The regulator is to refine its approach to ensure awarding
organisations continue to offer high quality qualifications.
Changes to improve the way Ofqual both supports compliance and
takes regulatory action were put out for consultation
today.
The changes are designed both to support awarding organisations
and ensure that enforcement action, when it is needed, is
proportionate and fair, to maintain the standards of
qualifications that students and the public rely on.
The updated approach introduces proposals to better explain the
way in which the regulator uses its powers. It also proposes
revised and more efficient processes for dealing with regulatory
breaches and a new sanction.
Proposals include:
-
a streamlined process for settling simple cases quickly,
where organisations agree they have breached Ofqual's
conditions
-
a new sanction of a public rebuke from the regulator in cases
where it's right that a failure to follow regulatory rules be
addressed formally and publicly, but where a fine may not be
proportionate
Where cases are not contested, it is proposed that the chief
regulator will have the power to decide that a final decision can
be made by a single decision-maker.
Deputy Chief Regulator Michael Hanton said: “The 11 million
certificates awarded for regulated qualifications in England each
year are intrinsic to our education system, the economy, and
wider society. Ofqual's job is to be the guardian of standards
and quality in those qualifications.
“Like all regulators, we want those we regulate to comply with
our rules, so that standards are maintained. These proposals are
intended to bring clarity about how we will both support
compliance and also take action when necessary.”
The updated policy, ‘Supporting Compliance and Taking Regulatory
Action', will include a new section explaining the ways Ofqual
can support awarding organisations to meet its requirements and
avoid the need for formal enforcement action.
Previous work on updating the policy was interrupted by the
pandemic.
The consultation was launched
today, Thursday, 20 February 2025, and will end on Tuesday,
15 May 2025, at 11:45pm.
Background information:
-
Ofqual regulates 249 awarding organisations, certificating
over 11 million certificates a year. These include GCSEs, A
levels, T Levels, apprenticeship assessments and safety
critical qualifications in sectors such as healthcare,
childcare and security.
-
Parliament gave Ofqual enforcement powers in the
Apprenticeships, Skills, Children and Learning Act 2009.
Those powers were amended by the Education Act 2011.
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The Taking Regulatory Action policy was last amended in
2012.
-
Ofqual previously consulted on the proposal to implement a
‘rebuke' as part of its consultation on this policy in 2019.
This work was paused due to the pandemic.
-
The consultation and further details are here: https://www.gov.uk/government/consultations/amending-our-taking-regulatory-action-policy
