Consultation outcome

Amending the 'Taking Regulatory Action' policy

• From: Ofqual
• Published: 8 October 2019
• Last updated: 28 May 2021 — See all updates

Applies to England

This consultation has concluded

Read the full outcome

Consultation decisions: Amending the 'Taking regulatory action' policy

Ref: Ofqual/21/6797

HTML

Consultation decisions: Amending the 'Taking regulatory action' policy

Ref: Ofqual/21/6797

PDF, 345 KB, 9 pages

Detail of outcome

We have decided to implement all of the changes about which we consulted. We will publish a new version of the Taking Regulatory Action policy (the TRA policy) which:

• is titled ‘Supporting Compliance and Taking Regulatory Action’
• explains that we will usually record instances of non-compliance even where we decide to take no further action and that we will retain these records
• explains that we might issue a rebuke in appropriate cases
• explains that we will often allow only a short period for representations where we propose to give a direction
• explains that, where we have the power to recover our costs, we will do so whenever we consider it is proportionate
• explains that we might notify awarding organisations when we have concerns about a centre

We have also decided that we should explain in the TRA policy that we might decide to develop an approach to using fixed monetary penalties.

Please note publication of this consultation decision was delayed due to the coronavirus (COVID-19) pandemic and the need for us to consult on the exceptional arrangements for 2020 and 2021. We are now consulting with awarding organisations on the new version of the TRA policy before it is published.

Detail of feedback received

We received 30 responses to the consultation. 24 of those responses were from awarding organisations, 3 were from representative bodies and 3 were from members of the public.

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Original consultation

Summary

Updating our approach to intervening when things go wrong.

This consultation ran from
3pm on 8 October 2019 to 11:45pm on 2 December 2019

Consultation description

We are proposing amendments to our policy Taking Regulatory Action (the TRA policy) which explains how we use our powers to take regulatory action in respect of awarding organisations. The proposed amendments are to bring the policy up to date, to reflect our regulatory strategy and how we use our powers in practice. The policy was first published in 2011 and was revised in 2012.

We are proposing changes which:

• explain developments in our approach to managing non-compliance including new types of action in less serious cases
• explain developments in our approach to supporting awarding organisations to remain in compliance, including proposals about how we might notify awarding organisations where we have concerns about a school, college or training provider
• remove the £10,000 lower threshold on recovering our costs where we take regulatory action

Documents

Amending the Taking Regulatory Action policy

Ref: Ofqual/19/6550/1

PDF, 794 KB, 23 pages

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Published 8 October 2019
Last updated 28 May 2021 + show all updates

1. 28 May 2021

   First two paragraphs within the Implementation Timescales section of the document updated.

2. 28 May 2021

   Consultation decisions on amending the Taking Regulatory Action policy.

3. 8 October 2019

   First published.