Exam boards could be called out for being “dishonest” or criticising their competitors under new enforceable rules proposed by the qualifications regulator.
Ofqual will add new so-called “principle conditions” to its 100+ page rulebook for awarding organisations, subject to a consultation launched today.
Six principles, one of which requires boards to “act with honesty and integrity”, will be added to the general conditions of recognition (GCR). The regulator claimed they would help boards make decisions in “new, unexpected or novel situations”.
The principles also include ensuring qualifications “are fit for purpose”, and “where possible, promote public confidence in qualifications”.
Ofqual’s GCR is its rulebook for exam boards. It regulates who can run them, 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 a board’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 Pearson and NCFE.
The regulator admitted its expectations on exam boards had not changed, but stressed the new rules will help them 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 acknowledged exam boards will face “some additional burden” from the new principle conditions. Ofqual believes this is “justified”.
“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.”
Rob Nitsch, chief executive of the Federation of Awarding Bodies, said: “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 the principles are agreed, exam boards will be issued statutory guidance which will set out examples of incidents that constitute a breach.
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, or negative advertising campaigns against competitor qualifications, could see boards in breach of principle 4, to “maintain, and where possible, promote public confidence in qualifications”.
Ofqual’s existing rules already require exam boards to make sure qualifications are fit for purpose.
A new condition, and guidance, is now proposed as one of the six principles which states: “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.
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
