Consultation outcome

​​GCSE qualifications in British Sign Language​

Updated 21 December 2023

Applies to England

Proposals at a glance

To see this information in BSL format, please watch our series of videos.

The Department for Education (DfE) has proposed subject content for new GCSE qualifications in British Sign Language (BSL). If you would like to read and comment on DfE’s proposed subject content, it can be accessed on DfE’s website.

This consultation sets out Ofqual’s proposals for how DfE’s subject content for GCSEs in BSL should be assessed.

Ofqual proposes that GCSE qualifications in BSL should:

• have one set of assessments for all levels of attainment (assessments that are not tiered)
• include assessments by examination to assess students’ receptive language skills and their knowledge and understanding of the history of BSL
• include non-exam assessment (NEA) to assess students’ productive and interactive language skills (including technical accuracy)
• have assessment objectives that address receptive, productive and interactive language skills, technical accuracy, and knowledge and understanding of the history of BSL

This consultation also provides some information about Ofqual’s considerations for the language and regulatory expectations for the assessments.

Audience

This consultation is open to anyone who may wish to make representation but may be of most interest to:

• the deaf community
• stakeholder representative organisations or unions
• students, including private candidates, who might be interested in taking the new qualification, and their parents and carers
• potential teachers, private tutors and home-educators of the new qualification
• school and college leaders and heads of other types of exam centres
• exams officers
• exam boards and awarding organisations
• those who use qualifications to make selection decisions: higher education institutions and employers

Consultation arrangements

Duration

This consultation will be open for 12 weeks starting on 15 June and ending on 7 September 2023.

Respond

Please respond to this consultation by using the online survey or by scanning the QR code:

The online survey presents the information and questions in English and BSL. Responses to the online survey must be given onscreen and in writing. Responses can be provided in BSL by sending Ofqual a video (or videos) of your BSL responses to the consultation.

To share your BSL responses or ask for more information on how to do this, please email [email protected]. Please include the consultation title in the subject line of the email and let us know in what capacity you are responding.

Ofqual has engaged with BSL users to inform how this consultation has been presented to make it as accessible as possible for BSL users. If you need support to access the survey, please email [email protected].

For information on how we will use and manage your data, please see Annex A: Consultation responses and your data.

Introduction

In 2018, the Department for Education (DfE) decided to introduce a GCSE in British Sign Language (BSL). DfE is now consulting on its proposed subject content for GCSEs in BSL. DfE is responsible for setting the curriculum requirements and subject content for all GCSE qualifications, including for new GCSEs in BSL. Ofqual is responsible for how the subject content will be assessed and for ensuring that the assessment arrangements can support valid and reliable results.

This Ofqual consultation presents the proposed assessment arrangements for GCSEs in BSL. Ofqual’s proposals reflect the proposed content that is now being consulted on by DfE. Interested parties are advised to read and consider DfE’s proposed subject content first. You should share any comments about the DfE’s subject content with DfE. You can access the DfE consultation on the proposed subject content on DfE’s website.

In this consultation, Ofqual invites your views on how DfE’s proposed subject content for new GCSE qualifications in BSL should be assessed. This includes the approach to tiering, the use of non-exam assessment (NEA) and the assessment objectives, which indicate the percentage of marks that must be used for each aspect of the assessment. The sections below explain each proposal.

The proposals refer to the following concepts:

• ‘Receptive language skills’, which means students’ ability to comprehend BSL produced by others
• ‘Productive language skills’, which means students’ ability to produce BSL themselves
• ‘Interactive language skills’, which means students’ ability to interact and have conversations with other signers using BSL (while comprehending and producing BSL)
• ‘Technical accuracy when producing BSL’, which means students’ ability to articulate signs accurately and construct clearly articulated and grammatically correct BSL sentences

Ofqual will consider all responses to this consultation before making a decision. It will publish an analysis of the responses alongside the decisions. Ofqual’s decisions will also depend on the decisions DfE takes following its consultation on its proposed subject content.

This Ofqual consultation also includes information about Ofqual’s additional considerations for the assessments, including how English and BSL might be used in those assessments. Interested parties are invited to comment on these considerations to help inform Ofqual’s thinking in these areas. Ofqual will consider these responses as it considers the detailed rules that may be needed about the ways in which the qualifications must be assessed.

Consultation details

This section explains each of Ofqual’s proposals for the assessment arrangements for GCSE qualifications in BSL. Relevant consultation questions follow each proposal, which you can access in the online consultation survey.

