Consultation outcome

Introducing new Criteria for Recognition: Analysis and decisions

Updated 4 June 2026

Background

Ofqual is the independent regulator for qualifications in England. Ofqual’s statutory objectives include securing standards and promoting public confidence in regulated qualifications. Our role is to steward the qualifications system, taking a whole system, long-term, proactive approach to protect the value of qualifications for students and apprentices and to support economic growth. 

Ofqual’s rules, which awarding organisations must follow, are designed to achieve this. Ofqual monitors the application of these rules, supporting compliance and taking regulatory action where necessary. 

In March 2026, Ofqual consulted on the introduction of new Criteria for Recognition to secure the safe and timely delivery of 3 new types of qualification for post-16 students that were announced following the government’s Curriculum and Assessment Review (CAR). The Department for Education’s (DfE’s) Post-16 Pathways Consultation included proposals in relation to some high-level features of the new qualifications, which will be called V Levels, Foundation Certificates, and Occupational Certificates. V Levels are new 2-year, level 3 qualifications aimed primarily at students who want to progress to higher study, higher technical training or apprenticeships. Foundation Certificates are new one-year, level 2 qualifications designed to help students progress to further study at level 3. Occupational Certificates are new 2-year, level 2 qualifications designed to help students progress to employment or an apprenticeship.

DfE also confirmed it expects to introduce these qualifications route by route in tranches, with the first tranche of subjects to be available to teach from September 2027. 

The proposed new Criteria for Recognition would allow Ofqual to ensure any awarding organisation that currently has the capabilities required to successfully deliver the first of these new qualifications, in September 2027, can do so. At the same time, awarding organisations that intend to deliver the new qualifications in the future would be able to use the criteria to understand the capabilities they are likely to need to be recognised by Ofqual. 

In the consultation, Ofqual committed to review its approach to recognition following tranche 1, if its proposals were implemented. Ofqual also committed to consult again in time for the second tranche of the new qualifications (those for first teach in September 2028).

Below we summarise the feedback to our consultation, and the decisions Ofqual has made about the proposed introduction of new Criteria for Recognition. 

Summary of feedback to the consultation 

Respondents were in broad agreement with the proposal to set new Criteria for Recognition for awarding organisations for the first tranche of V Levels, Foundation Certificates, and Occupational Certificates. Those who supported the proposal acknowledged the need for such an approach given the timescales for implementation. 

A key theme in responses was the need for a review of the approach after the first tranche of qualifications. Respondents emphasised the need to review whether the approach would be necessary for Foundation Certificates and Occupational Certificates, given that it was expected there would be different assessment approaches and smaller cohorts for these qualifications. 

Another recurring theme in responses was concern about the impact of the criteria on smaller or more specialist awarding organisations. These organisations would be less likely to be able to meet the criteria, at least for tranche 1. There was also concern about the competitive advantage recognition in the first phase could bring. Some respondents noted that some centres may choose to use the same awarding organisation for subjects in later tranches. 

There were some requests for further clarity on the meaning of the criteria, and on the evidence awarding organisations would be required to provide to show that they were able to meet the criteria. 

Summary of decisions

Ofqual has decided to introduce the new Criteria for Recognition for V Level, Foundation Certificate and Occupational Certificate subjects in tranche 1. Awarding organisations intending to develop qualifications for subjects in tranche 1 will be able to apply for recognition from 8 June 2026. Awarding organisations should carefully consider the new Criteria for Recognition that apply to these qualifications before making an application. 

We have decided to introduce the following Criteria unchanged from our original proposals:

• Criterion A(V) Prior recognition
• Criterion B(V) Expertise
• Criterion D(V) Governance

We have decided to introduce the Criterion C(V) Systems and processes with a small amendment to Criterion C(V).2. 

Ofqual remains committed to reviewing the approach to recognition ahead of tranche 2. We will consider the approach after considering tranche 1 applications and the decisions we make in relation to the proposed new Qualification Level Conditions (QLCs) for V Levels, Foundation Certificates and Occupational Certificates that Ofqual is currently consulting on. 

