Notice

Notice of costs recovery: Pearson, Reviews of Marking

Published 13 December 2022

Applies to England

© Crown copyright 2022

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In respect of Pearson’s reviews of marking in 2016, 2017, 2018 and 2019

In accordance with its powers under Section 152A(1) of the Apprenticeships, Skills, Children and Learning Act 2009 (“the Act”), and pursuant to its obligations under Section 152A(4) of the Act, the Office of Qualifications and Examinations Regulation (“Ofqual”) gives notice that, having imposed a Monetary Penalty on Pearson Education Limited (“Pearson”), it has decided to require Pearson to pay Ofqual’s costs in relation to imposing that penalty in the sum of £25,452.20 (“the Costs”).

Summary

1. Ofqual may require a recognised body (an awarding organisation) on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing that sanction.

2. Pearson is an awarding organisation recognised by Ofqual. On 29 November 2022, Ofqual imposed a sanction on Pearson as defined under Section 152A(2) of the Act, in relation to its reviews of marking arrangements in 2016, 2017, 2018 and 2019.

Decision

3. Ofqual’s Enforcement Committee has considered the costs incurred by Ofqual in relation to impose a Monetary Penalty on Pearson and has decided that Pearson should be required to pay the Costs of £25,452.20.

Payment

4. Pearson must pay the Costs within 28 days of the date of this Notice, in accordance with the Payment Instructions provided with this Notice.

5. In the event of non-payment, interest may be charged and the outstanding amount may be recovered as a debt, in accordance with section 152C of the Act.

Appeals

6. Pearson may appeal to the First Tier Tribunal in respect of Ofqual’s decision to require it to pay the Costs and / or in respect of the amount of the Costs, in accordance with section 152B of the Act.

  1. 7. An appeal may be made on the grounds that:

    1. a) The decision was based on an error of fact;
    2. b) The decision was wrong in law;
    3. c) The decision was unreasonable.

8. Any appeal must be made within 28 days of the date of this Notice. Further information is available from HM Courts and Tribunals Service.

Name: Susan Barratt

Chair of the Enforcement Committee

Date: 29 November 2022

Enforcement Committee:

Susan Barratt (Chair)

Mike Thompson

Matt Tee

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