Tiering

Ofqual proposes that GCSEs in BSL should have one set of assessments for all levels of attainment (assessments that are not tiered).

Tiering
The qualifications should have one set of assessments for all levels of attainment (assessments that are not tiered)

This will mean that all students will study and be assessed on the same subject content and the same questions in exam papers, although they will not all develop the same level of understanding and skills. Students’ final grades will be based on a common set of assessment tasks that are taken by all. These assessments allow students to access the full GCSE grade range, depending on their performance in their assessments. This is the approach used for the majority of GCSE subjects.

When tiering is used, students take different assessments at either foundation tier or higher tier. Students taking foundation tier assessments can be awarded grades 1 to 5 only. Students taking assessments at higher tier can be awarded grades 4 to 9 (with grade 3 awarded only where students narrowly miss grade 4). If assessments are tiered, there is a risk of limiting the potential achievement of students who follow the foundation tier. It can also limit students’ ability to demonstrate they could go on to further study in the subject. For this reason, Ofqual only uses tiering where it is necessary based on the expectations of DfE’s subject content. Tiering is only used for subjects where the DfE subject content includes and specifically identifies content or concepts that it would be unrealistic to expect all students to complete during the normal 2-year course of study. In such subjects, manageable assessments cannot be designed that allow students at the lower end of the ability range to demonstrate their knowledge, skills and understanding, and that can stretch the most able students.

DfE’s proposed subject content sets out expectations that all students should be able to complete during the normal 2-year course of study. Ofqual, therefore, proposes that GCSEs in BSL should have one set of assessments for all levels of attainment (assessments that are not tiered).

Question 1:

Proposal: GCSEs in BSL should have one set of assessments for all levels of attainment (assessments that are not tiered).

Question: To what extent do you agree or disagree? [Strongly agree, agree, neither agree nor disagree, disagree, strongly disagree]

Question 2:

Do you have any comments about GCSEs in BSL having one set of assessments for all levels of attainment (assessments that are not tiered)? [Open response]

Examinations and non-exam assessment (NEA)

Ofqual proposes that GCSEs in BSL should include assessments by examination and non-exam assessment (NEA).

Assessment by examination (40% weighting)
Receptive language skills
Knowledge and understanding of history of BSL

Non-exam assessment (NEA) (60% weighting)
Productive language skills
Interactive language skills (including receptive and productive skills)
Technical accuracy when producing BSL

GCSEs are normally assessed by written exams that are set and marked by exam boards.

In 2013, Ofqual consulted on a set of principles relating to the type of assessment to be used in GCSE, AS and A levels . These principles confirmed that where subject content can be validly assessed by exams, which are set and marked by exam boards, this should be the default method of assessment. Non-exam assessment (or NEA) should only be used when it is the only valid way to assess essential elements of the subject. Where NEA is necessary to assess essential subject skills or knowledge, it must:

• strike a balance between valid assessment of essential knowledge and skills, sound assessment practice and manageability
• be designed to fit the requirements of the particular subject, including the relative weighting of exams and other components assigned to it
• be designed so that the qualification is not easily distorted by external pressures from the wider system

DfE’s proposed subject content expects students to demonstrate their comprehension of BSL. It is possible to assess students’ language comprehension (their receptive language skills), and their knowledge and understanding of vocabulary and grammar, by exam. It is also possible to assess students’ knowledge and understanding of the history of BSL by exam. Ofqual, therefore, proposes that 40% of the total qualification marks should be from assessment by exam.

DfE’s proposed subject content also expects students to demonstrate their ability to produce BSL and to interact and have conversations with other signers using BSL (their productive and interactive skills). When doing this, DfE expects students to articulate signs accurately and construct clearly articulated and grammatically correct BSL sentences (demonstrating their technical accuracy when producing BSL). It is not possible to assess these productive and interactive language skills by written exam. Ofqual, therefore, proposes that 60% of the total qualification marks should be from NEA.

The proposed weightings reflect the emphasis of DfE’s proposed subject content. This includes the expectation that 85% of the qualification will focus on language learning, covering comprehension, production and interaction, including knowledge and accurate use of prescribed vocabulary and grammar.

Question 3:

Proposal: GCSEs in BSL should include non-exam assessment (NEA) to assess students’ productive and interactive language skills.