Ofqual will review the approach to recognition after tranche 1 applications and decisions have been made and consult on the approach to recognition for subsequent tranches in autumn 2026. 

Approach to analysis

The consultation consisted of 11 questions (including 5 questions on equality and regulatory impact assessments) and was published on Ofqual’s website. Respondents could answer as many or as few questions as they wished. The questions are listed in Annex A. Respondents to this consultation were self-selecting, so the sample of those that chose to reply cannot be considered as representative of any group. 

Ofqual engaged interested parties by holding a webinar for awarding organisations on 13 April 2026, direct engagement with individual awarding organisations, posting a blog on the Ofqual website, and posting a news story for awarding organisations on the Ofqual Portal.

Analysis of the consultation questions is presented in the order in which the questions were asked. The consultation was divided into 2 parts:

• Part 1: Our approach
• Part 2: Proposed criteria

Who responded

Ofqual’s consultation on the introduction of new Criteria for Recognition was open between 12 March 2026 and 23 April 2026.

Ofqual received 34 responses to its consultation.

All responses have been considered as part of this analysis. Not all respondents chose to answer all questions.

There were 25 official responses from the following organisation types:

• 22 awarding organisations
• 2 representative or interest groups
• one other organisation that did not identify with any of the categories above who asked for their response to remain confidential

Ofqual also received 9 personal responses from:

• 3 awarding organisation employees
• 2 teachers or lecturers
• one examiner
• one senior leadership team member
• one private training provider employee
• one student

31 respondents were based in England. Two respondents were based in Wales and one in Northern Ireland. 

The list of organisations that submitted responses can be viewed at Annex B.

Analysis and decisions

Part 1: Our Approach (Questions 1 and 2)

What Ofqual proposed

V Levels, Foundation Certificates, and Occupational Certificates are new ‘descriptions of qualifications.’ This means that none of the awarding organisations Ofqual regulates are currently recognised to make those qualifications available. Any awarding organisation that wants to do so must first secure recognition for the relevant description(s).

The importance and complexity of these new national qualifications mean an awarding organisation must have high levels of capacity, capability and governance to secure safe delivery. At the same time, it is important that awarding organisations that can safely deliver the new qualifications are recognised to do so in time for them to develop their qualifications for the first tranche of subjects that will be first taught in September 2027.

Ofqual proposed that the most effective way to achieve this is to set new Criteria for Recognition for these new ‘descriptions of qualifications’. Section 132(2)(b) of the Apprenticeships, Skills, Children and Learning Act 2009 allows us to set different recognition criteria in this way, for different descriptions of qualifications.

Ofqual proposed to introduce the new Criteria for Recognition for the first tranche of subjects, and to review this approach to recognition as the new qualifications are introduced, and specifically between the first and second tranches, during the summer of 2026. 

Consultation feedback

Overall, respondents supported the proposal to set new Criteria for Recognition for V Levels, Foundation Certificates and Occupational Certificates. There was stronger agreement with the proposal to set new criteria for V Levels than for the level 2 qualifications, and slightly stronger agreement for Foundation Certificates than for Occupational Certificates. Amongst awarding organisations, there was significantly more support for setting new criteria for V Levels than for the level 2 qualifications. A representative organisation neither agreed nor disagreed on V Levels but strongly disagreed with the proposal for Foundation Certificates and Occupational Certificates. 

Many respondents recognised that the timescales for implementation of the new qualifications necessitated the proposed approach to recognition but also emphasised the need for a review point after the first phase of recognition. This support was qualified by concerns about market impact and regulatory burden. 

A key theme in responses was concern amongst awarding organisations that the phased approach to recognition, combined with the high bar being set by the new criteria, would prevent some awarding organisations from applying in tranche 1. There was also concern this would give a competitive advantage to those recognised in tranche 1 not only for tranche 1 subjects, but also for later tranches. There was concern that smaller or more specialist awarding organisations would be unable to meet the proposed criteria for tranche 1 if they were implemented unchanged for later tranches. 

