appropriate.

13. We use this information to prepare our report and for the purposes set out in our privacy policy. We will not record names, but some of the information may make it possible to identify an individual.

14. Individuals and organisations have legal requirements to provide information to Ofsted as part of inspections. Ofsted has legal powers under section 132 of the Education and Inspections Act 2006 that relate to inspecting providers of further education and skills for prisoners aged 16 and over under Chapter 3 of Part 8 of that Act and related legislation. Inspectors can ‘inspect, take copies of, or take away any documents relating to the education’ of prisoners from the provider’s premises. These powers also enable our inspectors to inspect computers and other devices that may hold this information.

Inspection and the COVID-19 pandemic

Suspension of normal Ofsted prison education inspection activity and interim forms of inspection

15. Following the introduction of this handbook with effect from 1 February 2020, we needed to suspend routine inspection activity in prisons and YOIs from 17 March on account of the COVID-19 pandemic. Since that time, we carried out the following forms of interim inspection activity.

Interim visits

16. Between December 2020 and 17 May 2021, we carried out interim visits (IVs) to a selection of prisons. We carried out IVs under the national lockdowns in force at that time. Consequently, we carried them out remotely.

17. We carried out most IVs alongside HMIP’s scrutiny visits. Some others we carried out alone. IV reports included the inspectors’ findings from the visit and specific next steps for the prison leaders and managers to take as prisons start to return to full education and skills programmes. In the cases where we joined HMIP, the visit report is on HMIP’s website under the name of the establishment visited. Reports from the visits we did alone were sent to the prison governor, to HMPPS and to HMIP.

Progress monitoring

18. From 17 May 2021 until returning to full inspection activity in October 2021, Ofsted carried out progress monitoring visits (PMVs) to prisons and YOIs. We did many of these alongside HMIP’s full inspections and others we did alone. All PMVs were on site. As these were a type of monitoring visit, we awarded a single progress judgement against the following overall theme:

• What progress are leaders making towards ensuring that staff teach a full curriculum and provide support to meet prisoners’ needs, including the provision of remote learning?^{[footnote 3]}

19. In the cases where we joined HMIP, the PMV report is published with HMIP’s full inspection report. Reports from the visits we did alone were sent to the prison governor, to HMPPS and to HMIP.

Returning to full inspection activity

20. This section sets out our approach as inspections resume. It covers how we will reflect the impact and context of COVID-19 when making judgements. It also covers the transitional period.^{[footnote 4]} We will keep our handbooks and methodology under review as circumstances change and we continue to emerge from the pandemic. This section should be read alongside the other parts of the inspection handbook.

Preparation and planning

21. During the planning call with the inspection nominee, the lead inspector will seek to understand the specific impact of COVID-19 on the establishment and prisoners, and how leaders and managers responded to the situation. This includes understanding the stage that the prison is at according to HMPPS’ recovery map, for example exceptional delivery models (EDMs) or similar, and how many weeks the prison has been at that stage.

22. This discussion will also explore how the establishment implemented the curriculum and what, if any, elements of remote education remain in place at the time of inspection.

23. In this conversation, the lead inspector and nominee will agree safety protocols that the inspection team will follow to ensure that the inspection is completed in a COVID-19 secure way.

Curriculum

24. Inspectors recognise that establishments may have been unable to implement the curriculum in the usual way during the COVID-19 pandemic. They will seek to understand how leaders and managers adapted and prioritised the curriculum.

25. This will include exploring how the establishment has implemented the curriculum remotely. Inspectors will also look at how managers and staff have identified prisoners’ gaps in learning and any new starting points, and how they have responded to that in their curriculum planning.

Personal development

26. When forming judgements about personal development, inspectors will seek to understand what took place before the pandemic, what the establishment has in place currently and what its future plans are. Inspectors recognise that many elements of personal development that were in place before the pandemic may have been disrupted. Therefore, they will focus on understanding the steps that leaders have taken to offer or to restore a wide range of personal development opportunities.

Remote education

27. Inspectors recognise that there are some limited circumstances in which prisoners may need to learn remotely. Ofsted does not have a preferred model for remote education.

28. Where remote education remains in place, inspectors may observe remote teaching and training and review materials. We will only expect to see the establishment’s typical approach to remote education and do not expect leaders and managers to arrange anything solely for inspection.

29. To understand the implementation of the curriculum, inspectors may discuss remote education with teachers, trainers and prisoners. They may also review completed work and teaching materials.

30. Given the above, when we refer to the intent, implementation and impact of the curriculum and quality of education within this handbook, we are including remote education. We consider that education delivered remotely should be integrated into the programme of education/training, and be designed to support the wider implementation of the establishment’s curriculum.

External data

31. Inspectors will consider available external data throughout the inspection, as set out in the ‘Use of data’ section. However, they will be mindful of the age and relevance of this data when making judgements.

Leadership

32. Inspectors will seek to understand how leaders have adapted their development plans as a result of the COVID-19 pandemic, including:

• the rationale for any new or modified improvement priorities

• how they are planning to deliver the curriculum in the best possible way within the permitted circumstances at each stage of the recovery, as determined by HMPPS

Remote elements of the inspection

33. As with our practice throughout 2021, inspectors may carry out some elements of the inspection using telephone calls or other forms of telecommunication, where that is the most effective means of gathering information. We may use these calls to involve staff, prisoners, employers, leaders and managers and others.

Part 1. How Ofsted will inspect prisons and young offender institutions

Before the inspection

How prisons and YOIs are selected for inspection

34. HMIP has responsibility for identifying the annual schedule of inspections. HMIP consults with Ofsted and other inspectorates on its schedule of inspections. Ofsted may also carry out a ‘standalone’ inspection of a prison’s education, skills and work. This might be when a prison’s education, skills and work has been graded requires improvement or inadequate at a previous inspection to ensure a timely follow-up full inspection.

Types of inspection

Full inspections

35. All inspections of prisons and YOIs are full inspections. In addition to making judgements as set out in the evaluation schedule, inspectors will follow up progress against the recommendations made in the previous inspection report. Ofsted normally carries out its inspection of education, skills and work as part of HMIP’s inspections of prisons and YOIs. From January 2020, Ofsted may also carry out separate inspections of prison education, skills and work as set out in this handbook. This might be when a prison’s education, skills and work has been graded requires improvement or inadequate at a previous inspection to ensure a timely follow up full inspection. These separate standalone inspections will result in a separate published report on the Ofsted reports website. Prisons will normally receive 5 working days’ notice of these sort of inspections.

36. Inspectors will also take account of the outcomes of any Ofsted monitoring visit, such as:

• those carried out in parallel with an IRP and recorded in the IRP reports

• any pre-existing support and challenge visit^{[footnote 5]}

Research and survey visits

37. Research and survey visits may take place at a selected number of prisons and YOIs each year, in consultation with HMIP, to explore a specific aspect of a prison’s work as part of a programme of research based on topics linked to national priorities.

Scope of inspection

38. All provision of education, skills and work activities that a prison or YOI is responsible for falls within the scope of the inspection. This includes any Prison Education Framework (PEF) or Dynamic Purchasing System (DPS) provision run for or on behalf of the prison and any provision run under a subcontract.

39. As part of the inspection, inspectors may inspect any education, training or work provision carried out on behalf of the prison, YOI or its providers through contractual arrangements (including by subcontract or partnership arrangements).

What inspections will cover

40. On a full inspection, inspectors will make an overall effectiveness judgement and key judgements on:

• the quality of education, skills and work

• behaviour and attitudes

• personal development

• leadership and management

Before the inspection

41. The lead inspector’s planning will focus primarily on how inspectors will gather evidence of prisoners’ experiences in order to evaluate the provision against the 4 key judgements of the EIF.