Question: To what extent do you agree or disagree? [Strongly agree, agree, neither agree nor disagree, disagree, strongly disagree]

Question 4:

Proposal: Non-exam assessment (NEA) should account for 60% of the total qualification marks.

Question: To what extent do you agree or disagree? [Strongly agree, agree, neither agree nor disagree, disagree, strongly disagree]

Question 5:

Do you have any comments about the proposals for non-exam assessment? [Open response]

Assessment objectives

Ofqual proposes 4 assessment objectives that address receptive, productive and interactive language skills, technical accuracy, and knowledge and understanding of the history of BSL.

Objective	Description	Weighting
AO1	Understand and respond to recorded and interactive BSL	35%
AO2	Produce BSL as rehearsed and unrehearsed language	30%
AO3	Articulate signs with accurate use of lexicon and grammar, and with appropriate use of placement and interaction strategies	20%
AO4	Demonstrate knowledge and understanding of the history of BSL	15%

Assessment objectives are used in all GCSEs to set out the percentage of marks that must be used for each aspect of the assessment. Assessment objectives ensure students are assessed on relevant and required abilities for the subject and on an appropriate balance of those abilities. They also ensure that the assessment of these required abilities is comparable between different exam boards’ specifications and from one year to the next.

Ofqual’s proposed assessment objectives and weightings for GCSEs in BSL reflect DfE’s proposed subject content, ensuring a broadly equal emphasis for receptive, productive and interactive language skills. The assessment objectives relate to the qualification overall. Each assessment objective might apply to exams, non-exam assessments (NEA), or both, as explained below.

Assessment objective 1 (AO1) accounts for 35% of the total qualification marks. It focuses on receptive skills and addresses the expectation for students to demonstrate comprehension of BSL in response to stimulus materials during an exam (accounting for 25% of the total qualification marks). It also addresses the expectation for students to demonstrate comprehension of BSL during interactive NEA tasks (accounting for 10% of the total qualification marks).

Assessment objective 2 (AO2) accounts for 30% of the total qualification marks. It focuses on productive skills and sets an expectation for students to demonstrate their ability to deliver BSL individually, as well as their ability to interact in BSL during NEA tasks.

Assessment objective 3 (AO3) accounts for 20% of the total qualification marks. It addresses DfE’s expectations for technical accuracy in students’ productive and interactive use of BSL. It would be used alongside AO2 in NEA tasks.  

Assessment objective 4 (AO4) accounts for 15% of the total qualification marks. It addresses the separate aspect of subject content focused on knowledge and understanding of the history of BSL to be assessed by exam.

Question 6:

Proposal: GCSEs in BSL should have the 4 proposed assessment objectives.

Question: To what extent do you agree or disagree? [Strongly agree, agree, neither agree nor disagree, disagree, strongly disagree]

Question 7:

Do you have any comments about the proposed assessment objectives? [Open response]

Language of the assessments

This section explains and invites views on an approach that Ofqual is considering for the language of the assessments. It firstly explains the usual arrangements for GCSE assessments, including how BSL is used as a reasonable adjustment in existing qualifications. It then explains what is being considered for GCSEs in BSL, where students’ knowledge, skills and understanding of BSL will be explicitly assessed. Ofqual will consider any comments on this approach as it considers the detailed rules that may be needed about the ways in which the qualifications must be assessed.

Usual language of assessments

GCSE qualifications in England are assessed in the English language, except for where the qualification assesses students’ knowledge, skills and understanding of another language. This means, for example, that qualifications assessing students’ knowledge about history or geography would be assessed in written English. Qualifications assessing students’ ability to use a modern foreign language, such as French, include some parts of the assessment tasks and expected responses in that foreign language.

Reasonable adjustments and the use of BSL

Reasonable adjustments, sometimes known as access arrangements, are changes made to exams or assessments or to the way they are conducted that reduce or remove disadvantage introduced by a student’s disability. It is important, however, that the exam or assessment must still test the same knowledge, skills and understanding for that qualification.

When BSL is used as a reasonable adjustment, sign language interpreters present the exam questions in sign language. Ofqual’s specifications for reasonable adjustments state that when doing this they must not change the meaning of the question or add any information or explanation about what the question requires. Sign language, or any other reasonable adjustment, cannot be used where this could change the nature of what is being assessed or prevent a student from demonstrating the required knowledge, skills or understanding. Sign language is not currently permitted as a reasonable adjustment for assessments that test students’ knowledge, skills and understanding of a particular language. This also applies to Sign Supported English (SSE) where it is used in combination with BSL and would affect the skills being assessed.