Respondents also commented on the regulatory burden resulting from taking a phased approach to recognition rather than allowing awarding organisations to apply for recognition for all V Levels, Foundation Certificates and/or Occupational Certificates at the same time. These respondents emphasised the need for a proportionate approach to recognition for qualifications in tranche 2 and beyond. 

Some respondents who supported the introduction of the new criteria for V Levels, said that the new criteria could be too stringent for Foundation Certificates and Occupational Certificates, which they considered were likely to have smaller cohorts and different delivery models to V Levels. There was strong concern that the proposed criteria would prevent awarding organisations from entering the market for Foundation Certificates and/or Occupational Certificates even though they would have the capacity and capability to offer these qualifications. 

Decision

Ofqual has decided to proceed with the proposal to introduce new Criteria for Recognition for V Levels, Foundation Certificates and Occupational Certificates for qualifications in tranche 1. We have not changed our view, set out in the consultation, that the success of these new, high stakes, national qualifications requires the awarding organisations delivering them to have specific capabilities, particularly in relation to setting and maintaining standards. These expectations are reflected in the new criteria, as well as in the proposals for QLCs (and for V Levels, Subject Level Conditions) on which Ofqual is currently consulting. As the QLCs will not be in place at the time that recognition needs to take place, setting new criteria for recognition is the only way in which Ofqual can ensure that only awarding organisations with those capabilities are recognised. 

Ofqual will consider applications in the context of the range of qualifications that awarding organisations have applied for, and it is not necessary for an awarding organisation to have the experience and capability to offer all of the qualifications and subjects in tranche 1. The criteria allow for awarding organisations with the experience and capability to offer a smaller number of subjects or qualifications to apply for recognition. 

Ofqual will take a proportionate approach in terms of the evidence it expects awarding organisations to provide when applying for recognition for tranche 1 qualifications and expects to draw on evidence already held by Ofqual when taking subsequent recognition decisions. We have launched a new recognition application and expansion online system which includes tailored questions according to the qualification description applied for, and which has the facility to indicate whether evidence submitted can be used for multiple qualifications. In addition, the evidence required will be primarily in the form of summarised text only rather than uploaded documents. Additional evidence will only be requested where it is unclear if an awarding organisation’s response meets the criteria. We will also seek to facilitate the use of existing evidence where an awarding organisation applies for future recognition in future tranches. We wrote to awarding organisations on 18 May 2026 to explain how to apply to expand their scope of recognition to offer V Levels, Foundation Certificates and Occupational Certificates. This included information about the evidence required. 

We acknowledge the potential for an awarding organisation recognised in tranche 1 to have an advantage in being first to market, but we believe this is proportionate given the alternative approaches we set out in the consultation. One alternative would have been to allow applications for recognition using the current Criteria for Recognition, without waiting for the QLCs to be in place. This would mean many more awarding organisations may be recognised for the new qualifications in the first phase, in particular those currently delivering qualifications of a similar level and size and in the relevant subject areas. However, not all those awarding organisations would have the capability, capacity and governance to deliver these important new national qualifications and very few would have experience of delivering similar national qualifications. 

The other alternative approach would have been to wait until the QLCs are in place before recognising any awarding organisation for the new qualifications. This is the approach Ofqual has taken before, for example in relation to the reformed GCSE(9-1) qualification and Technical Qualifications as part of T Levels. This approach would allow us to minimise the risk of recognising awarding organisations that do not have the appropriate capacity, capability and governance, but would place unreasonable pressure on awarding organisations to either develop qualifications in advance of recognition when there is a risk recognition would be refused, or to wait to develop qualifications until after recognition is achieved. 

In considering the risk of competitive advantage, it is also important to note that the size of tranche 1 is very small – only 9 qualifications in 4 sector subject areas are being developed across the 3 types of qualification. In tranche 2, there will be 37 new qualifications.

Part 2: Proposed Criteria (Questions 3 to 6)

Criterion A(V) – Prior recognition

What Ofqual proposed

Ofqual proposed to put in place Criterion A(V) – Prior recognition. The proposed criterion requires awarding organisations applying for recognition against the new criteria to already be recognised by Ofqual. 

