Undertaking given by Scottish Qualifications Authority to Ofqual in accordance with B8 of the Conditions of Recognition
On 16 August 2024, Ofqual accepted an Undertaking from SQA under B8 of the General Conditions of Recognition.
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On 16 August 2024, Ofqual accepted an Undertaking from SQA under B8 of the General Conditions of Recognition (‘the Conditions’). This followed significant issues Ofqual identified from 2017 with SQA’s Level 1 Health and Safety in the Construction Environment qualification (qualification withdrawn by SQA on 30 April 2019)
Ofqual identified non-compliances in a number of areas including:
• SQA’s malpractice policies failed to comply with Conditions A6, A8 and I4;
• Several SQA malpractice investigations relating to delivery of SQA’s Level 1 Health and Safety in a Construction Environment were not conducted rigorously and effectively, as required under A8 of the Conditions.
• SQA failed to establish arrangements with third parties that enable it to develop, deliver and award qualifications in accordance with its Conditions of Recognition, as required by C1.1(a) of the Conditions.
• SQA failed to monitor and, where appropriate, enforce such arrangements so as to ensure that it is able to develop, deliver and award qualifications in a way that complies with its Conditions of Recognition, as required by C1.1(b) of the Conditions.
• SQA failed to establish and maintain arrangements for the retention of data which would ensure that adequate information was available to it at all times, as required under A5 of the Conditions;
• SQA failed to ensure the content of resit assessments for the SQA Level 1 Health and Safety in a Construction Environment was fit for purpose, as required by E4, G1 and G9 of the Conditions.
• SQA failed to promptly notify Ofqual when it has cause to believe that any event has occurred or is likely to occur which could have an Adverse Effect, as required by B3 of the Conditions
SQA promptly accepted non-compliance. SQA actively reviewed its arrangements and provided an action plan to address the weaknesses identified by Ofqual. SQA has provided an undertaking to instruct independent auditors to review the effectiveness of the action plan. The purpose of the audit is to assure SQA, and allow SQA to assure Ofqual, that SQA is fully compliant with the Conditions. In line with General Condition B8, SQA must now take all the steps identified in the Undertaking.
Given the serious issues identified, Ofqual considered partial withdrawal of SQA’s recognition and the imposition of a monetary penalty. Ofqual accepted SQA’s surrender of recognition for the L1HSCE as an alternative to partial withdrawal. Having considered SQA’s status as a Non-Departmental Public Body (NDPB) and the fact that a penalty would not impact shareholders or individual directors but would come from public funds and would impact the budget for the provision of services to Learners, Ofqual decided this was an exceptional case, and a monetary penalty should not be pursued.
Ofqual will keep SQA’s progress under review and may take further action if SQA does not follow through on its commitments.