6.1Under the new arrangements qualifications, examinations and assessments will be regulated by a body (Ofqual) that is independent of Ministers and not responsible for specifying the content of qualifications. Regulation has previously been undertaken by a non departmental public body (QCA) which reported to Ministers. The new arrangements provide for an independent regulator to protect the interests of learners, secure standards and promote confidence in those standards.
6.2Qualifications that are offered by organisations that also teach and train learners can now be regulated. Regulation was previously limited to ‘external’ qualifications awarded or authenticated by an organisation other than the organisation providing the training for the qualification. Under the new arrangements a wider range of regulated qualifications should be available to learners.
6.3The focus of regulation will be on the awarding organisation, rather than the qualification. An awarding organisation must satisfy the regulator that it is fit to control the quality and standards of its qualifications. Awarding organisations which are recognised by Ofqual as meeting the regulatory requirements should be able to be trusted to assure the quality and standards of their qualifications and enter them into the regulated system. However, Ofqual may impose an ‘accreditation requirement’ that means that a particular qualification or description of qualifications will have to be accredited by Ofqual before they can be part of the regulated system. This more strategic organisation-focused approach to regulation should enable awarding organisations to be more responsive to learners’ and employers’ needs and to opportunities for innovation. It will allow regulatory resources to be targeted at areas of highest risk and in the interests of learners.
6.4Where Ofqual makes a qualification subject to an accreditation requirement we will set out criteria that must be met by an accredited qualification and will judge whether a specification for a form of that qualification submitted by an awarding organisation meets those criteria. That is similar to what happens now. However, in the past, a qualification that did not meet all of the requirements when it was put forward for accreditation could be accredited with conditions, allowing an awarding organisation more time to address any problems that the regulator had identified. The Act requires that the accreditation criteria must be met in full, and does not provide for accreditation conditions.
6.5Ofqual will be able to regulate all qualifications (other than degrees) in England and all vocational qualifications (except degrees) in Northern Ireland. Currently, qualifications in Northern Ireland, other than National Vocational Qualifications (NVQs), are regulated by the Council for the Curriculum, Examinations and Assessment (CCEA).
6.6Ofqual will keep under review all aspects of statutory national curriculum and EYFS assessments in England. We will have to report report any significant failings to the Secretary of State and to any responsible body involved. Ofqual will have the power to require the provision of information relevant to its duty to review from the Secretary of State or responsible bodies. In the past only end-of-stage national curriculum tests have been regulated and then only on a non-statutory basis by QCA. The new approach will ensure there is independent oversight of all aspects of the statutory assessment arrangements and that any significant shortcomings are reported.
6.7The qualifications market will be reviewed with the aim of securing the efficiency of the qualifications market and value for money from awarding organisations in respect of their regulated qualifications. Ofqual will have a power to cap the fees charged by an awarding organisation, but only if we are satisfied that this is necessary to secure value for money. A fee capping power has existed in the past, although it has not been used. The wider efficiency and value for money provisions are new. The arrangements should lead to greater transparency about the operation of the market.
6.8There is a new explicit statutory objective to promote public confidence in regulated qualifications and assessments.
6.9There is a new explicit statutory objective to promote public awareness and understanding of the range and benefits of regulated qualifications.
6.10The duties and powers of the regulator are explicitly detailed in legislation, for example concerning withdrawing recognition from an awarding organisation. Previous legislation has been less detailed. Regulation of awarding organisations will take place within a more clearly defined legislative and regulatory framework.
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