Appendix
?Memorandum submitted by the Department for Education
Office of Qualification and Examinations Registration (Ofqual)
The Office of Qualifications and Examinations Regulation (Ofqual) is a non-ministerial government department that is accountable to Parliament and the Northern Ireland Assembly. It is the regulator of qualifications (other than degrees), examinations and assessments in England and the regulator of vocational qualifications in Northern Ireland.
It was established under the Apprenticeships, Skills, Children and Learning Act 2009 and came into being in April 2010.
It is responsible for securing standards of and efficiency in regulated qualifications, and promoting confidence in qualifications. It recognises awarding organisations and sets requirements they must meet, checks qualifications, monitors delivery and can take action when things go wrong. It has to have regard to the reasonable requirements of, among others, learners, higher education institutions and employers. Ofqual also has a role in relation to National Curriculum assessments.
Working with Government
Whilst Ofqual is an independent regulator, reporting directly to Parliament and the Northern Ireland Assembly, the qualifications it regulates, particularly those taken by students under 19, sit within the overall policy framework set by Ministers, and in particular Ministers have responsibility for the curriculum arrangements which many regulated qualifications assess. It is not for Ofqual to decide which qualifications should be available—that is for Government, or for the market. Ofqual's role is to make sure that regulated qualifications are assessed properly and that standards are maintained, for example.
Therefore, Ofqual has to "have regard to" Government policy, where directed to do so (for example, the recent letter on A level policy). It also has a duty to provide on request information and advice to the Secretary of State or the Northern Ireland Department of Employment and Learning. Ofqual aims to be a trusted, independent and evidence-based source of advice to Ministers on qualifications policy issues.
In particular, where Ministers wish to use qualifications reform as a policy lever, there is a joint responsibility for the reform programme. Ministers have responsibility for the policy framework including funding and accountability requirements, the curriculum arrangements, and any implementation issues in schools and colleges (for example, workforce implications). Ofqual has responsibility for setting assessment arrangements, setting standards and regulating the awarding organisations as they develop and deliver the qualifications.
Scope of responsibility
Ofqual regulates qualifications and assessments that are offered in England and vocational qualifications that are offered in Northern Ireland.
Ofqual recently published some principles setting out its approach to qualifications which may be subject to more than one set of regulatory requirements (http://www.ofqual.gov.uk/files/2013-03-22-ofquals-principles-for-regulating-qualifications.pdf).