42. Inspectors’ evidence-gathering will be primarily made up of focused curriculum reviews or ‘deep dives’, including:

• lesson/session visits and observations

• scrutinising prisoners’ work/training and assessment

• discussions with prisoners and teachers/trainers

43. Inspectors may carry out some inspection activities jointly with members of the establishment staff.

44. Inspectors may plan visits to prisoners at voluntary or employer work placements and carry out inspection activities. These visits give inspectors the opportunity to speak with prisoners and employers, to discuss learning and to look at prisoners’ work. Inspectors may carry out interviews/discussions with employers and staff by telephone or other means of remote communication.

The role of the nominee in inspection

45. Each prison or YOI is invited to nominate a senior member of staff to act as their main link with the inspection team. The nominee should:

• have a detailed understanding of the prison or YOI’s education, skills and work activities and operations, including, where appropriate, those of subcontractors

• be sufficiently senior to ensure the cooperation of staff at all levels, including subcontractors and employers

• have authority to carry out the role with autonomy

46. The nominee’s responsibilities include:

• providing information to the lead inspector to support inspection planning

• liaising with the lead inspector and ensuring that documents are available, and that staff can attend meetings

• briefing staff at the prison or YOI and their PEF or other providers about inspection arrangements

• informing prisoners (and employers, if relevant) about the inspection

• attending all team meetings, in particular the final grading/judgement team meeting

• ensuring that the lead inspector receives a daily briefing on COVID infection levels in the establishment

• coordinating feedback arrangements, in particular at the end of the inspection

Notification of inspection

47. HMIP will notify the prison or YOI of the inspection dates in the case of joint HMIP/ Ofsted inspections. The lead inspector will contact the senior person responsible for education, skills and work activities in the prison or YOI after HMIP inspectors have made initial contact. This will usually be by Thursday of the preceding week of the inspection. The lead inspector should make sure that:

48. In the case of a separate, standalone Ofsted inspection of education, skills and work, the lead inspector will contact the governor normally 5 working days before the inspection starts to notify them of inspection. This will usually be the Monday of the week preceding the inspection. The lead inspector will then normally work with the nominee/senior person responsible for education, skills and work activities in the prison to take forward the planning of the inspection.

Planning for the inspection

49. The lead inspector’s planning will focus primarily on how inspectors will gather first-hand evidence of prisoners’ experiences to evaluate them against HMIP’s ‘Expectations’ and the 4 key judgements of the EIF.

50. As soon as the prison or YOI has been notified of the inspection by HMIP, staff should draw together the information in the lists below that is readily available. These should be working documents and not prepared specifically for the inspection. Inspectors will keep the review of documentation to a minimum.

51. Inspectors should be mindful that the prison or YOI will need to accommodate the inspection while still managing its day-to-day operations.

52. To ensure that the lead inspector has a clear understanding of the scope and range of provision, the nominee will send the following information, as applicable and as soon as possible:

• completed Ofsted information annex, which they can get through HMIP’s inspection coordinator (on a standalone inspection, Ofsted will request a similar set of information directly)

• population statistics including age, ethnicity, length of sentence and length of stay

• timetables for lessons/sessions/workshops or other learning activities during the week

Planning the inspection with the prison or YOI

53. To ensure that the prison or YOI understands the inspection process, the lead inspector will hold a telephone planning meeting with the nominee.

54. The agenda for the meeting should include:

• introductions and purpose of meeting

• confirmation of the use of this handbook

• update on the prison or YOI’s recent developments

• inspection team members and their responsibilities

• the role and responsibilities of the nominee

• scope of the inspection

• arrangements to collect the views of prisoners and external partners, as necessary, during the inspection through:

  • including prisoners’ views, as referenced by HMIP’s survey

  • informal meetings or individual interviews with prisoners arranged by inspectors during the inspection

• arrangements for the lead inspector to have information on schedules/timetables of all learning activities, including those delivered by subcontractors, where applicable, and any remote learning taking place

• arrangements for observing teaching, learning and assessments, and reviewing prisoners’ work

• setting up meetings for inspectors with key members of staff/management

• documents to be made available during the inspection

• times of, and venues for, team meetings

• domestic arrangements

• health, safety and security of inspectors

• final feedback, evaluation and reporting arrangements

• arrangements, where applicable, for any additional visitors/observers during the inspection

55. During the planning call with the inspection nominee, the lead inspector will ask for information on what stage the establishment is at, including the number of weeks at that stage and the latest EDM it has received. The lead inspector will seek to understand the specific impact of COVID-19 on the establishment and on prisoners, and how leaders and managers responded to the situation.

56. This discussion will also explore how the establishment implemented the curriculum remotely and what, if any, elements of remote education remain in place at the time of inspection.

57. In this conversation, the nominee and lead inspector will agree safety protocols that the inspection team will follow to ensure that the inspection is completed in a COVID-19 secure way.

58. The lead inspector will discuss with the nominee the inspectors’ schedule and the activities that inspectors will carry out face to face and those they plan to carry out remotely, such as by telephone.

59. Meetings with prisoners and key staff and any visits to prisoners at work or external sites should be agreed as quickly as possible. Where applicable, the prison or YOI will need to inform the education and training subcontractors, their staff and other users about the inspection, emphasising that inspectors may visit any sessions involving prisoners.

60. Inspectors will select the ‘deep dive’ (focused curriculum review) areas they will focus on (and associated inspection activities, such as which prisoners are met and which employers are being visited, as relevant). They will take into account a range of factors, including:

• the courses on offer, their subjects and levels

• the relative performance on different courses

• the geographical spread of any prisoners undertaking work or activities outside the prison

• the mode of delivery and attendance, including remote learning

• information from the nominee, prisoners and employers, HMPPS or HMIP

61. The lead inspector will draw up a pre-inspection team briefing for the inspection team and the nominee, who is the main link with the inspection team. The purpose of this briefing is to focus inspection activity and identify areas for exploration, in particular the areas of the curriculum that will be reviewed through ‘deep dives’. The lead inspector’s team briefing letter may use, but will not be restricted to:

• the prison, YOI and any providers’ current self-assessment report or equivalent evaluation report and quality improvement plans

• performance data since the previous inspection, including achievement rates and entry to education, training or employment

• the report from the previous inspection

• any support and challenge letters from Ofsted following an inspection in which the prison or YOI was judged to require improvement or to be inadequate

• any IRP published reports

Seeking the views of prisoners, employers and providers

62. The views of prisoners are central to inspection. Inspectors will speak to prisoners in a variety of settings during the inspection. Prisoners’ views will also be collected through HMIP’s pre-inspection questionnaire. This survey includes questions about prisoners’ education, skills and work experience. Ofsted’s inspectors receive the analysis of this survey before the inspection. This may have a bearing on which areas of the curriculum they focus on. Where applicable, the views of employers and providers will be collected through meetings during the inspection.

63. HMIP asks prisons and YOIs to notify all current prisoners and any other relevant people of the inspection and to include details of how they may inform the inspectors of their views.

64. Inspectors use the findings of HMIP’s pre-inspection prisoner survey when HMIP inspectors hold focus group meetings with prisoners at the start of the inspection. At these focus groups, they follow up any issues that the pre-inspection survey may have identified and, where relevant, share this information with Ofsted’s inspectors. These activities do not replace dialogue with prisoners during the inspection.

65. During the inspection, inspectors will use available opportunities to talk to prisoners and employers (where relevant), so that they have the opportunity to express their views about their learning and progress towards resettlement. This may happen face to face or remotely, for example by phone.

66. Inspectors will take account of views expressed to them by:

67. The lead inspector will also take account of any external views on the prison or YOI’s performance, for example through briefings from monitoring, commissioning and funding bodies.