Challenges for the use of BSL as a reasonable adjustment for GCSEs in BSL

DfE’s proposed subject content is designed for students with no prior knowledge of BSL. While it is for new learners of the language, DfE has proposed that the qualification be accessible more widely, including to students who might wish to take a GCSE in their first or primary language. Some of these students might normally use BSL as a reasonable adjustment for some of their formal assessments in other subjects.

Following the usual arrangements, BSL (or SSE) could be used as a reasonable adjustment for GCSE exams assessing knowledge and understanding of the history of BSL. This is because this reasonable adjustment would not change or impact on the knowledge and understanding being assessed.

BSL (or SSE) could not be used under the usual arrangements, however, as a reasonable adjustment for exams assessing students’ comprehension of BSL. This is because such use could potentially change or undermine the assessments. It could also affect the comparability of the examination tasks by giving one group of students an advantage or disadvantage over another group.

For example, questions that test students’ comprehension of BSL might be designed differently if they are to be asked in written English as opposed to in BSL, which is also the assessed language. It might not be possible for sign language interpreters to present the written English questions in a way that does not reveal information that students might want or need to use in their answers without changing the question being asked. It might also mean that some students have different experiences of the assessments depending on how the questions are translated for each individual. Ofqual does not believe this would provide a sufficiently valid, reliable or fair approach to assessment and, therefore, would not expect the comprehension exam to have reasonable adjustments in BSL.

An approach for GCSEs in BSL

To address these challenges, Ofqual is considering an approach that would mean reasonable adjustments into BSL are not needed for students who usually access their formal assessments in BSL. Ofqual is considering requiring GCSEs in BSL to be designed from the outset so that the exams are offered in both English and BSL. When students are entered for the exams, there could be the option to choose to take the exam in English or in BSL, without the need to apply for a reasonable adjustment. These assessments in both languages would still be taken by all students at the same time as each other. All students would still answer from the same selection of exam questions that would be designed to be comparable in English and BSL. The exam questions could be asked, and responded to, either in English or in BSL, depending on which language option was chosen. All students’ responses would be marked using the same mark schemes.

This approach would mean that the challenges associated with using BSL as a reasonable adjustment could be considered and addressed in the assessment design from the outset. Rather than assessments being designed for use with written English and then later translated into BSL (where this would be permitted under the current rules), assessments would be designed to be valid, reliable and fair in both languages.

The approach would offer a viable solution that allows the equivalent of a reasonable adjustment in BSL (including for types of assessments where this would usually be prohibited), without requiring students to apply for this and avoiding some of the difficulties that might otherwise arise.

To support this, Ofqual would expect to set regulatory requirements about these assessments in both languages, including that:

• the exams should only reward students’ comprehension of BSL or their knowledge and understanding of the history of BSL
• there should be no reward for the use or quality of English or BSL in students’ responses to exam questions – students’ use of BSL should only be assessed in the non-exam assessment tasks
• the comprehension exam should be designed so that students are not able to copy rewardable material from the questions or stimulus materials
• exam boards should consider assessment methods and response options that minimise the need for the different languages to be used – for example, through the use of visual devices and selective responses that could be common to both language options

The use of assessments in both languages would be likely to increase the challenge for exam boards as they design their qualifications. It would, however, remove the need for reasonable adjustments into BSL, which would improve the accessibility of the qualification for students who are deaf or who use BSL as their primary language.

Ofqual is seeking feedback from interested parties to inform its thinking about this possible approach. Ofqual will consider the feedback before making proposals in a future consultation on the regulatory requirements.

Question 8:

Suggestion: Ofqual is considering requiring GCSEs in BSL to have assessments in both languages so that exams are offered in English and in BSL.

Question: Do you have any comments about the suggestion for assessments in both languages? [Open response]

Assessment considerations

This section explains and invites views on some of the assessment expectations that Ofqual is considering including in the regulatory requirements. Ofqual will consider any comments on these expectations as it considers the detailed rules that may be needed about the ways in which the qualifications must be assessed.

