Ofqual intends to fine exam board Pearson £250,000 for breaching
rules designed to protect students and the integrity of exams.
The breaches, which occurred in 2023, included failing to
identify conflicts of interest among GCSE, A level and BTEC
examiners, who were also employed by Pearson as tutors at schools
where students sat the exams.
Pearson also failed to follow its own policies designed to ensure
the confidentiality of exam papers.
Pearson co-operated fully with Ofqual's enforcement process and
admitted it had breached its Conditions of Recognition - which
all awarding organisations are legally required to follow for
regulated qualifications.
Amanda Swann, Ofqual's Executive Director for General
Qualifications, said: “Our rules protect students taking
regulated qualifications including GCSE, A Level and BTECs. We
will take action when our rules are breached, and the interests
of students are put at risk.
“Fortunately, in these instances there is no evidence of any
direct impact on students. Pearson, however, failed to guard
against conflicts of interest and breaches of confidentiality and
we intend to fine them accordingly.”
From July 2023, Pearson reported breaches of its own policies to
Ofqual when it had:
-
Failed to identify, monitor and record conflicts of interest.
In total, 195 examiners marking GCSEs, A levels and BTEC
papers, who were also working as tutors for Pearson under the
government's National Tutoring Programme, marked 7,244 exam
responses by students at schools, where they had potential
conflict of interest. Pearson told Ofqual that any
potentially compromised exam questions were subsequently
remarked by other examiners before any grades were awarded.
Pearson has also confirmed to Ofqual it had bolstered systems
to prevent this happening again, including improving
notification to examiners of the requirement to declare
personal interests.
-
Failed to safeguard the confidentiality of school exams in 6
instances when individuals, involved in writing or advising
on an exam paper's content, were also practising teachers.
Pearson confirmed it had subsequently made changes intended
to prevent such breaches in future, including additional
staff training.
Ofqual's enforcement panel concluded a fine was appropriate,
given the seriousness of the breaches and that Pearson held the
information necessary to prevent them. Pearson has agreed a
settlement proposal which includes the fine.
Ofqual has today published a Notice of Intention to
fine Pearson. It gives more details of the case and invites
interested parties to make representations ahead of a final
decision.
Background information
Ofqual's Taking Regulatory Action
Policy sets out how it will use its powers to take regulatory
action.
Where the Ofqual board's enforcement panel has decided to take
enforcement action against an AO, we will publish the decision on
our website, which can include:
-
a Notice of Intention to impose a fine of up to 10% of an
AO's turnover
-
Ofqual withdrawing an AO's ability to offer some
qualifications, or any qualification, in the regulated sector
-
an Undertaking or Special Condition
