Open consultation

Equality impact assessment

Published 5 November 2026

Applies to England

Ofqual is a public body and, therefore, the public sector equality duty in the Equality Act 2010 applies to it. We have considered whether the proposals in this consultation are likely to have an equality impact on students with a protected characteristic, or on other groups who share particular characteristics, such as socio-economic status or caring responsibilities.

When we introduced the reform criteria for tranche 1 V Levels, Foundation Certificates and Occupational Certificates, we considered the main impact of introducing the reform criteria to be on awarding organisations, as set out in the Regulatory Impact Assessment. Some respondents to the consultation thought that a narrower awarding organisation market could reduce responsiveness to diverse student and local needs. Our view was that introducing the reform criteria could potentially have a small positive equality impact, as they would help to ensure the qualifications ultimately available to students would be high quality, consistent and fair. The Qualification Level Conditions (QLCs), now in place, will also help to ensure this.

Regardless of which recognition criteria Ofqual uses, all awarding organisations are required to comply with the General Conditions of Recognition. All awarding organisations are required by Ofqual to: 

• comply with equalities law, removing any unjustifiable disadvantage for students who share a particular characteristic, including students with special educational needs and disabilities (SEND)
• meet Ofqual’s rules on assessment design and have regard to Ofqual’s statutory guidance on designing and developing accessible assessments
• have in place clear arrangements for making Reasonable Adjustments in relation to qualifications which it makes available

We therefore consider that retaining the reform criteria for V Levels and using the original Criteria for Recognition for Foundation Certificates and Occupational Certificates will not have a direct equality impact on any particular group of students. The recognition process is designed to ensure that awarding organisations will have the appropriate level of capacity, capability and governance to develop, deliver and award these qualifications. The QLCs that we have now published will also ensure that these qualifications are high quality, consistent and fair.

Question 7

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

Question 8

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