Exam testing comprehension of BSL

This consultation proposes that students’ comprehension of BSL will be tested by an exam that is worth 25% of the total qualification marks. In addition, Ofqual would expect to set regulatory requirements, including that:

• exam boards must produce recorded BSL material to use as stimulus materials for the exam
• exam boards must include vocabulary lists in their specifications that make clear which signs (including which regional variation for each sign-meaning) students will need to know in preparation for the exam
• students must demonstrate their comprehension of recorded BSL with responses in either English or BSL, depending on their language option, and/or any other appropriate and accessible response selection method
• the exam(s) should not require or reward the use of English or BSL, but should focus exclusively on the assessment of students’ comprehension skills, including their knowledge and understanding of the prescribed vocabulary and grammar
• in line with the current requirements, reasonable adjustments into other languages, including other sign languages or Sign Supported English (SSE), will not be permitted as this could compromise the validity of the assessment of students’ comprehension skills – instead assessments could be provided in English or BSL, as set out above

Exam testing knowledge and understanding of the history of BSL

This consultation proposes that students’ knowledge and understanding of the history of BSL will be tested by an exam that is worth 15% of the total qualification marks. In addition, Ofqual would expect to set regulatory requirements, including that:

• there should be a limit on how many marks can be used for straightforward recall of information
• the approach to assessing students’ understanding should require substantial and meaningful engagement with the specification content
• the exam(s) should not require or reward the use of English or BSL, but should focus exclusively on the assessment of students’ knowledge and understanding of the history of BSL

Non-exam assessment

This consultation proposes that students’ productive and interactive skills, and their technical accuracy when producing BSL, will be tested using non-exam assessment (NEA). Ofqual proposes that the NEA will be worth 60% of the total qualification marks.

The NEA tasks will need to address all the relevant parts of DfE’s proposed subject content. The NEA will also need enough marks overall to support effective differentiation across the full 9 to 1 grade range. Ofqual would expect to set regulatory requirements about the number, nature and duration of the NEA tasks. Such tasks are likely to include:

• individual presentation(s), where students demonstrate their ability to produce BSL they have prepared in advance – this might be on a chosen topic from the specification or in response to a pre-released exam board set task
• role play(s), where students demonstrate their ability to interact in BSL
• conversation(s) initiated in response to exam board set stimulus materials where students demonstrate their ability to interact in BSL

Ofqual would also expect to set requirements about the delivery and marking of NEA tasks. Given the features of the assessments that will need to be in place for GCSEs in BSL and the risks that exist for these types of assessment in general, these requirements are likely to require NEA tasks to be set and marked by exam boards. Ofqual will consider whether some tasks must also be examined by exam boards, and whether any tasks might be delivered by teachers, schools and colleges.

Ofqual is seeking feedback from interested parties to inform its thinking about these expectations. Ofqual will consider the feedback before making proposals in a future consultation on the regulatory requirements.

Question 9:

Suggestion: Ofqual is considering including these additional assessment expectations in the regulatory requirements.

Question: Do you have any comments about these suggested assessment expectations? [Open response]

Equality impact assessment

About the equality impact assessment

As Ofqual is a public body, it must comply with the public sector equality duty in section 149(1) of the Equality Act 2010. Annex B sets out how this duty interacts with its statutory objectives and other duties.

In developing these proposals, Ofqual has considered the likely impact on persons who share particular protected characteristics. Ofqual is required to have due regard to the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it

Equality impacts for GCSE BSL assessment arrangements

Ofqual’s proposals for the assessment arrangements for new GCSE qualifications in BSL reflect the expectations of DfE’s proposed subject content.

In making these proposals for the assessment arrangements, Ofqual has prioritised considerations of quality and fairness for students. The proposals seek to promote valid, well-designed assessments that will not advantage or disadvantage one group of students over another. This consultation also explains that Ofqual is considering requiring the assessments to be made available in both English and BSL as part of the standard assessment model. This would mean that students who use BSL as their first or primary language due to their disability need not apply for a reasonable adjustment to access the assessments in BSL.

In addition, as is the case in other qualifications, there are sometimes required skills that some students might not have, for example, because of a disability. BSL is a visual-spatial language and, as such, there are some students who might not be able to engage with the required skills. DfE’s proposed subject content for this qualification is unlikely to be suitable for a student who is blind or who does not have sufficient manual dexterity to produce signs. Ofqual has not identified any adjustments that could be made for such students that would still enable them to demonstrate the knowledge, skills and understanding required for the qualification. This is because the qualification must remain a reliable indication of what each student can do in relation to the specific expectations of the subject content.

Ofqual has not identified any impacts (positive or negative) of its proposals on persons who share the protected characteristics of age, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation.

