Procedure for exercise of an entry and inspection condition
Section 4: Entry and inspection, Taking Regulatory Action: Version 2 - For Consultation Back
Notice
Where we require information, we will give an awarding organisation reasonable notice and, where possible, details of the information required.
The method of delivery of the notice will be determined by the urgency of the visit. The notice will set out the reasons for entry. If entry is required specifically in order to access computer systems, we will endeavour to give notice of the need to provide suitably trained personnel to enable us to access records.
Authorised persons
Entry to an awarding organisation‟s premises must be by an authorised person. An “authorised person” is defined as being a member of our staff who is authorised (generally or specifically) for this purpose.
We will maintain a record of all staff who are authorised to enter awarding organisations‟ premises. Authorisation will normally be restricted to staff who are routinely engaged in regulatory or complaint investigation activities. All staff visiting an awarding organisation will have information on the purpose of the visit. The awarding organisation can contact us for confirmation that the members of staff are authorised by us to enter premises under an entry and inspection condition.
Reasonable notice
The amount of notice given to an awarding organisation of our intention to seek entry to inspect depends on the reasons why we wish to enter and inspect.
When giving an awarding organisation reasonable notice that we wish to enter its premises, we have to balance the interests of the awarding organisation against the need to preserve the integrity of the information/evidence being sought and the urgency of any subsequent action that may need to be taken.
This will be particularly important in cases where we may have grounds to believe that there is a significant risk that an awarding organisation will remove, amend or destroy the information/documentation which we may wish to inspect and copy.
We would normally ensure that the awarding organisation is given a minimum of two working days‟ notice of the arrangements for the visit, but this may need to be reduced if there is an urgent need to access information in order to ensure that the maintenance of standards or public confidence in the qualification arrangements.
In instances where we need to enter premises urgently, for example in response to allegations of serious malpractice, we may need to give as little as one hour‟s notice.
Reasonable hours
We would normally expect to be permitted to have access whenever an awarding organisation is conducting its business. We would expect to have access during office hours, but would also expect access to be permissible when an awarding organisation is holding meetings or undertaking other activities later in the day or at the weekend.
Access to other premises
Where an entry and inspection condition exists, we will expect to have access to any premises where an awarding organisation conducts its business, but not to a private dwelling. In the event that we are unable to access premises because the awarding organisation is operating out of a private dwelling we will consider whether we should use other regulatory actions available to us.
Where the information/documentation which we require is held by a centre or a third party contracted by the awarding organisation to support the delivery of qualifications, we would expect the awarding organisation to co-operate and obtain the necessary information/documentation from these parties.
To enable us to carry out our normal monitoring and enforcement functions, an awarding organisation will need to ensure that each centre agrees to provide both it and us with access to premises, people and records, and to co-operate with the awarding organisation‟s own review and quality assurance activities and ours. This is covered by a general recognition condition.
