Special Conditions on GPSAS

Question 1

Special Conditions

Accepted Answer

The Office of Qualifications and Examinations Regulation (Ofqual), in accordance with its powers under section 132(3)(d) of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA) has imposed the following Special Conditions on GP Strategies Training Ltd, known as GP Strategies Assessment Services Limited (‘GPSAS’):

Question 2

Condition GPSAS 1 – Registration and enrolment of learners

Accepted Answer

GPSAS 1.1

From 11:59pm on 31 October 2023, GPSAS must not register any new learner to take a regulated qualification unless Ofqual has given written notice to GPSAS that it is authorised to do so.

GPSAS 1.2

GPSAS may at any time apply to Ofqual for written authorisation under GPSAS 1.1 to register one or more specified learner(s) for its regulated qualifications. Any such request must:

a) specify the number of learners it is seeking to register;

b) specify which Apprenticeship Standards GPSAS is seeking to register each learner for;

c) specify the stage each learner is at, including the time period within which each learner will reach Gateway;

d) provide evidence of any anticipated Adverse Effects on each learner if GPSAS is not authorised by Ofqual to register the learner for assessment with GPSAS;

e) provide evidence of any steps GPSAS has taken, or plans to take, to mitigate those Adverse Effects.

GPSAS 1.3

Any application under GPSAS 1.2 must be accompanied by written statement that demonstrates to Ofqual’s satisfaction that GPSAS:

a) has sufficient financial resources to enable it to develop, deliver and award qualifications in a way that complies with its Conditions of Recognition until at least the time by which every learner it is seeking authorisation to register has had the opportunity to complete their qualification (under General Condition A5.4); and

b) has adequate resources and arrangements to enable it to develop, deliver and award qualifications in a way that complies with its Conditions of recognition, for every learner it is seeking authorisation to register (under General Conditions A5.1, A5.2 and A5.3)

GPSAS 1.4

Any information and evidence provided under GPSAS 1.2 and 1.3 must be:

a) submitted to Ofqual in writing via the Portal,

b) accurate,

c) formally approved by GPSAS’s Governing Body, and

d) signed by the chair of GPSAS’s Governing Body and the Responsible Officer.

GPSAS 1.5

Upon written notice from Ofqual, GPSAS must:

a) supply additional evidence to support its statements under GPSAS 1.3,

b) comply with the terms of that notice, and

c) ensure that all information provided to Ofqual in response to such a notice is accurate and complete.

Question 3

Condition GPSAS 2 – Communication with third parties

Accepted Answer

GPSAS 2.1

GPSAS must take all reasonable steps to ensure that no Centre, employer, training provider or other third party that is concerned with or connected to the delivery of its qualification, enrols any new learner(s) to take any GPSAS regulated qualification. Those steps include, but are not limited to, those set out under GPSAS 2.2 and 2.3.

GPSAS 2.2

By 4pm on 1 November 2023, subject to Ofqual’s approval under GPSAS 2.4, GPSAS must notify every known Centre, training provider and other third party that is concerned with or connected to the delivery of its qualifications that:

a) the restrictions under GPSAS 1.1 have been imposed, and

b) they must not enrol any new learners to take GPSAS regulated qualifications until further notice, and

c) they must promptly confirm receipt of the notification.

GPSAS 2.3

By 4pm on 1 November 2023, subject to Ofqual’s approval under GPSAS 2.4, GPSAS must publish a statement on its website notifying Users of qualifications of the restrictions imposed by GPSAS 1.1.

GPSAS 2.4

By 4pm on 27 October 2023, GPSAS must provide to Ofqual for approval, a copy of the GPSAS 2.2 notification and GPSAS 2.3 statement.

GPSAS 2.5

GPSAS must not issue the notification under GPSAS 2.2, or publish the statement under GPSAS 2.3, without prior written authorisation from Ofqual.

GPSAS 2.6

By 4pm on 1 November 2023, GPSAS must provide written evidence to Ofqual to confirm that the steps required under GPSAS 2.2 and 2.3 have been completed.

Question 4

Condition GPSAS 3 – Protecting the interests of Registered and Enrolled learners

Accepted Answer

GPSAS 3.1

By 4pm on 27 October 2023, and every week thereafter, GPSAS must establish and provide to Ofqual by secure means, searchable information in respect of each and every:

a) ‘Registered Learner’ and

b) ‘Enrolled Learner’

as defined under GPSAS 5.2

GPSAS 3.2

The information required under GPSAS 3.1 must include (where applicable):

a) Apprentice unique learner number (ULN);

b) whether the learner is a ‘Registered learner’ or ‘Enrolled learner’;

c) the qualification(s) each learner is registered to take or is enrolled for;

d) the name of the Centre, employer or training provider that each learner is enrolled with (whether Registered or Enrolled);

e) the status of each learner in relation to Gateway;

f) when each learner is due to be assessed as part of that qualification;

g) the extent to which each learner has completed the qualification.

GPSAS 3.3

The information required under GPSAS 3.1 and 3.2 must be:

a) submitted to Ofqual in writing via the Portal,

b) accurate,

c) formally approved by GPSAS’s Governing Body, and

d) signed by the chair of GPSAS’s Governing Body and the Responsible Officer.

GPSAS 3.4

GPSAS must take all reasonable steps to assist any:

a) ‘Registered Learner’;

b) ‘Enrolled Learner’;

c) Centre, employer or training provider; and/or

d) awarding organisation

which requests GPSAS’s assistance to transfer any learner(s) from a GPSAS regulated qualification to any other qualification regulated by Ofqual.

GPSAS 3.5

GPSAS must prioritise the assessment of Registered Learners in respect of qualifications which are made available only by GPSAS and where no alternative regulated qualification is available.

