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Transcript - 'Ofqual Explains: Working with our rules and guidance - some top tips'

Published 10 December 2018

Applies to England

Welcome to another episode of Ofqual Explains. In this episode, I’m going to talk about the language of our rules, and share some hints and tips for working with our rules and guidance.

As explained in some of our other episodes, the Apprenticeships, Skills, Children and Learning Act 2009 requires us to publish rules and guidance for the awarding organisations we regulate. While we try to keep our rules and guidance as straightforward as possible, a degree of formality is unavoidable. But that formality can also help you understand our rules better – which is what this episode is all about.

Wherever possible, we like to set rules that are outcome-focused. That is, rules which specify what awarding organisations must achieve, rather than how they go about achieving it. This approach intentionally allows awarding organisations to choose the best way to deliver the intended outcomes, and to develop innovative approaches.

Of course, if we think it is important to specify that an awarding organisation follows particular processes, or takes particular steps, we will do that.

Within our rules and guidance, we make every effort to ensure we use language and wording consistently. This means that if we use the exact same wording in two different places, we intend those words to be read, interpreted and understood in the same way in both places.

Equally, if we use different wording in two different places, that difference is designed to signal a different meaning. One particularly important example of this is the way we use language when setting out an obligation. There are two different things you should be aware of here. First, the language we use will tell you if an obligation only applies in particular circumstances. The key words to look out for here are “Where” and “Any”. For example;

• Condition A3.1(b) begins with: ‘Where there is a change of control in relation to an awarding organisation’ – this signals that the rest of this obligation only applies if a change of control takes place,
• Condition E3.2(i) requires qualification specifications to set out ‘any specimen assessment materials’ – this signals that specimen assessment materials only need to be included if they exist.

Second, the language we use explains the strength of the obligation, which is not always the same. Where possible, we set absolute obligations that simply require an awarding organisation to do (or not do) something. We use words like “must”, “ensure” and (of course) “must not” to do this. But we sometimes need to set obligations that are more qualified – for example where there might be valid reasons why an awarding organisation does not achieve a particular outcome. Here, we will use different words and phrases like “take all reasonable steps”, and “have due regard to”.

To find out more about the different types of obligations we set, please watch our video Strengths of obligation. Throughout our rules and guidance, you will find words (and some phrases) where the first letter is capitalised. Some examples include the words ‘Centre’ and ‘Learner’ and the phrase ‘Adverse Effect’. We do this to highlight words and phrases which are defined terms, with a particular meaning set out in our rules. You can find most of these definitions in General Condition J1, but there are some additional definitions found in our qualification- and subject-level rules.

There are also some other words we use that aren’t defined terms, but which have a specific interpretation set out in our rules. One example is the word ‘qualification’, which means ‘a regulated qualification, including any units of that qualification’. These interpretations are set out in General Conditions J1.1 to 1.7.

If we haven’t defined a word or phrase, or specified how it should be interpreted, then it has its ordinary meaning.

To recap;

• wherever possible, we write rules which specify what an awarding organisation must achieve, not how they should achieve it,
• we try to use consistent language and wording across our rules and guidance – differences in wording are designed to signal that we mean something different,
• the language we use tells you when an obligation only applies in particular circumstances, and how strong an obligation is,
• throughout our rules and guidance, words and phrases where the first letter is capitalised are defined terms with particular meanings set out in our rules,
• there are other words that aren’t defined terms, but which have a specific interpretation, as set out in our rules,
• all other words or phrases have their ordinary meaning.

You can find all of our rules and guidance on our website, simply click on ‘understand our rules’.