Consultation outcome

Decisions: Regulatory framework for apprenticeship assessment

Updated 3 December 2025

Introduction

In February 2025, the Department for Education (DfE) published its Apprenticeship Assessment Principles. These principles set out a range of changes to the current end-point assessment (EPA) approach to assessment. They will apply to all apprenticeships, at all levels, and will apply to foundation apprenticeships as well as to specialised apprenticeships.

Through its principles, DfE intends to streamline the assessment process for apprenticeships by enabling more design and delivery flexibility, so that:

• assessment is more proportionate to the competency being tested and duplication is removed
• assessment can happen on programme
• training providers can deliver and mark elements of the assessment, with appropriate oversight

To reflect these changes, the existing assessment plans on which all EPAs are based will be streamlined, on a phased basis, by Skills England. Employers’ views on assessing the competence of apprentices will continue to be important, but much of the detail included in the existing assessment plans will be removed, with awarding organisation given more flexibility when designing and delivering assessments that meet the employer-set occupational standard.

Ofqual consulted between 20 June and 27 August 2025 on a revised approach to regulating apprenticeship assessment which was designed to embed DfE’s principles while upholding the validity and reliability of assessments in line with Ofqual’s regulatory objectives.

This document sets out Ofqual’s decisions following the consultation. In reaching these decisions, Ofqual has considered the feedback received through responses to the consultation as well as views expressed by stakeholders at events held during the consultation period.

Summary of decisions

Ofqual has decided to implement policy proposals in the following areas. We have explained below where we are proposing to make changes to our proposals following the consultation.

On qualification purposes

• To require awarding organisations to design apprenticeship assessments that are in line with nationally set general purposes which will be included in Ofqual’s regulatory framework.

We have revised the general purposes following our policy consultation and will consult on the revised drafting.

• To require awarding organisations to explain how they have designed apprenticeship assessments that reflect the nationally set general purposes, in the proposed order of priority, and justify any trade-offs they have made between these purposes.
• To require awarding organisations to develop specific purposes for individual apprenticeship assessments in line with the proposed general purposes.

On content

• To require awarding organisations to explain how their apprenticeship assessment covers the knowledge and skills set out in the relevant occupational standard published by Skills England.
• To require awarding organisations to design apprenticeship assessments that:
  • cover the assessment outcomes set out in the apprenticeship assessment plans published by Skills England
  • comply with any requirements regarding coverage of content and assessment outcomes set out in the apprenticeship assessment plans published by Skills England

On assessment structure and synoptic assessment

• To require awarding organisations to comply with any requirements on when assessment should take place, as set out in an apprenticeship assessment plan published by Skills England.
• To require awarding organisations to include a proportion of synoptic assessment in their assessment design.

We propose to revise the definition for synoptic assessment, from that on which we consulted, to provide greater clarity and will consult on the revised drafting.

• To require awarding organisations to have regard to Ofqual guidance on synoptic assessment when designing their apprenticeship assessments.
• We propose to move away from quantifying the proportion of synoptic assessment as a percentage, as we proposed in the policy consultation, and to provide an explanation in our guidance of the factors that awarding organisations should consider when determining their approach to synoptic assessment. We will consult on this guidance.

On setting assessments

• To require awarding organisations to set all assessments.

We will include a definition of setting in our guidance, on which we will consult.

• To permit awarding organisations to allow centres to adapt assessments, within certain parameters.

On marking assessments

• To require awarding organisations to mark a proportion of the assessments in an apprenticeship assessment.
• To permit awarding organisations to allow centres to mark a proportion of the assessments in an apprenticeship assessment with appropriate oversight.
• To require awarding organisations to have regard to Ofqual guidance on marking approach.

We propose to move away from quantifying the proportion of marking by an awarding organisation as a percentage, as we proposed in our policy consultation, and to provide an explanation in our guidance of the factors that awarding organisations should consider when determining their marking approach. We will consult on this guidance.

• To require awarding organisations to have regard to any requirements on marking specified in an apprenticeship assessment plan published by Skills England.
• To require awarding organisations to have regard to guidance published by Ofqual for Condition H2 (Centre Assessment Standards Scrutiny where an assessment is marked by a Centre) and Condition C2 (Arrangements with Centres).

On assessment design

• To require awarding organisations to have regard to guidance published by Ofqual in relation to assessment, which will cover setting the assessment, assessment structure and synoptic assessment, assessment methods, optional tasks or assessment methods, content coverage and sampling, and adaptation of assessments
• To require awarding organisations to comply with any requirements related to assessment design included in an apprenticeship assessment plan.

On grading and standard setting

• To require awarding organisations to comply with the grading scale and performance descriptors for a pass grade (and any other grade) included in an apprenticeship assessment plan published by Skills England.
• To require awarding organisations to have regard to guidance specified by Ofqual in relation to standard setting for knowledge tests and directly graded assessments.

On assessment strategies

• To require awarding organisations to establish, maintain and keep under review an assessment strategy for each apprenticeship assessment they make available.

On employer engagement

• To require awarding organisations to have regard to Ofqual guidance on engagement with employers with when designing and reviewing their apprenticeship assessments.

On disapplication of General Conditions

• To disapply Conditions E7 (Total Qualification Time), E8 (Credit), E9 (Qualification and Component levels), I3 (The design and content of certificates) and I4 (Issuing certificates and replacement certificates).

We have decided to disapply Condition E9, in addition to the other Conditions on which we consulted, in line with the approach taken for EPA.

On transition arrangements

• To require awarding organisations to comply with Ofqual’s transition arrangements.

