Background to this consultation

2.1We are seeking views on how we should meet our objectives and duties and exercise our powers as the independent regulator of qualifications, examinations and assessments.

Context

2.2The Apprenticeship, Skills, Children and Learning Act 2009 (the Act), which establishes Ofqual, sets out the legal framework within which we must work. We will be a non-ministerial government department, independent of Ministers and accountable to Parliament and the Northern Ireland Assembly.

2.3Our aim is to regulate so that qualifications, examinations and assessments are valued and trusted by learners, users and the wider public. We must have particular regard to the needs of learners, employers and higher education and to the efficiency of the qualifications market.

2.4We will set out clearly how we will work. The purpose of this consultation is to seek views from a wide range of people and organisations who are interested in what we do or who might be affected by our approach to regulation. We will take these views into account as we develop our ways of working.

Background

2.5The proposal to create an independent regulator of qualifications, examinations and assessments in England was announced by the Government in 2007. The proposal reflected a view that a regulatory body that was independent – both of Ministers and of the agency responsible for specifying qualifications – would best be able to command public trust as a source of truly independent assurances of the quality and standard of qualifications and assessments. The Government consulted on the proposal in 2007.2

2.6There was a separate consultation in 2008 in Northern Ireland on the proposal that the new organisation should regulate vocational qualifications in Northern Ireland.3

2.7There was general support for the creation of an independent regulator. Since April 2008, and pending legislation, Ofqual has operated as a distinct part of the Qualifications and Curriculum Authority (QCA), exercising QCA’s regulatory functions conferred by the Education Act 1997, as amended.

2.8The Act will establish Ofqual and rename the QCA as the Qualifications and Curriculum Development Agency (QCDA). The QCDA’s role will be to develop the curriculum in England, improve and deliver assessments and review and reform qualifications, its previous regulatory functions having moved to Ofqual. QCDA will not operate in Northern Ireland, where these roles will be carried out by the Council for the Curriculum, Examinations and Assessments (CCEA), and, in due course, by the Education and Skills Authority.

This consultation

2.9We are seeking views about the way we should regulate. If you have an interest in qualifications, assessments and tests we will be interested to know your views on their regulation. You can respond using an online questionnaire on our website www.ofqual.gov.uk/consultation. If you prefer, you can send your comments to us by post or email to:

Regulatory Policy Team, Spring Place, Coventry Business Park, Herald Avenue, Coventry, CV5 6UB.
consultationresponses@ofqual.gov.uk

2.10We will follow the principles of good consultation whenever we undertake public consultation.4 Responses to this consultation will be analysed by an independent body and we will publish a report on the responses. However policy decisions will be taken by Ofqual, in light of the responses received and following the appointment of the Board and vesting in April 2010.

2.11This paper describes at a high level how we propose to regulate under the new Act. We want to move to the new style of regulation as quickly as we can. Informed by comments we receive, we shall develop more detailed proposals for various processes, criteria and regulatory frameworks that we are required to put in place. Where necessary we will consult further on aspects of the proposals after 1 April 2010.

2.12In due course we will consult on the responsibilities which will be conferred on Ofqual by the Equality Bill that is currently being considered by Parliament.

  1. Confidence in standards – Regulating and developing qualifications and assessment (2007, DCSF, DIUS) [↩]
  2. New regulatory arrangements for vocational qualifications in Northern Ireland, DELNI [↩]
  3. Code of Practice on Consultation, Department for Business Innovations and Skills [↩]

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