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.
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