Ofqual - Office of Qualifications and Examinations Regulation

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Introducing Ofqual

awarding organisations

Ofqual was established by the Apprenticeships, Skills, Children and Learning Act in 2009, and since then has been focusing on both the business of regulation, as well as how it should change its regulatory requirements, processes and ways of operating to better deliver the requirements of the Act and to meet the needs of learners and other users. The process to design a new strategic model for regulation has sought the views of stakeholders including awarding organisations - most recently in the consultation document From Transition to Transformation, and in our consultation which focused specifically on Economic Regulation and the Fee Capping Process.

We started to make changes to implement elements of our strategic model for regulation in May 2011; and it is important that each awarding organisation understands what is expected of it, and what it should expect of us. This section is designed to provide clarity for awarding organisations in this period of change.

Our regulatory approach

We are changing the way in which we regulate awarding organisations and their qualifications to deliver the expectations placed on us in the Apprenticeships, Skills, Children and Learning Act 2009.

This section sets out our strategic model for regulation - what we expect from each awarding organisation; what each awarding organisation should expect from us; and the processes and requirements that need to be followed. The model is underpinned by the Recognition Criteria and General Conditions of Recognition which were published on 16th May 2011.

Read more about our new regulatory approach.

Read more about our approach to Economic Regulation.

Regulatory requirements - Conditions and Criteria

Ofqual recognises organisations to award regulated qualifications. The Recognition Criteria against which we make recognition decisions focus on the suitability of applicants to become recognised awarding organisations as set out in the Apprenticeships, Skills, Children and Learning Act 2009.

Once recognised each awarding organisation is subject to the General Conditions of Recognition which are the requirements it has to meet on an ongoing basis. This document has been updated (May 2012).

Read more about regulatory requirements.

Transition to the new conditions for recognised awarding organisations

Each awarding organisation recognised under the previous regulatory requirements must familiarise itself with the General Conditions of Recognition and undertake such activity that will enable its governing body to provide to Ofqual a statement of the organisation’s compliance against those conditions. All existing Awarding Organisations must make such a statement no later than 18th May 2012.

Read more about transition to the new conditions.

Regulating Qualifications

Awarding organisations are responsible for qualifications which are intended to show users, for example employers, teachers and learners, what someone has learnt and can do as a result of that achievement.

There are several regulatory tools that we use to maintain standards and to ensure the quality, consistency, accuracy and fairness in assessment and awarding of Regulated Qualifications.

For a qualification to be Regulated and therefore included on the Register of Regulated Qualifications, the qualification must fully meet the requirements of all relevant qualification criteria.

Find out more about Regulated qualifications.

Risk Based Regulation

The strategic model for regulation will be underpinned by a systematised decision making framework which enables us to prioritise our regulatory and assurance activities based on our assessment of risk.

Find out more about the emerging approach to Risk Based Regulation.

Taking Regulatory Action

This document sets out how we will use our powers to take regulatory action. From time to time we will evaluate our approach and revise this document as appropriate.

This is the second version of our Regulatory Action Policy.  It has been revised mainly to reflect the changes that were made to our powers by the Education Act 2011.  The first version was published in June 2011.  It is part of the Qualifications Regulatory Framework; which sets out how we monitor awarding organisations and enforce each awarding organisation’s compliance with the conditions to which its recognition is subject (“its condition of recognition”).

Find out more about Taking Regulatory Action.

Recognising Awarding Organisations

Recognition

Recognition is the formal process, operated by Ofqual, whereby applicants who wish to offer regulated qualifications can demonstrate that they meet the Recognition Criteria. It is a robust gateway into the regulated market place. Only those applicants that meet the Recognition Criteria in full will be recognised. This provides assurance to learners, users and the wider public about regulated qualifications.

All recognition decisions are made against the Recognition Criteria we published on 16th May 2011. We are now accepting applications using the new criteria and process.

Find out more about recognition.

Additional regulatory requirements

As we developed the General Conditions of Recognition, we reviewed and rationalised all other existing regulatory documents. Some previous regulatory documents cease to exist while elements of others continue to have effect alongside the General Conditions of Recognition. A full list of additional regulatory requirements is provided in this section.

Read more about additional regulatory requirements.

Accountability and Assurance

Each recognised Awarding Organisation is accountable for continued compliance with the General Conditions of Recognition. The conditions cover both the regulated qualifications that the organisation offers and the Awarding Organisation itself. Where Ofqual believes that a risk exists to continue compliance, it will undertake activity to seek assurance that such accountability is in place.

Find out more about Accountability and Assurance.

Effective Regulatory Relationships

The ASCL Act and the strategic model for regulation require changes to the nature of the relationship between, and the respective accountabilities of, the regulator and the regulated.

Find out more about the emerging approach to Effective Regulatory Relationships.

Open Letters

View our Open Letters to each awarding organisation.

View all Open Letters


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Regulatory Information Technology System (RITS)

The Regulatory Information Technology System (RITS) allows you to upload documents for accreditation and monitoring, and submit details of regulated units and qualifications.

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