Consultation feedback

Most respondents supported the proposed Criterion A(V), with many agreeing that applications for recognition against the new criteria should be limited to awarding organisations already recognised by Ofqual. Respondents said that the proposal would set an important baseline for capacity, capability and governance.

However, some respondents asked for clarity on the extent of the scope of recognition required to meet this criterion, with some questioning whether it would exclude awarding organisations that are currently only recognised for limited or specialist subject areas. 

Decision

We have decided to introduce Criterion A(V) – Prior recognition, as drafted in the consultation. We note that there was some uncertainty amongst respondents about the scope of recognition required. We can confirm that any recognised awarding organisation would meet this criterion regardless of the extent of their current scope. This is because any recognised awarding organisation would have demonstrated their experience or capability in relation to the expectations of Ofqual’s existing Criteria for Recognition. Once recognised, we would expect an awarding organisation to be compliant with the General Conditions of Recognition. 

Criterion B(V) – Expertise

What Ofqual proposed

Ofqual proposed to put in place Criterion B(V) – Expertise. The proposed criterion reflects our initial assessment that the new qualifications will share many features with the large national qualifications Ofqual regulates most closely. These include A Levels, GCSEs and Technical Qualifications in T Level. An awarding organisation that can safely and securely deliver those or similar qualifications is likely to have the necessary expertise to deliver V Levels, Foundation Certificates and Occupational Certificates. 

The criterion sets out the key aspects of expertise an awarding organisation must be able to show when it applies for recognition for the new qualifications. It also explains how that expertise must be demonstrated. Ofqual’s current Criteria for Recognition are future looking. They focus on whether the applicant ‘will have’ the necessary competence. This proposed criterion requires evidence either that the awarding organisation has all the necessary expertise in place at the time of the application (capability) or has delivered qualifications with the required attributes (experience). 

Consultation feedback

There was broad support for Criterion B(V), with many respondents describing the requirements as proportionate, appropriate and important for the development and delivery of high-quality qualifications. 

Some awarding organisations requested further detail on the evidence requirements for the criterion and asked that they should not place undue regulatory burdens on awarding organisations. 

Some respondents questioned why the criterion applied identical expectations across level 2 Foundation Certificates and Occupational Certificates and level 3 V Levels, when they expected there to be significant differences between these qualifications.

There were some specific comments on the drafting of the criterion. In particular, awarding organisations asked for clarity on the requirement to work ‘with other awarding organisations to ensure the maintenance and comparability of standards across similar qualifications.’ It was argued that as this would present a significant challenge for most awarding organisations and that Ofqual should facilitate this. 

Ofqual was also asked to clarify how ‘appropriate scale’ would be determined. Respondents raised concerns about uncertainty over the size of the cohort and number of awarding organisations involved in each subject. They said this uncertainty would make it challenging to evidence that awarding organisations had expertise at the appropriate scale. 

Several respondents queried whether awarding organisations could fulfil the requirements in Criterion B(V) by drawing on the expertise of a parent awarding organisation. 

One respondent asked why the expertise an applicant must demonstrate needed to be subject specific. This related to Criterion B(V).4e – appropriate to the subject areas that relevant qualifications will cover. This is because subject expertise would be tested later, when individual qualifications are reviewed at accreditation. 

Decision

We have decided to introduce Criterion B(V) – Expertise, as drafted in the consultation. In relation to drawing on the expertise of a parent awarding organisation, Criterion B(V).2 states ‘an Applicant’s expertise must be demonstrated through previous experience or existing capability, including through appropriate arrangements with third parties where required.’ Arrangements with third parties could therefore include drawing on the expertise of a parent awarding organisation. 

In relation to determining the ‘appropriate scale’ (Criterion B(V).4a)’ our view is that consideration of likely scale, including best- and worst-case scenarios for volumes, would be part of an awarding organisation’s normal business considerations when considering the viability of a new qualification. We also consider that evidence of being able to respond to market demand, particularly where there is uncertainty, would be part of the evidence an awarding organisation would need to provide. 

