Section 96 of the Equality Act 2010 gives a new power to qualifications regulators in relation to general qualifications. It provides for the appropriate regulator – the Office of Qualifications and Examinations Regulation (Ofqual) in England, the Scottish Qualifications Authority (SQA) in Scotland, and the Department for Children, Education, Lifelong Learning and Skills (DCELLS) in Wales ¹ – to make specifications about where reasonable adjustments to general qualifications should not be made. In making such specifications, the regulator is required to have regard to the need to minimise disadvantage to disabled candidates; to secure that qualifications provide a reliable indication of knowledge, skills and understanding; and to maintain public confidence in qualifications.

As well as providing a new power to the qualifications regulator, section 96 of the Equality Act 2010 also details the existing legal duty on awarding organisations to make reasonable adjustments for disabled candidates.

This consultation document sets out how we propose to exercise our new powers under section 96 and seeks views on specific proposals. The proposals in Part 4 cover a number of key areas, and are largely in line with existing practice:

• Limitations on the use of exemptions:
  • their use as a reasonable adjustment of last resort
  • the maximum percentage of a qualification that can be exempted
  • their use in relation to whole components only.
• That pass marks and grade boundaries should not be adjusted for disabled candidates.
• Use of specific interventions (including limitations where an intervention may impact on assessment objectives):
  • human readers in assessments of reading ability
  • scribes and their technological equivalent in assessments of writing ability
  • British Sign Language in assessments of English and Foreign Language speaking and listening ability
  • practical assistants in assessments of physical ability
  • oral language modifiers.

Following each specific proposal there are a number of questions designed to elicit views on the proposal. There are also questions to find out whether there are suggestions concerning additional specifications that could be made under section 96. Details about how to respond to this consultation are provided in Part 6.2 ²

1. Northern Ireland is not covered by section 96. Where appropriate, the regulators in the different jurisdictions are aiming to work to common principles in the exercise of powers under section 96.
2. Section 96 provides qualifications regulators with a limited power. As part of our wider regulatory functions, we can ask awarding organisations to comply with regulatory conditions. We are currently reviewing our regulatory framework and have published major consultations in relation to this. The consultation document, From Transition to Transformation, sets out proposals on conditions of recognition that aim to embed equality within our regulatory function: http://comment.ofqual.gov.uk/from-transition-to-transformation/