1.29It is in an awarding organisation's own interests to act reasonably and sensibly. It otherwise risks damaging its reputation and, therefore, its success. However, if an awarding organisation does not act in this way we will have the power to act robustly to protect learners and maintain confidence in the system.
1.30We must put in place a ‘qualifications regulatory framework’. This framework will describe how we will monitor awarding organisations, give them guidance on their compliance with conditions and with regard to specific qualifications and set out what we will do when we find that an awarding organisation is not complying with its conditions of recognition. We propose an approach to monitoring that is risk-based, targeted and proportionate. In this context we propose that we should develop a risk profile of each awarding organisation. In the interests of transparency we propose that an awarding organisation should know the level of risk that we believe it presents to learners, to standards and to public confidence.
1.31We propose that we should make use of a range of tools and techniques to monitor an awarding organisation’s compliance with its recognition conditions. These include desk-based analysis of evidence of compliance, meetings with representatives of the awarding organisation, review of the effectiveness of an awarding organisation’s own quality assurance arrangements and scrutiny of samples of an awarding organisation’s qualifications.
1.32An awarding organisation will be expected to cooperate with our monitoring activities. This expectation is reflected in the draft recognition criteria and conditions. The Act will enable us to impose an entry and inspection condition on an awarding organisation, if this is necessary to enable us to be satisfied that standards are being maintained or to determine whether a fee-capping condition should be applied, and, if so, what the condition should be. We set out and seek views on our proposed approach to the exercise of this power.
1.33We will be able to impose sanctions on an awarding organisation when it is necessary to do so. The seriousness of the non compliance and the urgency with which it needs to be corrected will determine which sanction should be used.
1.34We propose that, where appropriate, an awarding organisation should be required to address an issue of non-compliance by a specific date. We would then check that it had done so. Under the Act we will be able to give a direction to an awarding organisation that has failed to comply with a condition and which results in prejudice to the proper award of a qualification or to learners. The direction may require an awarding organisation to take or refrain from taking specific steps to achieve compliance. Such a direction will be enforceable through the courts, if necessary.
1.35We will also be able to withdraw recognition from an awarding organisation, so that it is no longer able to offer some or all of its qualifications as regulated qualifications. The Act requires us to give notice to an awarding organisation if we intend to withdraw recognition. The awarding organisation will be able to make representations to us and, if we decide to withdraw recognition, request a review of that decision. We are seeking views on the procedures we should put in place to give notice, consider representations and to review decisions.
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