In relation to subject expertise, we would expect to see that the right subject expertise is in place at recognition. This would give us assurance that an awarding organisation has the necessary expertise to design, deliver and award qualifications in the relevant subject areas for tranche 1. 

Criterion C(V) – Systems and processes

What Ofqual proposed

Ofqual proposed to put in place Criterion C(V) – Systems and processes. This proposed criterion is intended to ensure only those awarding organisations that have developed reliable systems and processes will secure recognition to award the new qualifications in the first tranche.

The systems and processes we proposed are those an applicant would need to support the delivery of national qualifications. These qualifications involve large cohorts of students. They also require results to be comparable with those issued at the same time by other awarding organisations, as well as over time.

As with the previous proposed criterion, we proposed to require that the systems and processes are established. They must be in place at the time of the application. This differs from the existing criteria of recognition. Under the existing criteria, an applicant can show it has arrangements in place to secure necessary systems, processes and resources at an appropriate point after it is recognised.

Consultation feedback

Overall, there was broad support for Criterion C(V), with respondents welcoming the focus on reliability and operational readiness and the requirement for systems to be proportionate to the intended offer. 

Some respondents expressed concern that this criterion might create unnecessary barriers for some awarding organisations. Specifically, the requirements for systems to be fully operational at the point of application. It was suggested these requirements might discourage innovation.

As with Criterion B(V), some respondents asked whether awarding organisations could fulfil the requirements in Criterion C(V) by drawing on the expertise of a parent awarding organisation. 

We were asked if Ofqual or another organisation would oversee the requirement for ‘data sharing with other awarding organisations to support comparability of standards with other similar qualifications’ (Criterion C(V).2(e)).

Some respondents commented on the proposed systems and processes. We were asked to what extent any of the systems and processes listed at Criterion C(V).2 would need to be subject specific for V Levels or for Foundation Certificates and it was suggested that these qualifications were excluded from C(V).3(e) (appropriate to the subject areas that the relevant qualifications will cover). It was felt that Criterion C(V).3(e) was more relevant for Occupational Certificates and should be restricted to these qualifications. It was also suggested that systems and processes must be appropriate to the purposes of the qualification type.

We also received feedback that Criterion C(V).2 referenced systems and processes relating to scanning, marking, printing and distribution of assessments. These are typical of written assessments but did not reference handling of assessment evidence produced using other assessment approaches.

There were some specific comments on the drafting of the criterion, including a query about what ‘quality assurance’ meant (Criterion C(V).2(d)), given that quality assurance of assessment materials and awards is specifically referred to in Criterion B(V).3(c). 

Decision

We have decided to introduce Criterion C(V) – Systems and processes, with an amendment to C(V).2 to include ‘secure handling of assessments and other materials.’ This addition ensures that appropriate focus is given to security of materials, whether confidential assessment materials or candidate evidence. Those could be in various forms for example, scripts, products, artifacts, and recordings. 

We do not propose to provide a further explanation of ‘quality assurance’ (Criterion C(V).2(d), as it can (and should) be applied as broadly as the awarding organisation thinks is relevant. 

Ofqual currently convenes groups of awarding organisations through technical working groups for A Levels, Technical Qualifications (in T Levels) and current VTQ Performance Table Qualifications. We would expect to do the same for V Levels, Foundation Certificates and Occupational Certificates. Where awarding organisations take on technical work, for example, on work to support inter-awarding organisation comparability, it may be necessary for them to work together and share data outside of those working groups. We would expect awarding organisations to do this securely. 

Ofqual would expect to see that the systems and processes are appropriate to the subjects for which an awarding organisation has applied for recognition. This would give us assurance that an awarding organisation can develop qualifications in the relevant subject areas for tranche 1. This does not mean that the systems and processes in place necessarily need to be different for each subject. 

We have considered the suggestion that systems and processes must be appropriate to the purposes of the qualification type and consider that this would be hard to measure. We have therefore decided not to add purposes to the criterion at this stage. However, we will consider whether it could be incorporated when we review the criteria after tranche 1, and once the qualification purposes have been set in the QLCs. 

