Transparency data

Chief Regulator's Report: 13 December 2023

Updated 31 July 2024

Applies to England

Date

13 December 2023

Title

Chief Regulator’s report

Report by

Dr Jo Saxton, Chief Regulator

Paper for information and discussion

Recommendations

The Board is asked to note the matters reported.

Overview

1. This is my last report to the Board as Chief Regulator. It has been a privilege to work with you, the Ofqual Board, and I thank you for your support and the expertise you have shared with me during my tenure. I know I am leaving the organisation in safe hands under the leadership of Sir Ian as Interim Chief Regulator from January 2024, supported by our capable Deputy Chief Regulator, Michael Hanton, and the executive team.

2. In December we are publishing 4 key reports. The so-called ‘summer’ report which will report on AOs’ delivery of GQs and VTQs in summer 2023, including paper dispatch, marking, grading and post results services. For the first time the reporting is integrated; a further signal of parity of treatment. Second, an equalities analysis which shows how attainment gaps for students with different protected characteristics and socio-economic status vary over time. As in previous years, this analysis focuses on GCSE, A level, and those vocational and technical qualifications that are taken alongside or instead of them in schools and colleges.

3. By the time of the meeting we will have also published the study on the carbon footprint of a GCSE, and a report which we commissioned from RBU (now ImpactEd) to consider long term steps to secure parity of treatment for students taking different types of qualifications. Together these publications bring to a conclusion much of the strategy and work of my term as Chief Regulator.

4. Recruitment to fill the final key vacant leadership post is progressing, with only one direct report to the Chief Regulator still to be appointed. Amanda Swann took up post as Executive Director for GQs in October. Recruitment for an Executive Director for Standards, Research and Analysis is ongoing.

5. The new organisational culture model, which the Board endorsed, was launched at our November all staff event.

6. On 5 December we received the results of the 2023 Civil Service people survey. Ofqual’s overall engagement score this year is up by 1%, at 72% compared with 71% in 2022. This is higher than the wider Civil Service average score, which is lower than last year. We have seen scores increase in 5 out of the 9 core themes, with decreases in 2 themes and a hold position in 2. The full set of results and the actions Ofqual proposes to take in response will be shared with the PRF committee in February, once HR and the Executive Team have had an opportunity to consider in detail.

Advanced British Standard

7. Ofqual has been working closely with the Department as it takes forward its plans to develop an ABS qualification. Ofqual will prepare and publish its own response to DfE’s consultation. A White Paper is expected to be published in June 2024, following the 14 week consultation.

Autumn series of GCSE maths and English resits

8. The series went smoothly. The exam boards are not aware of any centres that were not able to hold November exams due to issues with RAAC or industrial action.

9. As the Board is aware, for the November 2023 series, Ofqual is requiring the exam boards to maintain the standard from summer 2023.

T Levels - autumn delivery

10. Core exams started on 20 November and Employer Set Projects are also in progress.

VTQ results delivery in 2024

11. On 12 October Ofqual published details of arrangements for delivery of VTQ results in 2024. Following successful delivery in 2023, the measures are part of Ofqual’s ongoing commitment to ensuring that students taking vocational and technical qualifications have parity of treatment with those taking A levels or GCSEs. The arrangements for 2024 have been refined from those of 2023 in response to feedback from schools and colleges, awarding organisations, exams officers and education leaders.

Apprenticeships

12. In October I wrote to DfE, IfATE and the Federation of Awarding Bodies confirming the formal closure of the transition programme which brought the majority of apprenticeship end point assessments into Ofqual regulation. The letter stated the importance of clarity in language around regulation (as opposed to describing external quality assurance, which is not what Ofqual undertakes).

13. A statistical report setting out outcomes for apprenticeship end point assessments was published for the first time in October and was well received, with positive coverage in the sector press.

Re-procurement of the National Reference Test

14. The Invitation to Tender for the NRT contract was issued on 20 October, and the deadline for submission of bids is 8 December. A contract is to be awarded by 8 February, to commence by 11 March. The contract is for delivery of the test from 2025 to 2029, with an option to extend for 3 further years to 2032.

