Ofqual Seeks Views on Improvements to Supporting Compliance for AOs

Changes to improve the way Ofqual both supports compliance and takes regulatory action were put out for consultation today.  

The changes are designed both to support awarding organisations and ensure that enforcement action, when it is needed, is proportionate and fair, to maintain the standards of qualifications that students and the public rely on.

The updated approach introduces proposals to better explain the way in which the regulator uses its powers. It also proposes revised and more efficient processes for dealing with regulatory breaches and a new sanction.

Proposals include:  

• a streamlined process for settling simple cases quickly, where organisations agree they have breached Ofqual’s conditions  
• a new sanction of a public rebuke from the regulator in cases where it’s right that a failure to follow regulatory rules be addressed formally and publicly, but where a fine may not be proportionate

Where cases are not contested, it is proposed that the chief regulator will have the power to decide that a final decision can be made by a single decision-maker.

Deputy Chief Regulator Michael Hanton said:  

“The 11 million certificates awarded for regulated qualifications in England each year are intrinsic to our education system, the economy, and wider society. Ofqual’s job is to be the guardian of standards and quality in those qualifications.

“Like all regulators, we want those we regulate to comply with our rules, so that standards are maintained. These proposals are intended to bring clarity about how we will both support compliance and also take action when necessary.” 

The updated policy, ‘Supporting Compliance and Taking Regulatory Action’, will include a new section explaining the ways Ofqual can support awarding organisations to meet its requirements and avoid the need for formal enforcement action.

Previous work on updating the policy was interrupted by the pandemic from 2020.  

The consultation was launched today, Thursday, 20 February 2025, and will end on Tuesday, 15 May 2025, at 11:45pm.

Sector Reaction

Rob Nitsch, CEO of FAB commented:

“Any adjustment to Ofqual’s regulatory framework is important and of great significance to Awarding Bodies that operate in England. It is helpful that Ofqual are conducting a full consultation. This will ensure that there is considered input from the sector and allows members to contingency plan for implementation; policy surprises undermine confidence and harm learners. FAB will be working with its members to respond to the consultation and will publish its response once prepared.”

The consultation and further details are here.