68. Staff and prisoners should be able to speak to inspectors in private, where possible and appropriate, to ensure that the presence of the nominee or senior staff does not influence their responses. Meetings during the inspection may include those with samples of prisoners selected by inspectors and open-invitation meetings.

During the inspection

Days allocated to inspection and inspection team members

69. Inspections and monitoring visits will be led by either one of Her Majesty’s Inspectors (HMI) or an Ofsted Inspector (OI) assisted by other HMIs and/or OIs.

70. Ofsted normally carries out inspections of prisons and YOIs as part of HMIP’s joint inspections. Our inspectors normally attend full announced and unannounced inspections for up to 5 days on site. The number of inspectors involved in the inspection will vary according to the type of inspection and, when it is a significant factor, the size/complexity of the prison or YOI.

71. Ofsted inspectors will normally arrive by Monday 12 noon. If they start on any other day of the week, they may start earlier, for example at 9am. The lead inspector may attend the governor’s/director’s briefing with HMIP on Monday morning.

72. Ofsted inspectors no longer report on the sections covering the library and physical education. These have now been placed under the ‘Time out of cell section’ in section 3 of the HMIP report (purposeful activity). Ofsted inspectors will, however, contribute their findings directly to HMIP inspectors on achievements, progress and learning experienced by prisoners in these areas.

Gathering and recording evidence

73. Inspections will normally begin with in-depth discussions with the prison or YOI’s leaders and managers about the organisation’s curriculum. This is in order to establish the intent of the curriculum. These discussions are the opportunity for managers to explain the rationale behind the coverage, structure and appropriateness of their curriculum for their prisoners. Inspectors will ask about:

• what leaders intend prisoners to learn

• what the end points and next steps are that they wish prisoners to reach

• what the key concepts are that prisoners need to understand

• in what order prisoners will learn them

74. Although meetings with leaders are important, inspectors’ first priority during inspections is to collect first-hand evidence.

75. Inspectors will primarily do this through a range of inspection activities, grouped into ‘deep dives’. These will provide evidence of the effective implementation of the curriculum and its intent – but they will also gather evidence that may be relevant to the other key judgement areas and progress judgements. These activities will be focused on curriculum areas selected by the lead inspector.

76. These inspection activities include:

• direct observation of teaching, training and assessment

• case studies of prisoners, including potentially vulnerable prisoners, such as those with special educational needs and/or disabilities (SEND)

• meetings with members of staff who work with individual prisoners receiving additional learning support, as well as support arrangements

• meetings and discussions with teachers, trainers and other staff, including, in particular, with subject specialists and subject leaders to understand the intent and implementation of the curriculum

• interviews and discussions with prisoners

• scrutinising prisoners’ work

• evaluating learning materials and their use by prisoners, including resources for remote learning

• analysing the prison or YOI’s and learner records, showing planning for, and monitoring of, prisoners’ individual progress from their starting points when they began their courses and progression onto other courses

• the arrangements made for prisoners to gain experience of work, including on release on temporary licence and their destinations on release

• assessing prisoners’ progress

• examining what prisoners know, understand, and can do and make as a result of their learning

77. Evidence drawn from these different activities and focused on specific curriculum areas should provide valid, reliable and sufficient evidence of the quality of education and training when connected and brought together.

78. Evidence from these curriculum-related activities will also inform the other key judgements:

79. Inspectors will also carry out other inspections activities to gather evidence for the key judgements. These may include:

• analysing documents relating to:

  • leadership and management, such as records of governance meetings in YOIs, for example

  • personal development and behaviour, such as records about attendance

• analysing prisoner, employer and staff views provided through questionnaires and other sources

• scrutinising the quality of the learning journey from arrival at the prison for a selection of prisoners

• meeting with prisoners, employers, staff, governors and providers, where appropriate

80. During the inspection, inspectors will collect, analyse and record evidence and their judgements on paper forms. It is essential that the evidence accurately reflects discussions. Inspectors should identify clearly information that was provided in confidence. The evidence forms, together with any briefings, plans or instructions prepared by the lead inspector, and responses from prisoners and employers (in any format) contribute to the evidence base. The lead inspector is responsible for assuring the quality of the evidence gathered.

81. Ofsted has no preferred teaching or training style. Inspectors judge the quality of education by the ways in which prisoners acquire knowledge, develop skills and exhibit appropriate behaviours for work and success in life or study. Teaching staff should plan their lessons as usual.

82. When prisoners are accessing work outside the prison as part of their release on temporary licence (RoTL), inspectors may visit employers. This is in order to observe prisoners’ on-the-job skills development and speak to employers and their staff.

83. Inspectors will not normally indicate which sessions they plan to visit. The team reserves the right to visit any prisoner or employer and may cancel or add visits to ensure that enough evidence is collected. Inspectors will not normally give feedback to individual members of staff following these sessions.

Observations of teaching and training

84. An important element of the inspection approach will be to visit lessons, workshops or sessions where teaching, training, learning and assessment are happening. Inspectors may often invite appropriate staff from the provider to take part in joint observations of these learning sessions.

85. Observation is primarily useful for gathering evidence about curriculum implementation and about how teaching and training sessions contribute to the quality of education and training. Inspectors can use observations to gather evidence about how well staff implement the curriculum by:

86. Inspectors will connect observation activity to other evidence for triangulation and as part of the deep dives. Observation is not about evaluating individual teachers or trainers. Inspectors will not grade the teaching or training they observe. Instead, inspectors will view teaching and training across a sample of the provision to provide part of the evidence base to inform their judgements, in particular the quality of education and training.

87. Observation is also useful for gathering evidence that contributes to other key judgements, including behaviour and attitudes. Observation enables inspectors to see direct evidence about how behaviour is managed and how behaviours and attitudes are developed in individual learning sessions. This evidence will complement the other evidence that inspectors gather about behaviour and attitudes during inspection.

Work scrutiny

88. Inspectors may scrutinise prisoners’ work across the prison and YOI and aggregate insights to provide part of the evidence for an overall view of quality of education, primarily around the impact of the education provided. Inspectors will not evaluate individual pieces of work. Inspectors will connect work scrutiny to lesson/session observation and, where possible, conversations with prisoners, staff and, where appropriate, with employers.

89. Inspectors may invite appropriate staff from the establishment to take part in joint scrutiny of prisoners’ work.

90. Scrutiny of prisoners’ work is useful primarily for gathering evidence about the curriculum impact of the quality of education. Inspectors can scrutinise prisoners’ work to evaluate prisoners’ progress and progression through their course of study. Prisoners’ work scrutiny will show whether they know more and can do more, and whether the knowledge and skills they have learned are well sequenced and have developed incrementally. Inspectors will synthesise what they find in order to contribute to their overall assessment of the quality of education across the prison or YOI.

The use of data

91. Inspection uses a range of data that is available. Both before and during the inspection, inspectors will analyse the performance of the establishment using the most recent and most reliable data. They will take into account the age and relevance of the data. Analysis may be at overall establishment level and/or for individual subjects or courses. Although data alone will not lead directly to judgements, the primary data that measures success for each type of provision will provide important evidence for judging the impact of the quality of education.

92. Inspectors will evaluate prisoners’ progress in relation to their starting points, based on:

• their rate of learning

• acquisition of knowledge, skills and behaviours

• whether they have achieved their individual, challenging targets

93. Inspectors will also take account of data about the education, training and employment destinations prisoners go to when they leave the establishment.

94. Inspectors will not look at internal progress data when fixed-time terminal examinations comprise the entire assessment of the course (for example, GCSE or A level). Similarly, inspectors will not normally look at predicted in-year achievement and attainment data more generally). That does not mean that establishments cannot use this data if they consider it appropriate. Inspectors will, however, put more focus on the curriculum and less on the prison’s generation, analysis and interpretation of performance data. Inspectors will be interested in the conclusions drawn and actions taken from any internal assessment information, but they will not examine or verify that information first hand.