Question 10:

Are there any potential equality impacts that Ofqual has not identified? [Yes or no]

If yes, what are they?

Question 11:

Do you have any suggestions for how any potential negative impacts on particular groups of students could be mitigated? [Open response]

Regulatory impact assessment

In a regulatory impact assessment, Ofqual considers possible activities resulting from its proposals that might give rise to additional costs and burdens. It also considers, where relevant, any activities that might not take place and that could deliver savings.

Impact on schools and colleges

Ofqual anticipates that schools, colleges and other exam centres wishing to offer the qualification might experience some one-off, direct costs and administrative burdens associated with the following activities:

• familiarisation with the new qualification, assessment materials and guidance from exam boards
• training for teaching staff on the new qualification and assessment materials
• developing teaching resources to support the delivery of the qualification to students

Impact on exam boards

Ofqual expects that any exam board(s) wishing to offer a GCSE qualification in BSL would experience one-off and ongoing direct costs and administrative burdens associated with the following activities:

• familiarisation with the regulatory requirements for the new qualification
• research with stakeholders into potential approaches
• development of their new specification and sample assessment materials
• recruitment and retention of suitably qualified and experienced individuals with expertise in BSL
• information and training for examiners
• information and training for schools and colleges about the new qualification
• ongoing costs associated with the delivery of a GCSE qualification

Ofqual acknowledges the potential for these costs and burdens, but notes that the proposals for the assessment arrangements are necessary to ensure the new qualification(s) can be delivered.

Question 12:

Are there any potential costs or burdens that Ofqual has not identified? [Yes or no]

If yes, what are they?

Question 13:

Are there any steps Ofqual could take to reduce the costs or burdens of the proposals? [Open response]

Annex A: Consultation responses and your data

Why Ofqual collects your personal data

As part of this consultation process, you are not required to provide your name or any personal information that will identify you. However, Ofqual is aware that some respondents would like to provide contact information. If you or your organisation are happy to provide personal data, with regard to this consultation, please complete the details below. Ofqual would like to hear as many views as possible and ensure that this consultation reaches as many people as possible. In order for Ofqual to monitor this, understand views of different groups and take steps to reach specific groups, it may ask for sensitive data such as ethnicity and disability to understand the reach of this consultation and views of specific groups. You do not have to provide this information and it is entirely optional.

Where you choose to respond via video using British Sign Language (BSL), you are not required to provide your name, however, you will be required to provide personal data in the form of images.

If there is any part of your response that you wish to remain confidential, please indicate at the appropriate point in the survey.

Where you have requested that your response or any part remains confidential, Ofqual will not include your details in any published list of respondents, however, it may quote from the response anonymously in order to illustrate the kind of feedback received.

Your data

Your personal data:

• will not be sent outside of the UK unless there are appropriate safeguards in place to protect your personal data
• will not be used for any automated decision making
• will be kept secure

Ofqual implements appropriate technical and organisational measures in order to protect your personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorised disclosure or access and any other unlawful forms of processing.

Your rights: access, rectification and erasure

As a data subject, you have the legal right to:

• access personal data relating to you
• object to the processing of your personal data
• have all or some of your data deleted or corrected
• prevent your personal data being processed in some circumstances
• ask us to stop using your data, but keep it on record

If you would like to exercise your rights, please contact Ofqual using the details below. You can also find out more about Ofqual’s privacy information.

Freedom of Information Act and your response

Please note that information in response to this consultation may be subject to release to the public or other parties in accordance with access to information law, primarily the Freedom of Information Act 2000 (FOIA). Ofqual has obligations to disclose information to particular recipients including members of the public in certain circumstances. Your explanation of your reasons for requesting confidentiality for all or part of your response would help Ofqual balance requests for disclosure against any obligation of confidentiality. If Ofqual receives a request for the information that you have provided in your response to this consultation, it will take full account of your reasons for requesting confidentiality of your response and assess this in accordance with applicable data protection rules.

Members of the public are entitled to ask for information Ofqual holds under the Freedom of Information Act 2000. On such occasions, Ofqual will usually anonymise responses, or ask for consent from those who have responded, but please be aware that it cannot guarantee confidentiality.

If you choose ‘no’ in response to the question asking if you would like anything in your response to be kept confidential, Ofqual will be able to release the content of your response to the public, but it won’t make your personal name and private contact details publicly available.

