Transparency data

8 December 2021 board minutes

Updated 9 June 2022

Applies to England

Time and Venue

09:15 a.m. in Room 9013 and by Microsoft Teams

Date

Wednesday 08 December 2021

Attendees

Board

• Ian Bauckham, Interim Chair
• Delroy Beverley
• Hywel Jones
• Dr Catherine McClellan
• Dr Jo Saxton, Chief Regulator
• Matt Tee
• Mike Thompson
• Frances Wadsworth

Ofqual

• Dan Cooper-Gavin, Private Secretary to the Chief Regulator

• Daniel Gutteridge, Director of Legal

• Michael Hanton, Director of Strategy and Markets

• Cath Jadhav, Acting Executive Director, Standards & Research

• Catherine Large, Executive Director, Vocational & Technical Qualifications

• Jane Parsons, Director of Communications

• Sean Pearce, Chief Operating Officer

• Linda Samuel, Interim Board Secretary

• Julie Swan, Executive Director, General Qualifications

• Lydia Waine, Associate Director Legal Establishment

Present

• Phil Carr, Director of Policy & Evaluation for VTQ (Item 57/21), Senior Manager Standards (Item 54/21)
• Katy Harding Associate Director, Finance and Commercial (Item 56/21)
• Charlie Henning Associate Director People and Culture (Item 60/21), National Reference Test Senior Manager (Item 59/21)
• Janet Holloway Associate Director Standards for Design Development and Evaluation of General Qualifications(Item 54/21), Research Associate Standards & Comparability (Item 61/21), Research Fellow Standards & Comparability (Item 59/21), Senior Manager Strategy (Item 55/21)
• Paul Newton, Research Chair, Research & Evaluation (Item 61/21)
• Rachel Taylor, Associate Director Standards & Technical Issues (Item 59/21)

50/21 Welcome and Apologies for Absence

Board members were welcomed to the meeting.

Apologies were received from Lesley Davies and Dame Christine Ryan.

It was noted that Catherine McClellan would be absent from the meeting between 11:50 and 12:30.

51/21 Declarations of Interest

Susan Barratt advised there had been a change to her Declaration. This will be updated in the register.

Action LS

There were no other new declarations of interest.

52/22 Minutes and Matters Arising

It was noted that while the matter arising from the previous Board meeting on 22 September in relation to Item 45/21 had not been closed, the action was not due until the March Board meeting.

Action: SP/CH

With no further matters arising, the Minutes from the Board meeting held on 22 September 2021 were approved.

The reports and updates from Board committees were received and noted.

53/21 Decisions taken by Electronic Business

The Board noted and ratified the following decision taken by electronic business:

i. EPQ approach to winter awarding (approved 15 November 2021)

54/21 Chief Regulator’s Report

The Chief Regulator’s report was circulated to Board members before the meeting. The following was noted:

• The Board noted the autumn series of exams had been safely delivered
• The Chair recused himself for a discussion on the revised content for GCSE modern foreign languages (MFL) because he chaired the DfE’s underpinning subject content review. Revised subject content for GCSE MFL qualifications had been approved by DfE. Ofqual, therefore, is able to conclude the assessment arrangements that will sit alongside the content.
• Work is being done with existing and new stakeholders to strengthen student engagement.
• Work relating to T Levels is progressing according to plan.
• The EQA Transition Programme is continuing at pace. The ESFA has put back the deadline for organisations in the first phase to achieve recognition to May 2022. Extensive information is being given to organisations to help understand the recognition requirements. The Board noted and were fully supportive of Ofqual’s endeavours in this respect. The Board requested an item on apprenticeships at a future meeting to understand trends and implications for Ofqual and its work.

ACTION: CL

• Research on Teacher Assessed Grades is on track.
• It was noted that results of the 2021 National Reference Test would be published later this week.
• The Board discussed the use of digital technology in high-stakes assessments. The Board endorsed Ofqual undertaking activity in this area.
• Ofqual’s positive Spending Review Settlement was noted.
• A number of vacant roles have been filled since the last meeting, and the overall increase in headcount was also noted.
• The Board agreed that working committees (in other words, those not covered by the Governance Framework) with external members will be chaired by either an Ofqual Board member, or a member of the Ofqual executive where a Board member is unavailable.

RESOLVED

The Board resolved to approve the assessment arrangements, as consulted upon, for GCSE MFL qualifications and go out to a public technical consultation during the first part of 2022 on the regulatory framework that would give effect to the decisions. Any further consideration of these proposals will be carried out by electronic business.

55/21 Strategic Risk and Risk Appetite

The Board was presented with the Strategic Risk Register and asked to endorse the level of risk appetite for each strategic risk.

