Chief Regulator's report: 3 July 2024
Updated 31 January 2025
Applies to England
This document has been subject to redactions
Date
3 July 2024
Title
Chief Regulator’s report
Report by
Sir Ian Bauckham, Chief Regulator
Paper for information and discussion
Recommendations
The Board is asked to note the matters reported.
Overview
1. The Board will know that on 24 May the Department for Education (DfE) announced that I was the preferred candidate for the substantive (5 year) role of Chief Regulator. Because Parliament was dissolved ahead of the general election a week later, it was not possible to go through the next required stage, which is a Select Committee pre-appointment hearing. It is planned for the process to continue once a new Parliament has been elected and select committees constituted.
2. The summer series of exams and formal assessments has so far gone smoothly. We have seen the typical range of delivery issues arising, and these have been mostly minor in nature. By the time the Board meets, the series will have concluded. Marking is already progressing well.
3. Just after the general election was announced we entered a formal pre-election period. This has had a number of immediate operational impacts on the work of Ofqual and DfE. In accordance with Cabinet Office pre-election guidance, Ofqual’s publications have largely paused, although we have published official statistics as planned, as well as important messages to students about exams through social media channels.
4. I have met with the duty minister, Baroness Barran, to brief her on the summer series and any live matters.
Corporate Plan Tracking
5. Ofqual made 46 commitments across the 4 strategic priorities in the Corporate Plan 2022 to 2025. As we enter the third year of the plan, we consider we are on track to fulfil all commitments.
Summer series
Engagement with DfE
6. I and colleagues engaged with DfE in advance of the summer series. Since the announcement of the general election our work with DfE officials has continued, focussing latterly on marking, grading and awarding. As mentioned above, I have met with the duty minister. We will pick up discussions with new ministers post election.
GCSEs, AS and A levels
7. The GQ series has gone smoothly to date. At the time of writing, notifications to Ofqual of errors, breaches and delivery failures (event notifications (ENs)) are tracking slightly below 2023. Our initial overall appraisal is that the impact of events reported to us on students and on the integrity of the examinations system is lower than in 2023. A number of ENs relate to assessment material errors that were identified and addressed before student sat papers. Further analysis of the series will be undertaken in due course.
8. The GQ series concluded with the final A level on 25 June.
9. Exam boards were not reporting any concerns about examiner recruitment or availability in particular subjects entering the marking period, and are confident in their ability to complete marking on time with current resourcing levels. Marking is progressing well, with all exam boards on track or ahead of where they were at the same point last year.
Vocational and Technical Qualifications
10. The VTQ series has also gone smoothly to date, albeit with a number of ENs slightly higher than in summer 2023. The final VTQ exam takes place on 2 July.
11. The VTQ Results Group continues to monitor progress towards timely delivery of level 3 VTQ results alongside A level results in August. The AOs in scope have expressed confidence in centre engagement following the completion of the term-time checkpoint in May.
12. Technical Awards are newly strengthened performance table VTQs taken by 14-to-16-year-olds alongside GCSEs. Following consultation, Ofqual introduced a ‘terminal rule’ for these qualifications in 2020 which requires the exam component to be taken in the final series of a student’s course. Its purpose is to provide protection against malpractice, protect the integrity of non-exam assessment (NEA) and give awarding organisations greater control over standards. Despite Ofqual’s extensive communication and engagement to promote understanding of this new requirement, we are aware that some centres have not taken the rule into account. Information available at the time of writing indicates a very small number of students may not have met the rule and, without appropriate mitigations, would not receive a final certification result. Other students might be disappointed that they cannot claim the best of their 2 results. We are working closely with AOs on the matter and are confident that any impacts being appropriately managed. We continue to monitor the situation closely and to brief DfE.
13. Delivery of assessments for Technical Qualifications in T Levels has gone smoothly to date, with no significant issues arising.
Post series review
14. As in every year, we will conduct a full analysis of Event Notifications after the summer series to see where we can reduce risk further in future series. Analysis will be published in December in our summer 2024 delivery report.
Centres impacted by RAAC
15. We continue regular discussions with awarding organisations on any issues in relation to schools and colleges impacted by RAAC.
Awarding in summer 2024
16. Awarding in general qualifications in summer 2024 is normal, as it was in 2023 (and as normal as it was pre-pandemic). We are emphasising this in our public messaging.
17. The National Reference Test (NRT) 2024 was successfully delivered in schools in February and March. Ofqual has been briefed on NRT results and I have taken a decision on whether to require adjustments to grading standards in English and maths. Details of the decision will be published alongside the release of GCSE results on 22 August.
18. Regulators in Wales and Northern Ireland will be completing their return to normal grading arrangements in 2024, having chosen not to deliver this in 2023 due to their modular qualification structure.
Communications and stakeholder engagement
19. We published a range of communications ahead of the summer series, including a blog and a letter to centres. We have delivered a planned programme of communications to students via social media aimed at strengthening the resilience of the series, conveying important messages on topics such as hoax papers and malpractice.
20. I delivered a webinar in April to school and college leaders aimed at building understanding of this summer’s arrangements for both GQs and VTQs. This was well received.
21. Until the pre-election period I had continued to visit a range of schools and colleges to hear views of school leaders, teachers and their students taking exams this year.