How Ofqual will use your response

Ofqual will use your response to help us shape our policies and regulatory activity. If you provide your personal details, Ofqual may contact you in relation to your response. Ofqual will analyse all responses and produce reports of consultation responses. The analysis will, where possible, avoid using your name and contact details. Ofqual will only process the body of your response, but in some cases, this may contain information that could identify you.

Sharing your response

Ofqual may share your response, in full, with DfE and The Institute for Apprenticeships and Technical Education (IFATE) where the consultation is part of work involving those organisations. Ofqual may need to share responses with them to ensure that its approach aligns with the wider process. Where possible, if Ofqual shares a response, it will not include any personal data (if you have provided any). Where Ofqual has received a response to the consultation from an organisation, it will provide the DfE and IFATE with the name of the organisation that has provided the response, although requests for confidentiality will be considered.

Where Ofqual shares data, it ensures that adequate safeguards are in place to ensure that your rights and freedoms are not affected.

Ofqual uses Citizen Space, which is part of Delib Limited, to collect consultation responses and they act as the data processor. You can view Citizen Space’s privacy notice.

Your response will also be shared internally within Ofqual in order to analyse the responses and shape policies and regulatory activity. Ofqual uses third party software to produce analysis reports, which may require hosting of data outside the UK, specifically the US. Please note that limited personal information is shared. All personal contact information is removed during this process. Where any personal data is transferred outside the UK, Ofqual makes sure that appropriate safeguards are in place to ensure that the personal data is protected and kept secure.

If you submit a BSL response in video form, Ofqual will ask you to send it using the WeTransfer service. WeTransfer will store the video for 7 days before it is deleted automatically. WeTransfer may require hosting of data outside the UK, but will host data inside the EU where it is subject to GDPR. You can view WeTransfer’s privacy notice.

Ofqual will share the video with a third party translation service, Clarion UK. Ofqual will ask them to translate the video into English and then delete the video. You can view Clarion’s privacy notice. Ofqual will also delete any downloaded copies of the video once it has an English translation.

Following the end of the consultation, Ofqual will publish an analysis of responses on its website. Ofqual will not include personal details in the responses published. It may also publish an annex to the analysis listing all organisations that responded but will not include personal names or other contact details.

How long will Ofqual keep your personal data?

Unless otherwise stated, Ofqual will keep your personal data (if provided) for a period of 2 years after the consultation closing date.

If you submit a BSL response in video form, Ofqual will keep the video until it receives a translation into English. Ofqual will treat the English translation in line with other responses.

Ofqual’s legal basis for processing your personal data

Where you provide personal data for this consultation, Ofqual is relying upon the public task basis as set out in Article 6(1)(e) of UK GDPR to process personal data which allows processing of personal data when this is necessary for the performance of its public tasks. Ofqual will consult where there is a statutory duty to consult or where there is a legitimate expectation that a process of consultation will take place. Where you provide special category data, Ofqual processes sensitive personal data such as ethnicity and disability, relying on Article 9(2)(g) of UK GDPR as processing is necessary for reasons of substantial public interest.

The identity of the data controller and contact details of Ofqual’s Data Protection Officer

This privacy notice is provided by The Office of Qualifications and Examinations Regulation (Ofqual). The relevant data protection regime that applies to our processing is the UK GDPR^{[footnote 1]} and Data Protection Act 2018 (‘Data Protection Laws’). We ask that you read this privacy notice carefully as it contains important information about our processing of consultation responses and your rights.

How to contact Ofqual

If you have any questions about this privacy notice, how Ofqual handles your personal data, or want to exercise any of your rights, please contact the data protection officer at [email protected]

Ofqual will respond to any rights that you exercise within a month of receiving your request, unless the request is particularly complex, in which case it will respond within 3 months.

Please note that exceptions apply to some of these rights which Ofqual will apply in accordance with the law.

You also have the right to lodge a complaint with the Information Commissioner (ICO) if you think Ofqual is not handling your data fairly or in accordance with the law. You can contact the ICO at:

ICO,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF

Tel: 0303 123 1113

Annex B: Ofqual’s role, objectives and duties

The Apprenticeship, Skills, Children and Learning Act 2009

Ofqual has 5 statutory objectives, set out in the Apprenticeship, Skills, Children and Learning Act 2009:

1) The qualification standards objective, which is to secure that the qualifications we regulate:

1. a) give a reliable indication of knowledge, skills and understanding, and

2. b) indicate:
3. i) a consistent level of attainment (including over time) between comparable regulated qualifications; and
4. ii) a consistent level of attainment (but not over time) between qualifications we regulate and comparable qualifications (including those awarded outside of the UK) that we do not regulate.

