Corporate report

Ofqual Business Impact Target 2021 to 2022

Published 22 December 2022

Applies to England

Each heading in this document lists a category of exclusion followed by a summary of measures. See detailed guidance on the exclusion categories for further information.

Regulator

Ofqual (Office of Qualifications and Examinations Regulation)

Business impact target reporting period covered

17 Dec 2021 to 16 Dec 2022

Measures certified as being below de minimis (measures with an equivalent annual net direct cost to business below plus or minus £5 million)

Following consultations, Ofqual introduced the following regulatory provisions:

• guidance on designing and developing accessible assessments
• revised GCSE qualifications in French, German and Spanish
• new regulatory provision for digital functional skills qualifications
• regulating alternative academic and alternative technical qualifications at level 3
• ensuring the resilience of the qualifications system in 2023: GCSE, AS, A level, Project and AEA joint consultation with DfE
• proposed changes to the assessment of mathematics, physics, and combined science GCSEs in 2023
• proposed changes to the assessment of modern foreign language GCSEs from 2023

Ofqual amended the following regulatory provisions:

• qualification-level conditions for General Certificate of Education (GCE), GCSE, Advanced Extension Award and Project
• terms of reference for exam procedure reviews

Ofqual made changes to the regulatory provisions relating to 2021 qualification delivery:

• Ofqual ceased the General Qualifications Alternative Awarding Framework for almost all purposes, except in specific circumstances relating to individual learners
• Ofqual retained the Vocational and Technical Qualifications Contingency Regulatory Framework provisions relating to category A qualifications, in a non-compulsory manner
• from academic year 2022 to 2023, vocational and technical qualification awarding organisations are not expected or required to follow the Vocational and Technical Qualifications Contingency Regulatory Framework, however the option is there to allow flexibility as needed for awarding organisations

EU Regulations, Decisions and Directives and other international obligations, including the implementation of the EU Withdrawal Bill and EU Withdrawal Agreement

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Measures certified as concerning EU Withdrawal Bill operability measures

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Pro-competition

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Systemic financial risk

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Civil emergencies

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Fines and penalties

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Misuse of drugs

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Measures certified as relating to the safety of tenants, residents and occupants in response to the Grenfell tragedy

Following consideration of the exclusion category there are no measures for the reporting period that qualify for the exclusion.

Casework

Ofqual undertook the following enforcement activity:

• one undertaking with one awarding organisation to secure compliance with the Conditions of Recognition
• two notices of intention to impose a monetary penalty on one awarding organisation for £1,200,000 and £150,000
• 25 special conditions imposed on 21 awarding organisations (16 of these were imposed at recognition and one was an entry and inspection condition)
• two notices of monetary penalty imposed on one awarding organisation for £1,200,000 and £150,000
• two notices of costs recovery imposed on one awarding organisation for £25,452.20 and £6,261.68

Ofqual undertook the following audit and investigation activity:

• 61 compliance activities with awarding organisations
• 4 investigations into four awarding organisations, including 1 use of Ofqual’s entry and inspection power
• 1 audit activity with an awarding organisation

Ofqual undertook 159 statement of compliance reviews to assess awarding organisations compliance with the General Conditions of Recognition.

Education, communications and promotion

Ofqual communicates regularly with awarding organisations to keep them informed about existing and proposed regulatory requirements. Communication and education events arranged by Ofqual are optional for awarding organisations to attend.

Activity related to policy development

Ofqual undertook the following activity relating to policy development:

• policy and technical consultation for level 2 qualifications
• end-point assessment qualification level guidance

Changes to management of regulator

Ian Bauckham CBE began a 3-year position as permanent Chair of Ofqual in January 2022.