Question 5

Condition GPSAS 4 – Financial Information

Accepted Answer

GPSAS 4.1

[This section has been redacted to remove information that may be commercially sensitive.]

GPSAS 4.2

[This section has been redacted to remove information that may be commercially sensitive.]

Question 6

Condition GPSAS 5 – Interpretation and definitions

Accepted Answer

GPSAS 5.1

The rules of interpretation and definitions outlined in General Condition J1 and EPA Condition 6 shall apply to these Special Conditions.

GPSAS 5.2

For the purposes of these Special Conditions, the following additional definitions apply:

a) a ‘Registered Learner’ refers to a ‘Learner’ as defined under General Condition J1.8: ‘a person who is registered to take a GPSAS qualification and to be assessed as part of that qualification.’

b) an ‘Enrolled Learner’ refers to a learner that is enrolled at a Centre, employer or training provider or other third party for a GPSAS qualification but that is not yet registered with GPSAS to take that qualification (for example, learners in the ‘pipeline’ prior to Gateway).

GPSAS 5.3

As stated in Ofqual’s EPA qualification level Guidance (page 4), the following terms should be read in the context of End-Point Assessments as follows:

a) Awarding organisations include end-point assessment organisations (EPAOs)

b) Qualifications includes an end-point assessments (EPAs)

c) Learners includes apprentices.

GPSAS 5.4

Except in the circumstances described in Condition GPSAS 5.5, the requirements imposed by these Special Conditions apply in addition to the requirements imposed by the General Conditions of Recognition and any relevant Qualification Level Conditions and Subject Level Conditions.

GPSAS 5.5

To the extent that there is any inconsistency between –

a) a requirement of one of these Special Conditions, and

b) a requirement of a General Condition of Recognition, a Qualification Level Condition or a Subject Level Condition,

such that GPSAS could not comply with both such requirements, the awarding organisation must comply with the requirement of the Special Condition and is not obliged to comply with the requirement of the other Condition.

Emma Scott, Director of Operations for VTQ

Question 7

Annex to Special Conditions

Accepted Answer

1. Ofqual may publish a Special Condition, either fully or in part, on its website, www.ofqual.gov.uk, unless Ofqual is persuaded by an awarding organisation that there is a legitimate reason that this should not be published, including that this may have adverse commercial implications for the awarding organisation involved.

2. Ofqual may share information about these Special Conditions with other regulators in accordance with its powers, where it considers necessary.

Right of internal review

3. You may request an internal review of the decision to impose a Special Condition within 10 working days of the date the Special Condition was imposed. The request must be issued via the Portal, with the subject line - for the attention of the Legal Moderation and Enforcement team.

4. An internal review may be requested on the following grounds only:

a) The facts of the decision for imposing a Special Condition are incorrect;

b) A relevant fact has not been taken into account;

c) Ofqual has not followed its own procedures; or

d) The decision to impose a Special Condition does not support the facts, an unreasonable decision.

5. Any internal review will be carried out by an officer of Ofqual who has had no previous involvement in your matter.

Ofqual review

6. On or after 31 December 2023 (the ‘review date’), Ofqual will evaluate whether the requirements of these Special Condition need to remain in place and will issue its decision to you. You may request that Ofqual carries out this review before the specified review date if you believe some or all of the requirements no longer need to remain in place. You should provide evidence to support any such request.

7. If after review, Ofqual considers that some or all of the requirements of these Special Conditions no longer need to remain in place, the relevant requirements will be removed.

8. If Ofqual considers that some or all of the requirements need to remain in place, or that additional or alternative requirements need to be imposed, it may take one or more of the following steps below, in isolation or combination:

a) Set a new review date,

b) Introduce more active and/or more frequent monitoring,

c) Amend the terms of the Special Conditions (by adding and/or removing requirements),

d) Determine whether there has been a breach of the Special Conditions,

e) Take any regulatory action set out in Ofqual’s Taking Regulatory Action policy.

9. The process set out above is without prejudice to any other action that Ofqual may take in line with its Taking Regulatory Action policy.

Application for authorisation

10. If you submit a written application to Ofqual under Special Condition GPSAS 1.2, Ofqual will consider any evidence provided with the application and issue its decision to you within 5 working days of receiving such an application, or 5 working days following receipt of information under a GPSAS 1.5 notice, whichever is the latter.

Requests for information

11. Failure to provide the information as required by this Special Condition is a breach of the Special Conditions and Ofqual may take regulatory action.

12. If you are unable to provide the information or cannot provide it within the timescale required you should notify Ofqual as soon as practical, giving details as to why this cannot be provided.

13. Unless specifically requested you should redact personal information from any documents provided.

14. Where personal data is requested, you must consider whether any steps need to be taken in order to ensure compliance with data protection legislation.

15. Where personal data is being transferred, you may need to consider whether you need to put in place any additional safeguards. Ofqual can provide assurance that it will process personal data in accordance with UK data protection legislation. For more details about how Ofqual processes personal data please see our privacy information. Awarding organisations must ensure that personal data is transferred securely.

16. All information submitted in response to the Special Conditions will be retained by Ofqual and may be used for other purposes in accordance with Ofqual’s objectives and duties. Personal data will only be used for another compatible purpose and/or anonymised or pseudonymised where possible.

17. Ofqual is subject to the Freedom of Information (FOI) Act 2000 and we may be asked to disclose information under that Act. No personal data will be disclosed unless required by law. Where an awarding organisation indicates that it considers information submitted to us to be commercially sensitive, we will take this into account when considering any FOI request. However, it will be for Ofqual to determine whether the information must be disclosed or an exemption applied.

18. Ofqual may share information provided to it by you with other agencies or authorities where appropriate or where required by law.

Special Conditions on GPSAS

Applies to England