The self-assessment report

95. Inspectors will use self-assessment reports, or associated documents such as quality or development plans, to assess risk, monitor standards and plan for inspection.

96. If these documents are not available in advance, the prison or YOI should share its latest report/plan(s) with the lead inspector following notification of the inspection.

97. Inspectors will, in any case, use other readily available information about the establishment. During the inspection, inspectors will compare their findings with the prison or YOI’s self-assessment.

98. Ofsted does not require self-assessment to be provided in a specific format. Any assessment that is provided should be part of the prison or YOI’s processes and not generated solely for inspection purposes.

Meetings during inspection

99. Inspectors are likely to have a number of different meetings with the prison or YOI’s staff for different purposes. They will try to minimise disruption to the establishment’s regular business and to the inspection team’s focus on assessing the quality of education and training. Therefore, meetings will be kept brief and purposeful.

100. Inspections will normally begin with in-depth discussion with senior leaders and managers about the provider’s curriculum to establish the intent of the curriculum and quality of education. This initial meeting will also provide useful insights into leadership and management and other areas.

101. There may be other meetings with senior leaders, including the nominee when necessary, as the inspection progresses. Inspectors carrying out deep dives focusing on specific areas of the curriculum will normally meet with key curriculum staff. This is to understand intent and implementation before carrying out their inspection activities to review that area of the curriculum. Other types of meetings have been referred to above.

102. The inspection team itself will hold meetings. These may include:

• an initial team meeting to:

  • brief the inspection team on the schedule for the inspection

  • clarify any queries about team members’ roles

  • receive a brief update from the prison or YOI, including, if appropriate, an initial briefing from managers with relevant responsibilities for key areas to be covered of the inspection

• a meeting for the nominee to hear the emerging judgements and to identify any opportunities to provide additional evidence

• a grading/progress judgement meeting towards the end of the inspection to reach judgements about the prison or YOI

103. The lead inspector will also attend the agreed team meetings of HMIP to provide Ofsted’s initial emerging findings. The Ofsted lead inspector will provide a written draft of Ofsted’s findings to the HMIP’s team leader before the end of the inspection and in readiness for HMIP’s challenge meeting.

104. The nominee may attend some inspection team meetings, although they may not contribute to decisions about inspection judgements. By taking part in discussions about evidence collected during the inspection, the nominee can help to ensure that all appropriate evidence is taken into account. Any concerns about evidence should be raised with the lead inspector. The nominee will report to the prison or YOI’s staff, including any relevant subcontractors, on the progress of the inspection.

105. Inspectors may hold additional meetings with the prison or YOI’s staff. The lead inspector will meet with the prison or YOI’s governors/director to share feedback with them, normally on Wednesday afternoon.

106. The lead inspector will hold a feedback meeting for the prison or YOI and invitees to hear the key messages at the end of the inspection. It is the responsibility of the nominee and/or relevant prison managers to invite Her Majesty’s Prisons and Probation Service (HMPPS) to attend this feedback meeting. In the case of a standalone Ofsted inspection of education, skills and work, this feedback will be provided to the governor and any other staff the governor wishes to invite.

107. In addition, the lead inspector will attend the debriefing provided by HMIP.

Reaching final judgements

108. Inspectors will discuss emerging findings regularly with the nominee and, where appropriate, senior staff.

109. The lead inspector will ensure that the inspection team agrees the judgements using the descriptors in part 2 of this handbook. The overall judgements will reflect all the evidence considered by the inspection team. The evidence base must support the judgements convincingly.

Providing feedback

110. Before leaving, the lead inspector should ensure that the prison or YOI is clear:

• about the grades awarded for each judgement

• that the grades awarded are provisional and, although unlikely, may be subject to change through moderation and quality assurance

• that the main points provided in the feedback, subject to any change, will be generally reflected in the text of HMIP’s report, although the report may differ slightly from the oral feedback, and in the case of standalone inspection, it will be reflected in the Ofsted report

• about the main findings and areas for improvement

• that inspection findings may be shared with HMPPS before the publication of the report and in the case of a standalone inspection, the findings will also be shared with HMIP

• about the procedures that will lead to the publication of the report

• about the complaints procedure

• where relevant, about the implications of the establishment being judged as requires improvement or inadequate overall, including the possibility it they might have a separate Ofsted inspection of its education, skills and work

After the inspection

Arrangements for publishing the report in joint inspections with HMIP

111. The Ofsted lead inspector will draft:

• section 3: ‘purposeful activity’ (excluding the ‘time out of cell’ section)

• the separate ‘education, training and employment’ section of the resettlement reintegration planning pathway of HMIP’s report, for women’s prisons only

112. The lead inspector is responsible for writing the inspection report and submitting the evidence to Ofsted and HMIP shortly after the inspection ends. The text of the report should reflect the evidence. The findings in the report should be consistent with the feedback given to the prison or YOI at the end of the inspection.

113. Inspection reports will be quality assured by Ofsted before the lead inspector submits the report to HMIP. The inspection process is not complete until the report is published. Ofsted may share a draft of the inspection report with funding bodies as necessary.

Arrangements for publishing the report in separate Ofsted inspections of education, skills and work

114. The lead inspector is responsible for writing the inspection report and submitting the evidence to Ofsted shortly after the inspection ends. The text of the report should reflect the evidence. The findings of the report should be consistent with the feedback given to the prison at the end of the inspection.

115. Inspection reports will be quality assured before we send a draft copy to the prison or YOI for a factual accuracy check. The draft report is restricted and confidential and should not be shared externally or published. The inspection report is not complete until the prison receives the final version of the report. We will share the findings of the inspection with HMIP after the inspection and before publication. We will also share the findings with HMPPS.

116. We will inform the prison of the timescale for commenting about factual accuracy in the draft report. The lead inspector will consider any factual inaccuracies identified by the establishment and will make changes as appropriate.

117. Typically, the prison will receive an electronic version of the final report before we publish the report. In most circumstances, we will publish the final report on our reports website within 4 to 6 weeks.

The inspection evidence base

118. The evidence base for the inspection must be retained for the time specified in Ofsted’s guidance. This is normally 6 years from the publication of the report. We may decide that retaining it for longer is warranted for research purposes.

Quality assurance and complaints

Quality assurance of inspection

119. All inspectors are responsible for the quality of their work. The Ofsted lead inspector must ensure that inspections are carried out in accordance with the principles of inspection and the code of conduct.

120. Ofsted monitors the quality of inspections through a range of formal processes. Senior HMI or HMI may visit some prisons and YOIs to quality assure inspections. We may also evaluate the quality of an inspection evidence base. The Ofsted lead inspector will be responsible for feeding back to the team inspectors about the quality of their work and their conduct.

Handling concerns and complaints

121. The great majority of Ofsted’s work is carried out smoothly and without incident. If concerns arise during an inspection visit, they should be raised with the Ofsted lead inspector as soon as possible in order to resolve any issues before the inspection is completed. The lead inspector should seek advice where necessary. Inspectors should note any concerns raised, and actions taken, in the inspection evidence.

122. If it is not possible to resolve concerns during the inspection, the prison or YOI may wish to lodge a formal complaint. The lead inspector should ensure that the establishment is informed of the procedures for making a formal complaint.

Monitoring visits

123. Ofsted may carry out monitoring visits to prisons and YOIs in certain circumstances in regard to their education, skills and work.

124. Monitoring visits are an interim form of inspection that explores one or more specific themes. Their purpose is to monitor progress against these themes to encourage improvement and assess risk.