Criterion D(V) – Governance

What Ofqual proposed

Ofqual proposed to put in place Criterion D(V) – Governance. This proposed criterion reflects the central importance of an awarding organisation having arrangements in place to make effective and consistent decisions throughout the development, delivery and award of the new qualifications. 

We proposed that when considering a recognition application, we would need to understand how the awarding organisation has identified and implemented the appropriate degree of delegation for key areas. This is to ensure decisions are made swiftly and effectively by decision-makers who understand the broader context and wider impact of those decisions. We know many of these decisions involve balancing competing interests and we will need to understand how the applicant will ensure its decision-makers do so appropriately.

Consultation feedback

There was overall support from respondents for proposed Criterion D(V), who welcomed the inclusion of governance arrangements. They were described as proportionate and clear and a critical element of delivering high-quality qualifications.

A common theme in responses was a concern that the Criterion could lead to a ‘one-size-fits-all’ approach to governance arrangements. Respondents asked Ofqual to consider that different governance models used in both large and small organisations could be effective in delivering high-quality qualifications. 

We were asked, in relation to D(V).3(e), whether the governance arrangements would need to be appropriate to a subject area only for Occupational Certificates as, in the respondent’s view, common governance arrangements should apply for V Levels and Foundation Certificates. 

We were also asked whether permitting arrangements with third parties (Criterion D(V).1) could add complexity and potential conflicts of interest for regulated awarding organisations that were subsidiaries of larger organisations. 

As with Criterion C(V), there was also a query about how widely or narrowly ‘quality assurance’ (Criterion D(V).2(a)) should be interpreted. 

Decision

We have decided to introduce Criterion D(V) – Governance, as drafted in the consultation.

Ofqual does not intend this criterion to lead to a one-size-fits-all approach to governance. Criterion D(V).3 requires awarding organisations to have governance arrangements appropriate to the scale, number of qualifications, number of learners, purposes of the qualifications and subject areas that it applies to be recognised for. Therefore, the governance an awarding organisation has in place will need to reflect the range of the new qualifications it intends to offer in the first tranche. We will need to see evidence that the awarding organisation has identified the right governance model for the nature and scale of its intended offer, and that it has put in place arrangements to ensure its governance will be effective.

In relation to the role of third parties, we would expect an awarding organisation to evidence the governance it has in place to ensure those third parties operate in a way that allows the applicant to comply with its Conditions of Recognition. This includes ensuring the awarding organisation delivering the qualification remains accountable for, and does not delegate, decisions only it should take.

As explained in the section on Criterion C(V), we do not propose to provide further explanation of what ‘quality assurance’ applies to, as it can (and should) be applied as broadly as the awarding organisation thinks is relevant. 

Impact assessments

Regulatory impact assessment (Questions 7 to 9)

What Ofqual proposed

Ofqual has a duty under the Apprenticeships, Skills, Children and Learning Act 2009 to avoid introducing or maintaining unnecessary regulatory burden. In the consultation we set out our assessment of the regulatory impact of our proposals. We sought views on any additional impacts, the magnitude of any costs or benefits, and how to reduce or mitigate the costs associated with the proposals. 

Two considerations cut across our Regulatory Impact Assessment (RIA): our efforts to minimise regulatory burden and our intention to revisit the proposals after tranche 1. We recognised that awarding organisations delivering the new qualifications would face additional regulatory burden through administrative and compliance costs linked to addressing the risks identified in this consultation. We have sought to limit these burdens while ensuring the qualifications meet required standards during development and delivery. As the proposals initially apply to the first tranche of qualifications for first teaching in 2027, we will continue to consider the impacts before confirming arrangements for subsequent tranches.

The RIA set out the anticipated impacts for the following groups:

1. Prospective awarding organisations and awarding organisations

The greatest impact we identified would be on prospective awarding organisations, who would need to undertake 2 sequential recognition processes to enter the market.

For existing awarding organisations, we considered there would be minor to moderate increases in different cost areas, with the greatest impact on awarding organisations without a track record for qualifications of similar scope and scale.

