Ofqual launches consultation into how it should use its new powers
Monday, 09 January 2012 09:13
Following the passing of the Education Act 2011, we are today (Monday 9th January 2012) launching a public consultation regarding how we should use our additional powers, including the power to fine exam boards. These powers will make us a stronger regulator, and in particular make it easier for us to secure standards. The consultation will cover the arrangements we propose to put in place to use these new powers.
The Act amends the Apprenticeships, Skills, Children and Learning Act 2009 to change Ofqual’s monitoring and enforcement functions. This consultation, which is open to everyone, covers the changes we propose to make to our existing Taking Regulatory Action policy.
The Education Act makes three main changes to our powers. Firstly, it removes the limitations on our powers to direct an awarding organisation or to withdraw the recognition from an awarding organisation. Currently, before we can exercise these powers, we have to show how the action the awarding organisation is taking ‘prejudices’ standards or learners. This will no longer be necessary under the proposals.
Secondly, it gives us a new power to recover the costs of our action carried out as part of our statutory enforcement activities.
Finally, it allows us to fine an awarding organisation that has breached its conditions of recognition. The power to fine is in line with those granted to most regulators and is capped at a maximum of 10 per cent of the organisation’s turnover. As we are inviting comment on only those parts of Taking Regulatory Action, version 2 that are new or have been substantively revised from the first version, we are seeking views on sections 1, 5, 6, 7 and 8. We are not consulting on changes to the other sections of the document at this time.
Notes to editors
Read and respond to the consultation at http://comment.ofqual.gov.uk/taking-regulatory-action/.
The Act provides for secondary legislation to set out how an awarding organisation’s turnover is calculated (to determine the cap on fines of 10 per cent of turnover which is specified the legislation). The Department for Education (DfE) is leading on introducing this secondary legislation. The DfE started a consultation on its proposals in December and details of it are available here: www.education.gov.uk/consultations. The DfE’s consultation is separate from this one, and any views on this matter should be expressed to them.
We are liaising with the Department for Education and Skills (DfES), the regulator in Wales, on the development of our policy and procedures, since similar powers have also been given to Welsh Ministers for the regulation of qualifications in Wales. DfES is conducting a separate consultation on the use of its new powers, which covers fining arrangements only. This consultation is available at: http://wales.gov.uk/consultations/education/?lang=en. We will attempt to align our policies, as appropriate, as part of our response to the outcomes of our consultations.