2) The assessment standards objective, which is to promote the development and implementation of regulated assessment arrangements which:

a) give a reliable indication of achievement, and

b) indicate a consistent level of attainment (including over time) between comparable assessments.

3.) The public confidence objective, which is to promote public confidence in regulated qualifications and regulated assessment arrangements.

4.) The awareness objective, which is to promote awareness and understanding of:

a) the range of regulated qualifications available,

b) the benefits of regulated qualifications to Students, employers and institutions within the higher education sector, and

c) the benefits of recognition to bodies awarding or authenticating qualifications.

5.) The efficiency objective, which is to secure that regulated qualifications are provided efficiently, and that any relevant sums payable to a body awarding or authenticating a qualification represent value for money.

We must therefore regulate so that qualifications properly differentiate between Students who have demonstrated that they have the knowledge, skills and understanding required to attain the qualification and those who have not.

We also have a duty under the Apprenticeship, Skills, Children and Learning Act 2009 to have regard to the reasonable requirements of relevant Students, including those with special educational needs and disabilities, of employers and of the higher education sector, and to aspects of government policy when so directed by the Secretary of State.

The Equality Act 2010

As a public body, Ofqual is subject to the public sector equality duty. This duty requires Ofqual to have due regard to the need to:

a) eliminate discrimination, harassment, victimisation and any other conduct that is prohibited under the Equality Act 2010

b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it

c) foster good relations between persons who share a relevant protected characteristic and persons who do not share it

The awarding organisations that design, deliver and award qualifications are required by the Equality Act, among other things, to make reasonable adjustments for disabled people taking their qualifications, except where Ofqual has specified that such adjustments should not be made.

When Ofqual decides whether such adjustments should not be made, it must have regard to:

a) the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities

b) the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred

c) the need to maintain public confidence in the qualification

Ofqual is subject to a number of duties and it must aim to achieve a number of objectives. These different duties and objectives can sometimes conflict with each other. For example, if Ofqual regulates to secure that a qualification gives a reliable indication of a Student’s knowledge, skills and understanding, a Student who has not been able to demonstrate the required knowledge, skills and/or understanding will not be awarded the qualification.

A person may find it more difficult, or impossible, to demonstrate the required knowledge, skills and/or understanding because they have a protected characteristic. This could put them at a disadvantage relative to others who have been awarded the qualification.

It is not always possible for Ofqual to regulate so that qualifications give a reliable indication of knowledge, skills and understanding and advance equality between people who share a protected characteristic and those who do not. Ofqual must review all the available evidence and actively consider all the available options before coming to a final, justifiable decision.

Qualifications cannot mitigate inequalities or unfairness in the education system or in society more widely that might affect, for example, Students’ preparedness to take the qualification and the assessments within it. While a wide range of factors can have an impact on a Student’s ability to achieve a particular assessment, Ofqual’s influence is limited to the qualification design and assessment.

Ofqual requires awarding bodies to design qualifications that give a reliable indication of the knowledge, skills and understanding of the Students that take them. Ofqual also requires awarding organisations to avoid, where possible, features of a qualification that could, without justification, make a qualification more difficult for a Student to achieve because they have a particular protected characteristic. Ofqual requires awarding organisations to monitor whether any features of their qualifications have this effect.

In setting its proposed requirements, Ofqual wants to understand the possible impacts of the proposals on Students who share a protected characteristic. The protected characteristics under the Equality Act 2010 are:

• age
• disability
• gender reassignment
• marriage and civil partnerships
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

With respect to the public sector equality duty under section 149 of the Equality Act, Ofqual is not required to have due regard to impacts on those who are married or in a civil partnership.

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1. Please note that as of 1st January 2021, data protection laws in the UK have changed. The General Data Protection Regulation (EU) 2016/679(GDPR) no longer applies to the UK. However, the UK has incorporated GDPR into domestic law subject to minor technical changes. The Data Protection, Privacy and Electronic Communications (Amendment etc.) EU exit Regulations (DPPEC) came into force in the UK on 1st January 2021. This consolidates and amends the GDPR and UK Data Protection Act 2018 to create the new UK GDPR. ↩