We also recognised that awarding organisations who are not recognised to offer tranche 1 qualifications may lose student numbers and their associated revenue, with differing impacts across awarding organisations.

2. Students, Centres and other stakeholders

The main impacts we identified were the reduction in choice for students and centres, and the initial transition costs of centres familiarising themselves with new awarding organisation processes if they need to move to a different awarding organisation.

Consultation feedback 

Many of the responses confirmed the potential regulatory impacts already considered as part of this consultation. However, some awarding organisations considered that some impacts had been understated. They noted the cumulative burden across multiple tranches and the potential short-term disruption to Centres and students during transition to new qualifications, potentially delivered by different awarding organisations.

Some awarding organisations raised concerns about the potential loss of business where they are unable to offer tranche 1 qualifications, and the consequences of this on their business. Several respondents also highlighted the impact of a phased approach to recognition. Some suggested that early recognition could offer a competitive advantage, with centres unlikely to switch awarding organisation once delivery of the new qualifications has begun. It might therefore lead to longer-term exclusion from the market for those awarding organisations unable to participate in tranche 1.

Respondents also commented on the potential impacts of the proposed approach to recognition on the size of the awarding organisation market. Many respondents suggested that a broader range of awarding organisations would be better able to provide the capacity and expertise needed to meet student needs and ensure qualifications were high quality. Some respondents noted the potential loss of expertise if smaller, specialist awarding organisations were to be outside of the market. Some awarding organisations also said that reduced competition could limit innovation.

Views on the magnitude of impacts were mixed. Some awarding organisations considered Ofqual’s assessment of the scale of the impact broadly accurate, while others considered that the impacts had been underestimated. This was most commonly in relation to costs associated with establishing or scaling up to meet the proposed requirements, including: 

• investment in systems and infrastructure
• governance and compliance arrangements
• staffing and operational capacity
• overall readiness to deliver at scale

Some respondents highlighted the impact on qualification fees, with potential upward cost pressures on awarding organisations leading to higher fees over time. 

While most respondents focused on costs and risks, some awarding organisations identified benefits from our proposed approach to recognition. These included improved consistency and comparability, increased public confidence, and enhanced organisational capability, which could support a more resilient system.

A small number of awarding organisations also suggested that the magnitude of some costs may have been overstated, noting that some organisations may already meet many of the proposed requirements.

It was also suggested that there was insufficient information to assess the magnitude of impacts fully, particularly in relation to future tranches and the final QLCs for V Levels, Foundation Certificates and Occupational Certificates.

Respondents suggested a range of mitigations. This included having early sight of the QLCs and recognising partnerships or consortia models. Other suggestions included providing clear evidence expectations for the recognition process and permitting the reuse of evidence across tranches.

Other awarding organisations proposed more fundamental changes to the proposals, such as differentiated recognition routes for V Levels and level 2 qualifications and greater flexibility for qualifications serving specialist or vocational purposes.

Some respondents also identified impacts on students and centres of the wider government policy to introduce the new qualifications. These responses were out of scope of this consultation.

Decision

We recognise that our proposed approach to recognition and the introduction of the new Criteria for Recognition will result in additional costs and operational impacts, particularly during the first phase. We also recognise concerns about the impacts on the awarding organisation market, existing qualifications, and the potential implications of recognition being phased across multiple tranches.

We have designed the recognition criteria to be proportionate. Our aim is to secure quality while avoiding unnecessary burden. As noted in the decision on Part 1, we considered alternative approaches to recognition. We found they would not secure the necessary quality if we recognised awarding organisations using the existing criteria before the QLCs are in place. Alternatively, they would place undue pressure on awarding organisations if we waited for the QLCs to be in place before considering applications.

We remain of the view that the introduction of the new recognition criteria is therefore the most reasonable approach. 

We acknowledge the importance of providing clarity to awarding organisations on the evidence requirements for recognition in reducing unnecessary costs. Our new recognition application and expansion online system will tailor questions according to the qualification description applied for and will allow the re-use of evidence where appropriate. Additional evidence will only be requested where it is unclear if an awarding organisation’s response meets the criteria. 