125. Ofsted monitoring visits will include progress judgements against selected themes. We will normally make one of the following progress judgements on monitoring visits:

• insufficient progress: progress has been either slow or insubstantial or both, and the demonstrable impact on prisoners has been negligible

• reasonable progress: the establishment’s actions are already having a beneficial impact on prisoners and improvements are sustainable and are based on the establishment’s thorough quality assurance processes

• significant progress: progress has been rapid and is already having considerable impact on prisoners

126. The selected themes will normally be related to the areas for improvement set out in the last full inspection report, although they may also relate to matters arising since the previous full inspection.

127. Ofsted will normally carry out monitoring visits in parallel with HMIP’s IRPs. They will involve feedback to the governor. Our findings and progress judgements against the selected themes will be included within the IRP report. When HMIP announce an IRP, the notification letter will set out Ofsted’s involvement in the IRP and the themes to be covered.

128. Ofsted may also carry out a separate, standalone monitoring visit of a prisons education, skills and work. This will normally result in a published report setting out the findings and progress judgements. The process for publication will be as set out for separate Ofsted inspections above. 

Part 2. The evaluation schedule: how we will judge education, skills and work activities in prisons and young offender institutions

Background to the evaluation schedule

129. Inspectors must use the evaluation schedule alongside the guidance set out in part 1 of this handbook and the EIF.

130. The evaluation schedule is not exhaustive. It does not replace the professional judgement of inspectors. Inspectors must interpret the grade descriptors in relation to the context of the prison or YOI.

131. In line with the EIF, inspectors will make judgements on the following areas:

132. and the 4 key judgements:

133. We have created the criteria for each of these judgements using inspection experience, areas of consensus in academic research and our own research. You can find a full note of how the judgement criteria relate to the available research. Ofsted’s criteria need to be understood in the context of HMIP’s ‘Men’s prisons Expectations’ and ‘Children’s Expectations’

134. Inspectors use the following four-point scale to make all judgements, including, where applicable:

The evaluation schedule and grade descriptors

Overall effectiveness

135. To make the judgement on a prison or YOI’s overall effectiveness, inspectors must use all their evidence to evaluate the effectiveness of the learning that prisoners undertake.

136. In judging the overall effectiveness, inspectors will take account of the 4 key judgements. They will consider whether the quality of provision is good or whether it exceeds good and is therefore outstanding. If it is not good, inspectors will consider whether it requires improvement or is inadequate. An establishment will be inadequate under a particular judgement if one or more of the inadequate criteria apply, unless the inadequate criteria apply solely due to the impact of COVID-19.

137. Before making the final judgement on overall effectiveness, inspectors must evaluate the extent to which the education and training provided meets the needs of all prisoners. This includes prisoners with SEND and those with learning difficulties.

Grade descriptors for overall effectiveness

138. In order to judge whether a prison or YOI is good, requires improvement or is inadequate, inspectors will use a ‘best fit’ approach, relying on the professional judgement of the inspection team.

The quality of education, skills and work

139. Inspectors will take a rounded view of the quality of education, skills and work that a prison or a YOI delivers to its prisoners.

140. Inspectors will consider the prison or YOI’s curriculum, which embodies the decisions the establishment has made about the knowledge, skills and behaviours its prisoners need to acquire to fulfil their aspirations for learning, employment and independence.

141. They will also consider the way teachers, tutors and instructors teach, train and assess to support prisoners to build their knowledge and to apply that knowledge as skills.

142. Finally, inspectors will consider the outcomes that prisoners achieve as a result of the education and training they have received and the work they have undertaken.

Intent

143. In evaluating the prison or YOI’s educational intent, inspectors will primarily consider the curriculum leadership provided by senior and subject leaders.

144. The evaluation focuses on factors that contribute to prisoners receiving education and training that enables them to achieve highly. These factors are listed below.

• Leaders and managers have selected and developed a curriculum that develops the knowledge, skills and behaviours that prisoners need in order to take advantage of the opportunities, responsibilities and experiences that prepare them for their next stage in education, training or employment within the establishment or on release. This includes, where relevant, English, mathematics and information and communication technology (ICT). In this way, the curriculum can powerfully address social disadvantage.

• It is clear what the curriculum is preparing prisoners for. It is also clear what prisoners will need to be able to know and do at the end of their learning or training programmes.

• Leaders, managers and teachers have planned and sequenced the curriculum so that prisoners can build on previous teaching and learning and develop the new knowledge and skills they need.

• The curriculum offers prisoners the knowledge and skills that reflect the needs of the local and regional context where they are likely to be released.

• The curriculum intent takes into account the needs of prisoners, employers and the local, regional and national economy, as necessary. Curriculum planning takes account of delays and gaps that arise as a result of the pandemic.

145. The curriculum ensures that all prisoners benefit from high academic, technical and/or vocational ambitions. This means that the curriculum should be ambitious for prisoners with SEND or learning difficulties, including those who have additional learning needs. It should meet those needs.

The curriculum

146. The curriculum sets out the aims of a programme of education and training. It also:

• sets out the structure for those aims to be implemented, including the knowledge, skills and behaviours to be gained at each stage

• enables the evaluation of prisoners’ knowledge and understanding against those expectations.

147. We will judge establishments taking radically different approaches to the curriculum fairly. We recognise the importance of an establishment’s autonomy to choose its own curriculum approaches. If leaders are able to show that they have thought carefully, that they have built a curriculum with appropriate coverage, content, structure and sequencing, and that it has been implemented effectively, then inspectors will assess it favourably.

Sources of evidence specific to curriculum intent

148. Inspectors will draw evidence about leaders’ intent for the curriculum principally from discussion with senior and subject leaders. Inspectors will explore:

• how leaders have ensured that a subject curriculum includes content that has been identified as most useful and that this content is taught in a logical progression, systematically and explicitly for all prisoners to acquire the intended knowledge, skills and behaviours. This includes understanding how the pandemic may have led to gaps in prisoners’ knowledge, learning delays and new starting points.

• how leaders ensure that the curriculum supports prisoners’ progression and provides knowledge and/or skills for the future (including non-qualification activity, where relevant)

• how prisoners see links between different areas of knowledge and skills and recognise that some knowledge and skills are transferable

• how carefully leaders have thought about the sequence of teaching knowledge and skills to build on what prisoners already know and can do.

149. Inspectors will also consider any documentary evidence that leaders wish to provide in the format that the prison or YOI normally uses. Inspectors will not request materials to be produced or provided in any specific format for inspection.

Implementation

150. In evaluating the implementation of the curriculum, inspectors will focus on how the curriculum is taught at subject, classroom or workshop level.

151. We will focus on the following factors and the extent to which they are implemented.

• Teachers, trainers and instructors have expert knowledge of the subjects that they teach. If they do not, they are supported to address gaps so that prisoners are not disadvantaged by ineffective teaching, training and instruction.

• Teachers enable prisoners to understand key concepts, presenting information clearly and promoting discussion.

• Teachers check prisoners’ understanding effectively, and identify and correct misunderstandings.

• Trained peers are deployed as mentors to work closely with staff to provide focused individual guidance and help to prisoners.

• Leaders and teachers have designed and are delivering the subject curriculum in a way that allows prisoners to transfer key knowledge to long-term memory. The curriculum is sequenced so that new knowledge and skills build on what prisoners know and can do and prisoners can work towards defined end points.

• Teachers ensure that prisoners embed key concepts in their long-term memory and apply them fluently and consistently.

• Teachers use assessment to:

  • check prisoners’ understanding in order to inform further teaching, training and instruction

  • help prisoners to embed and use knowledge fluently

  • develop prisoners’ understanding

  • gain, extend and improve prisoners’ skills and not for them to simply memorise disconnected facts.

• Prisoners’ employment-related skills are recognised and recorded.

• Release on temporary licence is used to enhance prisoners’ employment or training skills and prepare them for release.

