Awarding organisations could be called out for being “dishonest” or criticising their competitors under new enforceable rules proposed by the qualifications regulator.
New so-called “principle conditions” will be added to Ofqual’s already 100+ page rulebook for awarding organisations, subject to a consultation launched today.
Six principles, one of which requires awarding organisations (AOs) to “act with honesty and integrity”, will be added to Ofqual’s general conditions of recognition (GCR), which the regulator claimed will help AOs make decisions in “new, unexpected or novel situations”.
The principles include acting “with honesty and integrity”, ensuring qualifications “are fit for purpose”, and “where possible, promote public confidence in qualifications”.
Ofqual’s GCR is its rulebook for AOs. It regulates who can run AOs, how qualifications should be developed and titled and even where the Ofqual logo should go on certificates.
Breaches to the GCR can result in sanctions ranging from mandating certain improvements, to financial penalties and removing the AO’s powers to award qualifications.
Ofqual declined to comment when asked if it was bolstering its rules in the wake of recent fines and regulatory actions taken against awarding organisations such as City and Guilds, Pearson and NCFE.
The regulator admitted its expectations on awarding organisations haven’t changed, but stressed the new rules will help awarding organisations make decisions by “removing regulatory uncertainty”.
‘Potential’ burdens for awarding organisations
Sir Ian Bauckham, Ofqual’s chief regulator, said: “These principles will play an important role in helping Ofqual secure standards and public confidence in qualifications.
“While the principles are new, the concepts and expectations they articulate already underpin our rules.
“They will provide additional support to help awarding organisations’ decision-making and can apply at both strategic and operational levels.”
The consultation acknowledges awarding organisations will face “some additional burden” from the new principle conditions. Ofqual believes this is “justified”.
It states: “The long-term benefits to awarding organisations, and to Ofqual, of a clearer understanding and more consistent interpretation of the framework will outweigh the potential short-term burden of familiarising and ensuring the principles are met.”
This comes as several awarding organisations introduce inflation-busting exam fee hikes for their qualifications, adding costs to colleges and providers.
Rob Nitsch, chief executive of the Federation of Awarding Bodies, told FE Week: “The headline principles reflect a best practice that FAB’s members would recognise.
“However, we will be looking closely at the potential impact and especially the additional regulatory burden that the proposal will generate, which we know is a very significant matter of concern for the industry.”
Public confidence in all qualifications
If agreed, awarding organisations will be issued statutory guidance which will set out examples of incidents that constitute a breach of the new principles.
For example, “not taking sufficient care about the accuracy of information that the awarding organisation provides to Ofqual and users of qualifications” would be considered a breach of the first principle, “act[ing] with honesty and integrity”.
Incidents which see results delayed to students, or running negative advertising campaigns against competitor qualifications, could see AOs in breach of principle 4: “Maintain, and where possible, promote public confidence in qualifications.”
Ofqual’s proposed guidance on this principle specifically states its expectation to maintain and promote public confidence in all qualifications, not just the ones they award.
Ofqual’s existing rules already require awarding organisations to make sure qualifications are fit for purpose. A new condition, and guidance, is now proposed as one of the six principles which says: “An awarding organisation must ensure that each qualification that it makes available, or proposes to make available is, and continues to be, fit for the purposes for which it is intended.”
The consultation closes on February 12, 2025.
Ofqual’s proposed six principle conditions
An awarding organisation must:
- Act with honesty and integrity
- Treat learners fairly by acting and taking decisions with due impartiality and based on appropriate evidence
- Ensure that each qualification that it makes available, or proposes to make available is, and continues to be, fit for the purposes for which it is intended
- Act in a way that maintains and, where possible, promotes public confidence in qualifications
- Act in an open, transparent and co-operative manner with Ofqual and, as appropriate, with users of qualifications
- Conduct its activities with a proactive approach to compliance with its Conditions of Recognition
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