We recognise the cumulative impact of wider reforms and the need for co-ordinated communication. We will continue to work with the DfE to support clarity and timing of communication to the sector as implementation progresses.

Equality impact assessment (Questions 10 and 11)

What Ofqual proposed

Ofqual is a public body and, therefore, the public sector equality duty in the Equality Act 2010 applies to it.

We considered the impact of the proposals on students who share a particular protected characteristic and did not identify any negative impacts. We considered that by taking the proposed approach to recognition there could be a small positive equality impact as it will help to ensure the qualifications ultimately available to students will be high quality, consistent and fair. 

We did, however, ask respondents if there are any potential equality impacts (positive or negative) that we had not identified. 

We also asked what steps Ofqual could take to mitigate any potential negative equality impacts resulting from the proposals. 

Consultation feedback 

Around a third of respondents stated there were no additional equality impacts. 

Some respondents highlighted the risks that a narrower awarding organisation market could reduce responsiveness to diverse learner needs and local needs. Other respondents argued that equality impacts had not been sufficiently recognised, especially for SEND learners, socioeconomically disadvantaged learners and those who benefit from practical or alternative assessment approaches.

A small number of respondents said that there could be positive equality impacts arising from increased consistency, clearer national expectations and improved comparability across awarding organisations, arising from DfE policy.  

Decision

The impact of the new recognition criteria is primarily on awarding organisations. However, we consider that by taking this approach to recognition there could be a small positive equality impact as it will help to ensure, in combination with Ofqual conditions, requirements and guidance, the qualifications ultimately available to students will be high quality, consistent and fair. The approach to recognition reflects DfE policy for the new qualifications. However, the equality impacts identified by respondents related to DfE policy are out of scope of this consultation.

Annex A: Consultation questions

Part 1 – Our approach

Question 1
To what extent do you agree with our proposal to set new Criteria for Recognition for:
• V Levels
• Foundation Certificates
• Occupational Certificates

Question 2
Do you have any comments on our proposal to review our approach to recognition as the new qualifications are introduced, and specifically between the first and second tranches?

Part 2 – Proposed criteria

Question 3
Do you have any comments on proposed Criterion A(V)? 

Question 4
Do you have any comments on proposed Criterion B(V)? 

Question 5
Do you have any comments on proposed Criterion C(V)? 

Question 6
Do you have any comments on proposed Criterion D(V)? 

Impact assessments

Regulatory impact assessment

Question 7
Are there any impacts of these proposals that we have not identified? Please outline any additional costs or benefits that you foresee?

Question 8
Are the descriptions of the magnitude of the impacts accurate? Please inform us where we have over or underestimated cost or benefit. We welcome specific quantifiable information to help bolster our understanding.

Question 9
Do you have any suggestions for reducing or mitigating the costs associated with these proposals? 

Equality impact assessment

Question 10
Are there any potential equality impacts (positive or negative) that we have not identified? 

Question 11
Are there any additional steps Ofqual could take to mitigate any potential negative equality impacts resulting from the proposals? 

Annex B: List of organisational respondents

When completing the consultation, respondents were asked to indicate whether they were responding as an individual or on behalf of an organisation. Listed below are the organisations that submitted a response. One organisation asked for their response to remain confidential, and therefore it is not listed below. 

• AAT
• AQA
• Ascentis
• Association of School and College Leaders (ASCL)
• Cambridge OCR
• Chartered Management Institute
• City & Guilds
• Counselling & Psychotherapy Central Awarding Body
• Excellence, Achievement & Learning Limited (EAL)
• Federation of Awarding Bodies
• FDQ Ltd
• Gateway Qualifications
• Highfield Qualifications
• International Baccalaureate
• Lantra
• NCFE
• NOCN Group
• Open Awards
• Pearson Education Ltd
• Professional Assessment Ltd (PAL)
• Skills & Education Group
• University of the Arts London
• VTCT Skills
• WJEC-CBAC