AQA’s plans to deliver on screen assessment in GCSE Italian and GCSE Polish

15. AQA is planning to move the listening and reading assessments for GCSEs in Italian and Polish onscreen for assessments from summer 2026. These assessments test students’ comprehension of the assessed languages and are currently delivered in the same exam session.

Innovation service

1. 16. Ofqual’s Corporate Plan 2022 to 2025 includes a priority to shape the future of assessment and qualifications.

2. 17. Within this priority we have committed to engage with AOs to support the use of innovative practice and technology and to remove regulatory barriers where innovation promotes valid and efficient assessment.

3. 18. Following development work along with engagement with AOs, a 6-month pilot of the Innovation Service was launched on 21 November and is open to all Ofqual-regulated AOs. Ofqual will be offering non-binding feedback to AOs on how a proposed innovation interacts with regulatory requirements, by highlighting risks to compliance. AOs need to meet some simple eligibility criteria to access the service:

   1. a) The innovation needs to be developed sufficiently beforehand, so we can offer meaningful feedback.

   2. b) The innovation should have potential to impact students and apprentices positively, either directly or indirectly.

   3. c) The AO needs to identify which area of the regulatory framework they would like comments on and/or where there may be specific regulatory ambiguity.

4. 19. The service is accessed online via the AO Portal (through which we communicate with regulated AOs) and requires AOs to complete a simple online form. Our commitment is to provide written feedback to AOs within 20 days (unless particularly complex). The feedback will not provide AOs with approval for the innovation, but will aim to help inform thinking if they wish to develop it further. The pilot will be fully evaluated in June 2024 to inform its future development.

Regulation of Artificial Intelligence

20. Sir Ian attended an AI in Education Summit hosted by Gatsby in November. The event brought together a large group of researchers, commentators and innovators in the field of AI in education. Sir Ian reported back that there was, perhaps unsurprisingly, a wide range of views on how quickly and profoundly AI developments would impact on education and assessment. Much of the discussion was around the perceived relevance or otherwise of the school curriculum for the ‘AI age’. Some contributors shared frustrating experiences of attempts to make AI, in its current form, work reliably for their purposes. Generally, delegates closest to the school and college sector tended towards the cautious end of the spectrum.

21. Ofqual hosted an event with representatives from 21 awarding organisations in October covering the regulation of AI in the sector. During the session, views were shared around the opportunities to innovate using AI alongside the risks in doing so, and the impact of AI on malpractice. This is being followed by a webinar available to all AOs in December. These engagement opportunities continue to inform our understanding of the potential and actual application of AI in the sector.

22. Building on specific steers from the Board, Ofqual has taken forward further development of AI use cases, including the opportunities and risks these present. These will soon include a view from the sector, building on the knowledge developed through our AO engagement. The interaction between use cases and the General Conditions of Recognition are being reviewed, and, consistent with the precautionary approach to the regulation of AI, we have clarified to AOs that AI cannot be used as sole marker, nor as sole remote invigilator.

Enquiries on Regulation

23. We are preparing a response to a Call for Evidence on Smarter Regulation by the Department of Business and Trade (DBT), and colleagues plan to attend a related workshop hosted by DBT in December. DBT say their purpose is to understand: - what works well and what could be improved in how regulators operate to deliver for the sectors they serve - any further steps we can take to reform the existing stock of regulation on the UK statute book

24. We have also responded to an enquiry by the House of Lords Industry and Regulators Committee on the independence and accountability of UK regulators. Its purpose is to examine regulators’ relationship with government and how they are held to account.

Public Facing Services

25. Autumn data from our Public Facing Services provides a further indication that the return to pre-pandemic grading this summer was largely accepted by students, parents and teachers.

26. The Board will also be glad to hear that the work we undertook to bring public facing services back in house, so that those taking enquiries benefit from regular and expert briefing, has been effective. While we have a third party with surge capacity on standby, deployment has not been needed to date.

Corporate and People matters

27. The business planning and budgeting process is underway with draft business plans submitted.

28. The move from Earlsdon Park to Ofqual’s new premises at Friargate is now expected to take place in 2024.

Publication of paper

Paper to be published: Yes