Transparency data

Board minutes: 13 December 2023

Updated 31 July 2024

Applies to England

This document has been subject to redactions

Date

Wednesday 13 December 2023                                                                                                 

Time and venue

9:00am in Room 9013 and via TEAMS

Attendees

Board

Sir Ian Bauckham CBE, Chair

Susan Barratt

Hardip Begol CBE

Mark Farrar

Cindy Leslie

Dr Catherine McClellan

Eileen Milner

Chris Paterson

Dr Jo Saxton, Chief Regulator

Matt Tee                                           

Frances Wadsworth CBE

Ofqual

David Bowden, Executive Director, Finance and Operations

Daniel Gutteridge, General Counsel

Michael Hanton, Deputy Chief Regulator

Catherine Large OBE , Executive Director, Vocational and Technical Qualifications

Dr Ian Stockford, Executive Director of Standards, Research and Analysis

Amanda Swann, Executive Director, General Qualifications

Matt Trimmer, Executive Director, Strategy

Also Present

Stewart Abbott, Acting Associate Director of Legal Moderation and Enforcement (Item 35/23)

Phil Carr, Director of Policy and Evaluation for VTQ (Item 36/23)

Matthew Humphrey, Director of Legal Moderation and Enforcement (Item 35/23)

Brin Linsell, Associate Director, Vocational and Technical Qualifications Strategic Programmes (Item 37/23)

Laura Moores, Associate Director, Strategy (Item 34/23)

Board Secretary

Senior Manager, VTQ Policy (Item 36/23)

Lydia Waine, Director of Legal Affairs and Governance

Mary Webb, Head of Private Office

Private Secretary

28/23 Welcome and apologies for absence

The Chair welcomed everyone to the meeting. The process for the appointment of the Interim Chair was outlined for the Board.

An apology for absence was received from Clare Pelham.

29/23 Declarations of Interest

Hardip Begol advised that, from 1 January 2024, he would be a member of the Oak National Academy Board of Trustees.

30/23 Minutes and matters arising

i. Approval of Minutes

The Minutes of the Board meeting held on 11 October 2023 were approved.

ii. Matters arising from previous Board meetings

One matter remains open:

• In relation to matter 10/23, this will be kept open as an aide memoire to be brought to a future Board meeting.

The item referred to in 44/22 has now been included on the agenda for the Strategy Day to be held on 24 January 2024 so the Board agreed this matter will now be closed.

All other matters arising have been closed.

iii. Reports and recommendations from Board committees

The Chair of the People, Resources and Finance Committee gave a brief verbal update to the Board on the most recent meeting.

It was agreed the verbal report from the Chair of the Audit and Risk Assurance Committee should be included in item 34/23.

iv. Minutes from Board Committee meetings

The Minutes from all previous Board Committee meetings that had taken place since the last Board meeting were received and noted.

31/23 Decisions taken by electronic business

No decisions had been taken by electronic business since the previous Board meeting.

32/23 Chief Regulator’s report

The Board received an update from the Chief Regulator.

The Board was updated on several reports that Ofqual had published or was due to publish in December.

The Board was pleased to note the headline results of the 2023 Civil Service People Survey. Ofqual’s engagement score had increased by a further percentage point on 2022. This was in the context of a decline in the overall Civil Service Benchmark. More detailed results would be shared in due course. 

The Board was advised that DfE’s consultation on the design and implementation of the Advanced British Standard (ABS) was due to be published the following day. Ofqual will submit a formal response to this as the independent, expert regulator. The Board encouraged a clear response which drew fully on Ofqual’s expertise and experience in assessment and qualifications reform.

Ian Stockford left the meeting at 10:12

The Board was advised that the apprenticeship end point assessment transition programme has been formally closed and language relating to external quality assurance had been retired. The Department for Education (DfE) and IfATE had responded positively.

The Board was briefed on the situation with QFI and noted a proposed withdrawal plan has now been submitted to Ofqual. This will be a managed withdrawal running through the early months of 2024 and Ofqual will monitor the situation to ensure apprentices are protected.

It was reported that 3 out of the 4 exam boards had announced plans to move the assessment for qualifications, or components of them, onscreen. Ofqual colleagues explained the requirements on the exam boards to submit their proposals for scrutiny and the evaluation that Ofqual would undertake. The board requested an update at the next board meeting. 

ACTION: MTr

33/23 Finance Update

The Board noted the period 6 financial statement which shows a forecast full year resource expenditure overspend of £144,000 which is a decrease from the nil overspend position reported in August 2023.  

The Executive Director, Finance and Operations gave a verbal update on Period 8 and advised that revenue is on track but there is still a capital overspend. This issue is being addressed.

34/23 Strategic Risk and Risk Tolerance

The Board was advised that there had been several changes to the risk register since it was last presented. The Audit and Risk Assurance Committee (ARAC) had endorsed these changes.  

RESOLVED

The Board noted the changes in the Strategic Risk Register.

The Board was advised that Ofqual had undertaken its annual review of risk tolerance.

RESOLVED

The Board endorsed the risk tolerance for each strategic risk.

Ian Stockford returned to the meeting at 10:51

35/23 Updating the Taking Regulatory Action policy and development of Ofqual’s Enforcement Strategy

The Board was updated on proposed changes to the Taking Regulatory Action (TRA) policy. Proposals for the development of an overarching enforcement strategy were set out together with suggested governance changes to support that work. 

It was agreed that the Legal Moderation and Enforcement team would consider how the Enforcement Committee might more closely align with other Board committees and that the Terms of Reference would be considered by the Enforcement Committee and Enforcement Panel in due course.

ACTION: MHu

Eileen Milner apologised and left the meeting at 11:59

RESOLVED

1. 1. The Board agreed that:

   1. a) The revised TRA policy should not include information (previously proposed) about:

      1. i. Removing redundant qualifications from the Register

      2. ii. Fixed Penalties

   2. b) The revised TRA policy should include:

      1. i. Information about Ofqual’s ability to prevent an AO issuing results

      2. ii. Information which distinguishes the withdrawal of part of an AO’s recognition from the withdrawal of recognition entirely

   3. c) There should be public consultation on the proposed wording of the revised policy.

   4. d) Decisions as to the wording of and arrangements for the consultation, including the wording of the draft TRA policy for consultation, are delegated to the Chief Regulator in consultation with the Chair.

2. 2. The Board agreed that:

   1. a) The Governance Framework and the Terms of Reference for the Enforcement Committee should be amended to provide for:

      1. i. The Enforcement Committee to be a committee of the Board with oversight of the Enforcement Strategy

      2. ii. The Enforcement Committee to be able to authorise, and specify the circumstances in which, the Deputy Chief Regulator might exercise the monetary penalty (and costs) powers

      3. iii. The creation of an Enforcement Panel as a separate committee of the Board which shall be convened for the purposes of determining individual cases

3. 3. The Board notes the current position in respect of the development of an overarching enforcement strategy.

36/23 Functional Skills Qualifications in English and maths: Ofqual’s evaluation findings

Due to time limitations, a webinar was held on this agenda item for Board Members on 9 January 2024. The Board was briefed on an evaluation Ofqual has conducted on the overall approach to assessment in reformed Functional Skills qualifications in English and maths prior to publication of the evaluation findings.

The Board noted this work.

RESOLVED

The Board noted the work that had been undertaken with regard to Functional Skills Qualifications in English and maths.

37/23 Memorandum of Understanding with The Institute for Apprenticeships and Technical Education (IfATE)

Due to time limitations, it was agreed this item would be dealt with by electronic business.

38/23 Publication of papers

The Board agreed to publish Open Papers.

39/23 Any other business

1. Board and Committee meeting dates for 2024 to 2025

The Board approved the proposed meeting dates for 2024 to 2025.

Next Board meeting:      

The next Board meeting will be held in Coventry on Wednesday 13 March 2024.

The meeting ended at 12:03pm