• Pay rates encourage self-improvement and prisoners are paid fairly, accurately and on time.

The use of assessment

152. When used effectively, assessment can help prisoners to embed and use knowledge fluently and to show that they are competent in applying their skills. The results of effective assessment assist teaching staff to produce clear and achievable next steps for prisoners.

153. However, assessment is too often carried out in a way that creates unnecessary burdens for staff and prisoners. It is therefore important that leaders and teachers understand its limitations and avoid misuse and overuse.

154. Inspectors will evaluate how assessment supports the teaching of the curriculum, while not driving teachers and trainers towards excessive individualisation, differentiation or interventions that are almost impossible to deliver without lowering expectations of some prisoners and/or driving up teachers’ workload. This will include considering how the provider responds to any learning gaps that have arisen as a result of the pandemic.

Sources of evidence specific to curriculum implementation

155. The following activities will provide inspectors with evidence about the establishment’s implementation of its intended curriculum:

• discussions with subject specialists, subject leaders and teachers/trainers/instructors about:

  • the curriculum that prisoners follow

  • the intended end points towards which those prisoners are working

  • their view of how those prisoners are progressing through the curriculum

• reviews of curriculum plans or other long-term planning, in whatever form teachers and/or subject leaders usually produce and use them

• visits to classes, workshops and other activities, including observations of teaching and training

• scrutinising prisoners’ work

• interviews with prisoners

• discussions with teachers/trainers about how often they are expected to record and review data

• discussions with subject specialists and leaders about the content and pedagogical content knowledge of teachers/trainers, and what is done to support them, including with remote teaching

• discussions with staff, including specialist staff and peer mentors, who support prisoners in developing their knowledge, skills and behaviours

• where relevant, discussions with subject leaders and teachers about how the curriculum has been delivered remotely and reviews of prisoners’ work completed remotely.

156. In order to triangulate evidence effectively, inspectors will ensure that they gather a variety of these types of evidence in relation to the same sample of prisoners. Inspectors will also ensure that the samples of prisoners they choose are sufficient to allow them to reach a valid and sufficiently reliable judgement on the quality of education and training offered by the prison or YOI overall.

Impact

157. When inspectors evaluate the impact of the education, skills and work provided by the prison or YOI, they will focus on what prisoners have learned, and the skills they have gained and can apply.

158. Inspectors will focus on the following factors.

• A well-constructed, well-taught curriculum will lead to good results because those results will reflect what prisoners have learned. There need be no conflict between teaching a broad, rich curriculum and achieving success in examinations and tests.

• Prisoners with learning difficulties and those with SEND acquire the knowledge and skills they need to improve their chances of successful rehabilitation, becoming more independent in their everyday life and/or progressing to employment.

• Examinations are useful indicators of prisoners’ outcomes, but they only represent a sample of what they have learned. Inspectors will balance this with their first-hand assessment of prisoners’ work.

• All learning builds towards an end point. Prisoners are being prepared for their next stage of education, training or employment, within their establishment or on release, at each stage of their learning. Learning takes account, where relevant, of prisoners’ sentence plans. Inspectors will also consider whether prisoners are ready for the next stage and are progressing to appropriate, high-quality destinations within the prison or YOI or on release.

• The provision gives prisoners the skills to help them reduce reoffending.

Sources of evidence specific to curriculum impact

159. Inspectors will gather evidence of the impact of the education, skills and work offered by the prison or YOI from the following sources:

• Valid/externally validated performance information about prisoners’ progress and attainment, where it is available

• first-hand evidence of the progress that prisoners are making, drawing together the evidence from the interviews, observations, work scrutiny and documentary review, described above (see ‘sources of evidence specific to curriculum implementation’)

• any information provided by the prison or YOI about the destinations to which its prisoners progress when they leave the establishment

• discussions with a selection of prisoners about their intended/planned destinations

• discussions with prisoners about the impact of curriculum, for instance about what they have remembered about the knowledge and skills they have acquired and how their learning enables them to connect ideas.

160. Inspectors will also evaluate prisoners’ progress in relation to their starting points, based on:

• their rate of learning

• their acquisition of knowledge, skills and behaviours

• whether they have achieved their individual, challenging targets.

161. Inspectors will not look at internal progress and attainment data on courses when fixed-time terminal examinations comprise the entire assessment of the course. Similarly, inspectors will not normally look at predicted in-year achievement and attainment data more generally.

Balancing intent, implementation and impact to reach a quality of education, skills and work judgement

162. Inspectors will not grade intent, implementation and impact separately. Instead, inspectors will reach a single graded judgement for the quality of education, skills and work, drawing on all the evidence they have gathered and using their professional judgement.

Grade descriptors for the quality of education, skills and work

Note: Some sections of the criteria appear in [square brackets] below. This is to mark that they are transitional only, because we recognise that not all establishments will have had the opportunity to complete the process of adopting or constructing their curriculum fully by February 2020. We will review these bracketed sections in time for September 2022 to decide whether they should be deleted.

163. In order to judge whether the quality of education is good, requires improvement or is inadequate, inspectors will use a ‘best fit’ approach, relying on the professional judgement of the inspection team.

164. Note: Some sections of the criteria appear in [square brackets] below. This is to mark that they are transitional only, because we recognise that not all establishments will have had the opportunity to complete the process of taking up or constructing their curriculum fully. We will keep our handbook and methodology under review as circumstances change and we continue to emerge from the pandemic.

Behaviour and attitudes

165. This judgement considers how leaders and staff create a safe, disciplined and positive environment within the education, skills and work areas of the prison or YOI and the impact that this has on the behaviour and attitudes of prisoners.

166. The judgement focuses on the factors that research and inspection evidence indicate contribute most strongly to prisoners’ positive behaviour and attitudes, thereby giving them the greatest possible opportunity to achieve positive outcomes. These factors are:

• a calm and orderly environment in the prison or YOI’s classroom, workshop and workplace, as this is essential for prisoners to be able to learn

• the setting of clear expectations for behaviour across education, skills and work activities

• a strong focus on attendance at, and punctuality to, education, skills and work areas in order to minimise disruption, and so that prisoners gain valuable employability skills

• prisoners’ motivation and positive attitudes to learning as important predictors of attainment

• a positive and respectful prison or YOI culture in which staff know and care about prisoners and place the appropriate priority on prisoners attending education, skills and work

• an environment in which prisoners feel safe when engaged in education, skills and work-related activities because staff and prisoners do not accept bullying, harassment or discrimination. Staff deal with any issues quickly, consistently and effectively

• prisoners’ appreciation of the importance of the skills learned in the context of their next steps and rehabilitation plans.

Prisoners with particular needs

167. The prison or YOI may be working with learners with particular needs to improve their behaviour or their attendance. When this is the case, ‘behaviour and conduct that reflect the prison or YOI’s high expectations and their consistent, fair implementation’ are likely to indicate improvement in the attendance, punctuality and conduct of these prisoners. In the case of some groups of learners, COVID-19 may have affected their attitudes to learning or work that are not yet in keeping with the establishment’s high expectations.

168. Some prisoners, or groups of prisoners, who have particular needs may have weak attendance or display challenging behaviour. When this is the case, inspectors will evaluate:

• the impact of the prison or YOI’s high expectations

• the consistent, fair implementation of policies

• the support given by the prison or YOI to the prisoners

• the impact on the marked and sustained improvement of the attendance and behaviour of these prisoners.

Sources of evidence specific to behaviour and attitudes

169. Inspectors will use evidence gathered during the inspection as well as evidence of trends in prisoners’ behaviour and attitudes over time. Inspectors will use first-hand evidence from visits to learning sessions and training workshops, including visits to prisoners at work or on work placements. Inspectors will also gather evidence from interviews with prisoners, staff, employers and other partners, and documents such as attendance registers may also be used.

