Ofqual raps apprenticeship assessor over rogue pass results 

The awarding body breached the regulator's rules, but won't face sanctions

The awarding body breached the regulator's rules, but won't face sanctions

An apprenticeship assessor that replaced fails with pass results by using tests that breached Ofqual guidelines has been reprimanded. 

Engineering and construction awarding body Excellence, Achievement & Learning Limited, known as EAL, was censured by the exam regulator for changing a “small number” of students’ end-point assessment results. 

The Dorset-based firm had failed the apprentices taking a multiple-choice test, then initially rejected their employer’s appeal on the basis its assessment was “valid and reliable”. 

But EAL later issued replacement results “using assessments that had not been completed in the required conditions”, according to Ofqual. 

The regulator issued a formal public notice that revealed EAL breached several of Ofqual’s rules, including around strict adherence to rules governing the qualification. 

EAL also “failed to identify and mitigate” the adverse effects of replacing compliant results with what it called “incorrect” results. 

However, Ofqual said it would take no further action as the pass results were “sufficiently valid” and the learners were “occupationally competent”. 

The Ofqual notice said: “EAL has complied with the direction and has determined the replacement results were sufficiently valid and reliable and should not be corrected. 

“This reflected the employer’s and provider’s view that the learners were occupationally competent. Ofqual will be taking no further action in relation to the direction.” 

Neither the regulator nor EAL would share details of the company’s rationale for changing its results following the appeal. 

Ofqual told FE Week it had not identified “sufficient grounds” to force the awarding body to reissue or revoke the qualifications. 

It also said that sharing further details of the case – such as the assessment or test centre – could “potentially” identify the students. 

An EAL spokesperson said: “EAL welcomes Ofqual’s decision to take no further action regarding its recent notice of direction.  

“Steps were taken to review policies and processes to prevent recurrence. 

“We are dedicated to upholding high standards of integrity and excellence in all our operations. 

“Our focus is on supporting the sectors we serve with qualifications and assessments that are trusted by both industry and learners alike.” 

Last year, EAL won a contract to deliver next-generation T Level contracts for building services engineering from 2025 and onsite construction from 2026 in partnership with WJEC Eduqas. 

Although EAL is a for-profit company with a £14 million annual turnover, it is owned by Enginuity, a charity that focuses on “closing the skills gaps” in engineering and manufacturing. 

Ofqual figures show the awarding body issued 925 certificates for 250 qualifications in the 2023-24 academic year. 

The Department for Education’s most up-to-date statistics show the awarding body issued 1,200 end-point assessment results in 2022-23. 

According to its annual report, EAL issued 64,000 certificates, including unregulated qualifications, to students in 2023-24 for more than 250 qualifications in construction, engineering, manufacturing and rail. 

Pre-tax profit was £3.3 million in the same year, down from £4.2 million the previous year. 

The charity’s highest-paid employee earns £250,000-£270,000 per year. Its chief executive officer is Ann Watson. 

Latest education roles from

Deputy Principal Finance & Facilities – HSDC

Deputy Principal Finance & Facilities – HSDC

FEA

Executive Principal

Executive Principal

Lift Rawlett

Head Teacher

Head Teacher

Green Meadow Primary School

Director of Admissions

Director of Admissions

Greene's College Oxford

Sponsored posts

Sponsored post

How Eduqas GCSE English Language is turning the page on ‘I’m never going to pass’

“A lot of learners come to us thinking ‘I’m rubbish at English, and I’m never going to pass’,” says...

Advertorial
Sponsored post

Fragmentation in FE: tackling the problem of disjointed tech, with OneAdvanced Education

Further education has always been a place where people make complexity work through dedication and ingenuity. Colleges and apprenticeship...

Advertorial
Sponsored post

Teaching leadership early: the missing piece in youth employability

Leaders in education and industry are ready to play their part in tackling the UK’s alarming levels of youth...

Advertorial
Sponsored post

Bett UK 2026: Learning without limits

Education is humanity’s greatest promise and our most urgent mission.

Tyler Palmer

More from this theme

Ofqual

Ofqual boss quizzed on resit ‘treadmill’, V Levels, AI anxiety and new rebuke powers

Sir Ian Bauckham was questioned by MPs this morning

Anviksha Patel
Ofqual

Ofqual to publicly ‘rebuke’ rule-breaking awarding bodies

The regulator says the new punishment will help it take a more 'agile' approach

Josh Mellor
Ofqual

New ‘honesty’ rules for awarding organisations kick in from December

Awarding organisations required to act with honesty and integrity or face fines

Anviksha Patel
Ofqual

Awarding body fined £15k for ‘serious’ conflict of interest failures

The company shared an office and staff with one of its test centres

Josh Mellor

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *