Scotland’s exams regulator has escaped with a slap on the wrist after failing to properly investigate “malpractice” around a building site skills card qualification.
In 2020, the Scottish Qualifications Authority (SQA) investigated seven training providers in England over qualifications awarded from 2017 to 2019, FE Week learned this week.
It subsequently revoked around 50 certificates for level-1 health and safety in a construction environment but then failed to “promptly” raise the alarm about “adverse” issues, English regulator Ofqual said.
The SQA holds a unique position as both a qualification regulator in Scotland and an awarding body competing with other organisations both in Scotland and England.
Ofqual said the SQA failed to probe malpractice “rigorously and effectively,” did not retain data as required, and allowed resit assessments that were not “fit for purpose” at assessment centres it was the awarding body for.
The now-withdrawn qualifications were essential for obtaining Construction Skills Certification Scheme (CSCS) cards, which are a long-running fraud risk due to skills shortages in the building trade.
According to an Ofqual notice, which revealed limited details of its investigation for the first time this week, the SQA admitted failings in June 2022 and submitted an action plan for ensuring it was compliant with “conditions of recognition” awarding bodies agree to.
Ofqual declined to explain exactly what concerns it had about the SQA investigations or what malpractice took place.
However, it said a public notice about concerns with SQA qualifications was delayed last year when “additional issues” emerged with the design and delivery of resits in the health and safety course.
CSCS told FE Week it was notified of Ofqual’s undertaking and reached out to the SQA to “establish if CSCS cards are related to this case.”
“If cards were issued, they will be cancelled,” its spokesperson added.
Despite the “serious issues identified,” Ofqual said it would not fine the SQA because the qualification was dropped in 2019 and any penalty would “not impact shareholders or individual directors” but would come from public funds and hit the budget for the provision of services to learners.
Ofqual decided this was an “exceptional case.”
External auditors will now carry out a “third-party verification audit” of the SQA’s action plan, submitted in April 2023, to “validate” whether it was implemented and effective.
“Ofqual will keep SQA’s progress under review and may take further action if SQA does not follow through on its commitments,” Ofqual added.
The SQA awarded 8,680 certificates in England in the year to September, and at its peak in 2019 awarded about 13,000 certificates.
From 2014 to 2019, when SQA ceased awarding the health and safety certificate, 16,235 certificates were issued (12,905 between 2017 and 2019).
More than 500 SQA qualifications are delivered in England.
A spokesperson for the Scottish government, which is ultimately responsible for the SQA, said: “We expect all public bodies to comply with their obligations and the Ofqual findings must be fully addressed.”
“As a non-departmental public body this is a matter for SQA to take forward.”
“We note that SQA has provided an action plan to address the issues raised by Ofqual and that this plan will be independently audited.”
“The Scottish government will be monitoring progress closely.”
The SQA said: “‘This is a legacy issue dating back to 2017.”
“The issue was addressed when it came to light at the time, and we have worked with Ofqual in the intervening period.”
It confirmed no criminal allegations were made in relation to its investigations.
Following controversies over its handling of school exams during the pandemic and this summer, the Scottish government has published plans to replace the SQA with Qualifications Scotland, a body that will have the same responsibilities but should “better align” with the views and needs of stakeholders.
Scottish Conservative shadow cabinet secretary for education and skills Miles Briggs said: “This is yet another example of the SQA’s failings and a damning indictment of the SNP’s unforgivable delay in delivering reform.”
“SNP ministers must now act to get Scotland’s qualifications authority fit for purpose and restore standards, and not merely try to palm off schools and colleges with some cosmetic rebrand.”
Your thoughts