170. Inspectors’ judgements about prisoners’ behaviour and attitudes are concerned with the extent of prisoners’ ability to demonstrate appropriate behaviour for the learning, training and the work environments. Inspectors’ judgements also take account of prisoners’ attitudes to learning and, where appropriate, to work.

171. Inspectors will carry out other evidence-gathering activities that include, but are not limited to:

• observing prisoners’ behaviour in a range of different classes/workshops/work at different times of the day

• observing prisoners’ punctuality in arriving at classrooms, workshop sessions and to work

• observing prisoners’ courtesy, respect for and good manners towards each other and staff, and pride in themselves and their employers, as appropriate

• reviewing documentary evidence about behaviour, including how the prison or YOI tackles challenging behaviour

• gathering the views of prisoners, employers, parents and carers (in YOIs), staff, those with responsibility for governance (in YOIs) and other stakeholders

• gathering evidence about the typical behaviour of prisoners while they attend RoTL placements

• balancing evidence seen during the inspection and evidence of trends over time.

Grade descriptors for behaviour and attitudes

172. In order for the behaviour and attitudes of a prison or YOI to be judged outstanding, it must meet all of the good criteria securely and consistently and it must also meet the additional outstanding criteria.

173. In order to judge whether behaviour and attitudes are good, requires improvement or are inadequate, inspectors will use a ‘best fit’ approach, relying on the professional judgement of the inspection team.

Personal development

174. The curriculum should support prisoners to develop their knowledge and skills beyond the purely academic, technical or vocational. This judgement evaluates the prison or YOI’s intent to provide for the personal development of prisoners, and the quality of the way in which it does this.

175. As the prison or YOI is working with prisoners, those prisoners are also being influenced by other factors in their environment, their community and elsewhere. Staff can teach and train prisoners in how to build their confidence and resilience, for example, but they cannot determine how well they draw on this. Similarly, staff cannot make their prisoners active, engaged citizens, but they can help them understand how to engage with society and provide them with plentiful opportunities to do so. Prison or YOI staff can take effective action to prepare prisoners for many aspects of life, but the impact of this work may not be seen until many years later. In this judgement, therefore, inspectors will seek to evaluate the quality and intent of what a prison or YOI offers and will look to see what prisoners know but will not attempt to measure the impact of the prison or YOI’s work on the lives of individual prisoners. Where the usual opportunities have been disrupted by the pandemic, the establishment has found alternative approaches to providing a rich range of personal development opportunities.

176. The judgement focuses on the most significant dimensions of the personal development of prisoners as part of their education, skills development or work-related activities:

• developing responsible, respectful and active citizens who are able to play their part and know how to become involved in prison life, and in the community when on RoTL

• developing and deepening prisoners’ understanding of the fundamental British values of democracy, individual liberty, the rule of law and mutual respect and tolerance

• promoting equality of opportunity so that all prisoners understand that difference is a positive, not a negative, and that individual characteristics make people unique

• promoting an inclusive environment that meets the needs of all prisoners, irrespective of age, disability, gender reassignment, race, religion or belief, sex or sexual orientation, relationship status or pregnancy

• developing prisoners’ character so that they reflect wisely, learn eagerly, behave with integrity and cooperate consistently well with others. This gives prisoners the qualities they need to lead positive lives in prison and on release in the community

• developing prisoners’ confidence, resilience and knowledge so that they can keep themselves mentally healthy

• providing an effective careers programme that offers advice, experience and contact with employers, where appropriate, to encourage prisoners to make informed choices about their current learning and future career plan. This includes how effectively learning plans are linked with, and take account of, prisoners’ sentence plans

• supporting prisoners’ readiness for the next phase of education, training or employment, within the prison or YOI on release, so that prisoners can make the transition to the next stage successfully

• encouraging and supporting prisoners due for release to progress to suitable further education, training and employment on release, including by means of access to modern means of job search and job application through the virtual campus

177. These aspects of personal development will be considered in an age-appropriate way within the context of the establishment and its prisoners.

Sources of evidence specific to personal development

178. To inform this judgement, inspectors will use evidence gathered during the inspection and evidence of trends in prisoners’ personal development over time.

179. Inspectors will use first-hand evidence from visits to learning sessions and training workshops, including visits to prisoners at work or on work placements, where relevant. Inspectors will gather evidence from interviews with prisoners, staff, employers and other partners. Evidence will also include information provided through prisoner and other relevant stakeholders’ questionnaires. Inspectors will use a range of evidence to evaluate personal development, including:

• the range, quality and take-up of extra-curricular activities offered

• how well leaders promote British values

• how well leaders develop prisoners’ character through the quality of education, training and work that they provide

• where appropriate, the quality of debate and discussions that prisoners have

• prisoners’ understanding of the protected characteristics and how they can promote equality and diversity, and how they celebrate the things we have in common

• the quality of careers information, education, advice and guidance, and how well these benefit prisoners in choosing and deciding on their next steps.

Grade descriptors for personal development

180. In order for personal development to be judged outstanding, it must meet all of the good criteria securely and consistently and it must also meet the additional outstanding criteria.

181. In order to judge whether personal development is good, requires improvement or is inadequate, inspectors will use a ‘best fit’ approach, relying on the professional judgement of the inspection team.

Leadership and management

182. Inspectors will look at the work of governors (in YOIs), senior leaders, subject leaders and others with leadership and management roles when reaching this judgement.

183. This judgement is about how leaders, managers and/or those responsible for governance ensure that the education, skills and work-related activities delivered by the prison and YOI have a positive impact on all prisoners, including those with SEND and those with learning difficulties. It focuses on the areas in which inspection evidence and research show that leaders and managers can have the strongest impact on the quality of education, skills and work provided. Important factors include:

• leaders’ high expectations of all prisoners and the extent to which these are embodied in day-to-day interactions with, and support for, prisoners

• the extent to which leaders focus their attention on the education, skills and work-related activities they provide, leading to better outcomes for prisoners such as reducing re-offending and continued and sustainable improvement

• whether continuing professional development for teachers, trainers, instructors and other staff is aligned with the curriculum, and the extent to which this develops their subject expertise and teaching/training knowledge over time, so that they deliver high-quality education and training

• the extent to which leaders ensure that prisoners benefit from effective teaching/training and high expectations in classrooms, remotely, in workshops, at work or with subcontractors

• whether leaders engage with prisoners, their community and employers to plan and support the education and training that prisoners get

• the extent to which leaders consider the workload and well-being of their staff, while also developing and strengthening the quality of the workforce

• the extent to which leaders’ and managers’ high ambitions are for all prisoners, including those who are difficult to engage

• whether leaders and/or those responsible for governance understand their respective roles and carry these out to enhance the effectiveness of the prison or YOI

• the extent to which the prison or YOI has sufficient education, skills and work provision for its population and availability of appropriate learning opportunities

• the extent to which leaders and managers monitor the progression and destinations of their prisoners (including whether prisoners enter secure and sustained employment) and use this information to improve provision

• the effectiveness of the allocation and attendance measures in ensuring prisoners attend their activity on time with minimal interruptions

• whether leaders and managers have an accurate understanding of the prison or YOI and its providers’ and subcontractors’ effectiveness.

Safeguarding

184. Inspectors will always have regard to how well prisoners are helped and protected so that they are kept safe. Although inspectors will not provide a separate judgement for this key aspect of the prison or YOI’s work, inspectors will always inform HMIP’s inspectors, who inspect this area, about any concerns or good practice that they identify during their inspection activities.