The Audit and Risk Assurance Committee had approved the register before presentation to the Board for their consideration. The Committee had also reviewed and given assurance to the approach to risk appetite.

RESOLVED

The Board endorsed the level of risk appetite proposed for the strategic risks.

56/21 Finance Update

The Board noted the Finance Report which provided the financial outturn for 2021/22.

The forecast outturn underspend at 30 September 2021 is £0.4 million, an increase of £0.2 million from the previous month’s forecast. It was noted that £400k has been released from the contingency fund which is now nearer £600k. There has been investment in some priority areas and discussions have taken place with the Treasury around the possibility of transferring some of this year’s budget to 2022 which will be a more challenging year.

The Board noted the outturn is well within the 2% aimed for.

The 2021 Spending Review had been considered by HM Treasury and a strong settlement had been secured. It was noted that permanent savings are no longer required to be returned.

57/21 Qualifications Review Consultation

The Board received an update on the Qualifications Review, following recent announcements by DfE. The Consultation on our approach to regulating Level 3 qualifications remains scheduled for publication early in 2022.

The Board was supportive of Ofqual considering a clearer identity for the Level 3 ‘academic’ qualifications that DfE seeks to continue funding alongside A levels and T Levels. Further to this it was noted that the Department will set out its aspirations and priorities for these qualifications. In the light of this, Ofqual will regulate to ensure there is a strong offer and academic focus and coherence for those in the market who currently take Applied General qualifications.

An overview of the Level 2 and below qualifications review was also given.

58/21 2022 Strategy

The Board considered the proposed strategic priorities for the next Corporate Plan. These were developed following the October Board strategy day. It was noted that, for the first time, there would not be standalone goals for VTQ and GQ for reasons of coherence. The approach and draft priorities were welcomed by the Board, which would formally review and approve them in the spring.

A refreshed, simplified summary of Ofqual’s strategic objectives was presented, intended to reflect the statute and increase clarity and public understanding of Ofqual’s remit.

RESOLVED

The Board endorsed the draft strategic priorities as proposed in the paper, including the updated summary of Ofqual’s statutory objectives. The Board asked that the Corporate Plan be drafted to reflect the rapidly changing landscape of the pandemic.

ACTION:MH

59/21 Future Approach of the National Reference Test (NRT)

The Board considered a paper concerning the NRT and its future delivery. The Board was advised the NRT 2024 cycle is the last to be covered by the current contract. If the NRT is operated from 2025 onwards this will need to go out to procurement. The Board was asked to consider whether NRT should continue.

The Board strongly endorsed continuing with the NRT given the longitudinal evidence it generates. The Board recognised the NRT is sector leading in global terms.

RESOLVED

The Board resolved to continue to operate the NRT beyond 2024 maintaining the current purpose.

60/21 Future Approach on EDI

Further to ongoing work in this area, including with the Board, recent themes, trends and plans were set out.

Dr McClellan left the meeting

The Board was advised that initiatives are not being set in isolation and strategy is being co-designed with colleagues; there is also engagement with other organisations to share and compare best practice.

The Board asked for a rationale on rotating the Executive lead role. It was advised that rotating the role every year/18 months allows for fresh thinking whilst allowing time for initiatives to be carried through. All Executive Directors would be involved with delivering the EDI strategy.

Following discussion, the Board recognised progress made and supported the direction of travel.

61/21 Public Sentiment Survey

The Board was presented with an analysis of the final results of the survey. All the data had now been collected with over 13,000 respondents across the four waves of the survey.

The Board welcomed the work and felt the survey helped to give an understanding of the sentiment of a range of key stakeholders.

Dr McClellan returned to the meeting

62/21 Communications Strategy in the Lead-Up to Summer 2022

The Board was asked to consider the communications plans over the coming months and was advised the paper circulated had been written before the current Omicron variant emerged. While supportive of the paper and plans, the Board asked that the need to be very flexible and adapt quickly was recognised. Ofqual officers present agreed, and noted their close work with DfE counterparts, exam boards (JCQ) and awarding organisations.

RESOLVED

The Board endorsed the direction of travel while encouraging an agile and flexible approach with the need to be able to respond swiftly to changing circumstances.

63/21 Publication of Papers

The Board agreed to publish Open Papers.

64/21 Any Other Business

i. Memorandum of Understanding

The Board noted the use of the urgency procedure to sign a new memorandum of understanding pertaining to the shared security adviser between Ofqual, Ofsted, Ofgem, The Office of Rail and Road, Ofwat and The Food Standards Agency.

ii. Board Leavers

The Chair advised the terms of office for Delroy Beverley and Lesley Davies were ending on 31 December 2021 and this would, thereby, be their last meeting. The Chair thanked both warmly for their contribution to the Board and Ofqual’s work.

The meeting ended at 12:57p.m.