22. External engagement is restricted during the pre-election period, but we continue to meet with key stakeholders on operational matters related to the summer series.
Apprenticeships
23. DfE had initiated a review of End Point Assessment (EPA) arrangements before the general election was called. We are supporting this as the regulator for EPAs. It is unclear how the work will be taken forward post-election; this will of course be a matter for the new government.
Regulation of National Assessments
24. On 25 March we published our 2023 National Assessments regulation annual report. This included detailed analysis of the 2023 reading test which had provoked sector commentary. The report was well received by stakeholders and also by the Standards and Testing Agency.
25. The 2024 KS2 tests were delivered during week commencing 13 May with no significant issues arising. At the time of writing, over 99% of marking has been completed and STA is conducting standards maintenance activity ahead of release of results to pupils on 9 July.
26. In April, STA confirmed it had awarded the contract for delivery of KS2 tests for a 4-year period from 2025/26 to Pearson. We will seek assurance from STA on the arrangements in place to manage the transition from Capita to Pearson.
Regulatory action
City and Guilds monetary penalty
27. In March, Ofqual issued a Notice of Intention to fine City & Guilds. Having received no representations, a monetary penalty of £200,000 was imposed on City & Guilds on 22 April. The fine related to a series of breaches of Ofqual’s Conditions of Recognition over 2 time periods: during 2018 to 2019 and 2022 to 2023. The breaches included errors in assessment materials which should have been detected by City & Guilds’ quality assurance processes, and a failure to notify Ofqual sufficiently quickly when many of the incidents were found.
28. As part of the work with Ofqual, City & Guilds has committed to implement a multi-million pound programme to improve its business operations. This involves improved risk management, strengthened governance, and investments in training, systems, and processes, some of which have already been addressed.
Minor amendments to Ofqual’s Conditions
29. We have made minor amendments to Ofqual’s Conditions that under the governance framework have not required Board approval.
30. In April, Ofqual consulted with affected awarding organisations on updating the interpretation condition in the qualification level conditions (QLCs) for Performance Table Qualifications, Technical Qualifications, Functional Skills Qualifications and Essential Digital Skills Qualifications. Ofqual had identified a risk that awarding organisations might feel inhibited from making certain forms of reasonable adjustments, or applying special consideration, because the existing interpretation conditions stated that the QLCs must take precedence over the General Conditions of Recognition. Ofqual decided to adopt its consultation proposals unchanged and the relevant QLCs were amended on 30 April.
31. Also in April, Ofqual consulted the 4 exam boards on proposals to withdraw additional rules and guidance relating to GCSEs, AS and A levels taken in 2022 that are now redundant. Following support from the exam boards, Ofqual has decided to adopt its consultation proposals unchanged. The exam boards will be notified of this, and the 37 documents containing the rules and guidance will be withdrawn, after the general election.
Development of GCSEs in BSL and natural history
32. DfE published subject content for a GCSE in British sign language (BSL) in December 2023, and Ofqual published its high-level assessment arrangements at the same time. Ofqual’s external work on BSL has paused during the pre-election period, although our internal technical work on development of the proposed detailed rules for the assessment of BSL continues.
33. DfE’s proposals for a GCSE in natural history had been paused by DfE ahead of the election announcement.
Regulation of AI
34. In April, in response to a joint request from the Secretary of State for Science, Innovation and Technology and the Secretary of State for Education, Ofqual published a report on its approach to regulating the use of artificial intelligence in the qualifications sector.
On-screen assessment
35. Ofqual’s joint research with DfE on on-screen assessment has concluded.
Advanced British Standard
36. We submitted our response in March to the DfE’s consultation on a new post-16 Advanced British Standard qualification and published on 1 May. It was well received by the Department.
Ofqual visit to Germany
37. In April, I, along with the Chair, Deputy Chief Regulator and the ED VTQ undertook a visit with other VTQ stakeholders to Germany, generously hosted by the Goethe-Institut. The visit gave us an invaluable insight into a different system and context for vocational and technical qualifications and apprenticeships. It was also an excellent opportunity to strengthen cross sector relationships which will helpfully support our future work on VTQs.
Wellbeing of staff in regulated AOs
38. I reported to the Board in March the work we had initiated in relation to AO staff wellbeing, in light of the wider sectoral landscape. We have since started to roll out mental health awareness training to Ofqual staff who have direct contact with AO staff on regulatory activity.
39. Colleagues are working on further information, training and guidance for our staff and for awarding organisations on our approach to regulation and how we expect to engage with organisations, as well as how to raise a concern with us.
Corporate and people matters
People
40. Recruitment for Ofqual’s graduate scheme launched in February 2024. The campaign saw 239 applications from a wide variety of graduates, resulting in 18 interviews taking place. The calibre of applicants to the scheme was high, and therefore in addition to filling the 2 graduate scheme vacancies from September 2024, there is a reserve list of 3 applicants.
41. Ofqual maintains the ambition of reaching our target for apprentices to represent 5% of staff.
Finance
42. Details of the 2023 to 2024 financial year position will be published in Ofqual’s annual report and accounts.
Office move
43. The office move was successfully completed on 2 April following a short period of minor modifications to the Friargate space. There was no disruption to work as the move coincided with the long Easter weekend. Staff have settled in well and feedback is overwhelmingly positive with only some very limited teething issues, which have largely been resolved.