185. The judgement of safeguarding prisoners is made by HMIP in the safety section of the joint inspection report.

186. Inspectors will consider whether:

• prisoners’ behaviour towards each other is unsafe, putting prisoners at risk of harm when attending education, skills and work activities

• incidents of bullying or prejudiced and discriminatory behaviour, either direct or indirect, are common

• prisoners or particular groups of learners do not feel safe (including safe working practices, the dangers of radicalisation and extremism and the risk of sexual abuse) when attending any of the education, skills and work activities.

Sources of evidence specific to leadership and management

187. Inspectors will gather a range of evidence from meetings with leaders and managers and first-hand evidence of their work across the prison or YOI, including in subcontracted provision.

188. Inspectors will use documentary evidence that the prison or YOI supplies to evaluate the impact of the work of leaders and managers, both currently and over time. They will use this in conjunction with first-hand evidence. Evidence overall includes, but is not limited to:

• meetings with leaders and those responsible for governance (in YOIs), to evaluate how well they fulfil their responsibilities for education, skills and work

• documentary evidence that demonstrates the effectiveness of the provision for all prisoners and its continuous and sustainable improvement

• interviews with staff and prisoners to evidence how well leaders have created a positive culture

• first-hand evidence gathered during the inspection

• responses to any staff, prisoner and employer surveys/questionnaires. These will be particularly useful for judging the culture that leaders and managers have established

• any evidence the prison or YOI has from regularly surveying the staff and the way in which leaders and managers have responded to concerns raised by staff or employers.

Grade descriptors for leadership and management

189. In order for the leadership and management of a prison or YOI to be judged outstanding, it must meet all of the good criteria securely and consistently and it must also meet the additional outstanding criteria.

190. In order to judge whether leadership and management are good, requires improvement or inadequate, inspectors will use a ‘best fit’ approach, relying on the professional judgement of the inspection team.

HMIP’s ‘Expectations’

‘Expectations’ for children (YOI) purposeful activity: education, skills and work activities, section 3

191. In addition to the evaluation criteria set out in this handbook, inspectors will consider the following indicators.

Governance

192. Inspectors will seek evidence of the impact of those responsible for governance. They will determine whether they:

• provide confident, strategic leadership

• create strong accountability for, and oversight and assurance of, educational performance to ensure continuous and sustainable improvement

193. Inspectors should consider whether those responsible for governance:

• know the prison or YOI and understand its strengths and weaknesses

• support and strengthen the prison or YOI’s leadership and contribute to shaping its strategic direction

• provide challenge and hold senior leaders and managers to account for improving the quality of learning and the effectiveness of performance management systems

194. Inspectors will satisfy themselves that those responsible for governance understand their responsibilities and are ensuring that these are carried out appropriately within the establishment. They are not expected to review a list of duties with inspectors.

• Information regarding children’s individual needs, including their abilities in oral language, literacy and numeracy and any special educational needs, is used effectively to inform the planning of teaching and learning. Information about children’s needs and abilities is shared appropriately with all staff who need to know, including residential staff.

• Children access a curriculum that provides them with challenge and inspiration, and enhance their confidence and self-esteem.

• Children’s lack of progress triggers more in-depth assessment of their underlying skills.

• The contents of learning plans are properly coordinated with any other existing plans involving the children.

• Children are involved in setting, reviewing and monitoring their progress towards the achievement of a clear and well-defined curriculum. Where relevant, individual learning goals are underpinned by appropriate personal and social development targets.

• The views of children form an effective part of the review and future planning of the curriculum.

• Education staff attend all training, planning and remand management meetings and make a significant contribution to training or remand plans.

• Children have appropriate access to a range of additional learning resources. Children based in different locations, for example in care and separation and health care, are provided for.

• Education assessments and achievement records are transferred effectively and efficiently to the onward responsible body.

• Children enjoy their learning and make good progress relative to their prior attainment, especially in the key areas of literacy and numeracy.

• Children have equal opportunities to access education, skills and work activities.

• Up-to-date information collected on the existing skills and knowledge needs of the children, such as that contained in education, health and care (EHC) plans, informs the provision of education, skills and work-related activities.

• Staff have appropriate qualifications and expertise, and can access specialist support, such as speech and language therapy, and dyslexia and autistic spectrum services.

• Staff have an appropriate understanding of mental health issues and their impact on children’s attitudes, ability and readiness to learn.

• There are no significant variations in the progress and achievement of different groups of children, such as those in different locations within the establishment, for example health care or care and separation.

• Leaders and managers prepare children for successful life in modern Britain and promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those with different backgrounds, faiths and beliefs.

• Leaders and managers prepare children with SEND to become more independent in their everyday life.

• The effectiveness of safeguarding practice in education, learning and work activities includes the prevention of extremism and radicalisation and peer- on-peer abuse among children.

• Teaching staff have access to the necessary information to understand how broader issues, such as family, healthy relationships and well-being (including mental health) currently affect individual children and impact on their learning.

• Children have access to a broad, balanced and relevant curriculum that includes education, an introduction to the world of work through pre-vocational training and work-related learning, and the promotion of their personal and social development.

• The requirements of the national curriculum are adapted appropriately when planning provision for children under school leaving age. Children under school-leaving age receive their statutory entitlement of education, skills and work and learning and related skills activities.

• Classes are rarely cancelled. Cancellations are robustly monitored, and appropriate action is taken to make sure that classes are not cancelled again. In these cases, teaching staff deploy contingency plans to allow children to catch up with their work and to continue making progress with their learning.

• Children behave well. Poor behaviour is responded to quickly and managed effectively. Children are only returned to their residential units if their behaviour becomes too disruptive to manage. Leaders and managers investigate repeated returns to identify underlying causes.

• Exclusions from education are monitored robustly and used only as a last resort. Leaders, managers and staff do not use separation as their main behaviour management strategy.

• Children who are excluded have a clear and timely plan for their full reintegration. During the period of their exclusion, they are provided with high-quality learning opportunities that are sufficient to occupy them throughout the day.

• Children who refuse to attend education and learning and skills activities are actively monitored. They have a clear and timely multi-disciplinary plan, which addresses their difficulties and works towards a return to their learning and skills programme at the earliest opportunity.

• When transferred or released, an accurate record of the child’s learning needs, progress and achievements is sent promptly to the receiving establishment or education, training and employment provider.

• All children leave custody with finalised arrangements for their education, work or training. There is a good liaison between the establishment and education, training and employment provider to organise ‘start up’ arrangements and other practical aspects of transition and allow children to begin their education without delay.

• Links with community youth offending teams (YOTs) and home-based careers advice services enable children to continue to receive appropriate education, training and employment (ETE) guidance.

• Children are encouraged to develop their research and independent learning skills, including the development of their digital skills, through supervised use of the internet.

‘Expectations’ for women purposeful activity: education, skills and work activities, section 3

195. In addition to the evaluation criteria set out in this handbook, inspectors will consider the following indicators.

• All women receive timely and accurate initial assessment, taking account of any records of prior learning and achievement, to provide a clear understanding and record of their education, skills and work needs, including social and life skills, literacy, numeracy and language support, employability and vocational training.

• Work environments are appropriate, representative of those outside of prison and improve the employability of women.

• Women access a curriculum based on identified needs that promotes their successful resettlement and enables them to lead autonomous and independent lives.

• The education, skills and work curriculum adequately meets women’s needs.

• The curriculum is diverse and not based on gender stereotypes.

• Women are able to combine work and study.

• The curriculum is based on an effective women-centred analysis of the needs of the prisoner population, relevant research and local and national labour market need.

• Women are occupied in activities that benefit them, enhance their self-esteem, and improve their well-being and chances of successful resettlement.

• Women wishing to be self-employed receive specialist support and encouragement.

• Women are given opportunities to use their skills for the benefit of other women, for example, in peer mentoring and support roles.

• Women develop relevant knowledge, skills and understanding which contribute to their personal development and economic and social well-being.

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