Purposes

What Ofqual proposed

To ensure that apprenticeship assessments are designed with clear purposes in mind, Ofqual proposed to set out general purposes for all apprenticeship assessments. Ofqual sought views on the following general purposes.

Purpose A: Enabling the apprentice to acquire and demonstrate the knowledge and skills specified in the occupational standard, to reflect the level of competence required

Purpose B: Providing employers with reliable evidence of an apprentice’s attainment against the relevant knowledge and skills so they can have confidence that the apprentice has reached the expected performance standard and use the evidence to make employment decisions

Purpose C: Building the apprentice’s confidence in the workplace and motivating them to develop their occupational competence

When designing an apprenticeship assessment, awarding organisations would be expected to meet these general purposes to the greatest extent possible, but where design trade-offs need to be made, they would be expected to prioritise the purposes in the order set out above – Purpose A, then Purpose B, then Purpose C.

In addition to the general purposes, we proposed to require awarding organisations to develop specific purposes for individual apprenticeship assessments in line with the proposed general purposes.

Responses received

Respondents broadly supported Ofqual’s proposal to set general purposes for apprenticeship assessment, recognising their potential to bring clarity about what apprenticeship assessments must deliver for apprentices. Some respondents also saw the potential of the general purposes to promote consistency and comparability across awarding organisations, although others felt the purposes were too high level to do this effectively.

There was support for the proposal to require awarding organisations to explain how they had balanced the purposes in their assessment design. Respondents mostly supported the proposal for awarding organisations to develop specific purposes for their apprenticeship assessments, although some said that this could add regulatory burden.

Respondents mostly supported the proposed prioritisation of the general purposes, although some respondents thought that the purposes should be of equal importance. A few respondents proposed different orders of prioritisation for the general purposes, while others thought that the order of prioritisation should differ depending on the occupational standard.

We also received feedback on the drafting of the purpose statements and their intended meaning which Ofqual has taken into account when finalising the purposes for inclusion in the draft regulatory framework.

Decision

Ofqual has decided to implement these consultation proposals but has made some changes to the drafting of the Purpose A and Purpose C.

We will specify general purposes for apprenticeship assessment in our regulatory framework so that all apprenticeship assessments are designed with the same clear purposes in mind.

The prioritisation of the general purposes remains Purpose A, then Purpose B, then Purpose C. This will apply to all apprenticeship assessments across all occupational standards. We acknowledge the feedback that the purposes are high-level, but this is intentional so that they are applicable to the full range of occupational standards and apprenticeship assessments.

Awarding organisations will be required to ensure that the apprenticeship assessments that they design meet all the general purposes and to explain any trade-offs in design that they have made. They will also have to develop specific purposes for each of their apprenticeship assessments which are in line with the proposed general purposes. We note the feedback that this may cause some regulatory burden for awarding organisations but consider that having clarity of purpose will be important for all Users of apprenticeship assessment.

The revised purposes, on which we will consult, are as follows.

Purpose A: Enabling the Learner to acquire the knowledge and skills specified in the Occupational Standard, so that they can demonstrate occupational competence, at the appropriate level, in different but comparable contexts to those in which the knowledge and skills were acquired (for example, with a different employer)

Purpose B: Providing employers with reliable evidence of the Learner’s attainment against the relevant knowledge and skills so that they can have confidence that the Learner has reached the expected performance standard and use the evidence to make employment decisions

Purpose C: Building the Learner’s confidence in the workplace

Acquisition of the knowledge and skills set out in the occupational standard is key to the apprentice achieving the necessary level of competence. The revised drafting of Purpose A is intended to make it clearer that the acquisition of knowledge and skills leads to the demonstration of occupational competence which will be assessed by the awarding organisation. Apprentices should acquire all the knowledge and skills set out in the occupational standard even though they may only be expected to demonstrate sufficient knowledge and skills to demonstrate occupational competence, in line with Skills England’s sampling approach. It also important that the apprentices’ acquisition of the knowledge and skills is transferable and not limited to the expectations of single employer.

We have not made any changes to the drafting of Purpose B. We considered the feedback that ‘employment decisions’ is open to interpretation but felt that this flexibility reflects the varied workplace contexts in which apprenticeship assessment results will be used.

We have revised Purpose C to take into account feedback that it would be difficult to measure whether the design of an apprenticeship assessment is motivating for apprentices. The revised drafting of Purpose C is intended to steer awarding organisations to consider how their apprenticeship assessment design can build the confidence of apprentices by making them relevant to the workplace and well aligned to the knowledge and skills in the relevant occupational standard published by Skills England.

Content

What Ofqual proposed

To ensure that the content is being covered appropriately, Ofqual proposed to require awarding organisations to explain how the content of their apprenticeship assessment covers the knowledge and skills set out in the relevant occupational standard published by Skills England.

We also proposed to require awarding organisations to design apprenticeship assessments that cover the assessment outcomes and comply with any requirements in relation to coverage of content set out in the apprenticeship assessment plan published by Skills England.

Responses received

There was broad support for Ofqual’s proposals relating to the coverage of content in apprenticeship assessments. Many respondents agreed that awarding organisations should be required to explain how their assessments reflect the knowledge and skills set out in the relevant occupational standards and assessment outcomes published by Skills England. This was seen as an important way to enhance stakeholder confidence and ensure assessments are valid measures of occupational competence. It would help to ensure that assessments are fit for purpose and may address concerns about validity in the current EPA model, allowing awarding organisations to assess knowledge and skills more effectively.

However, many respondents raised concerns about consistency and comparability across awarding organisations. It was felt that increased flexibility in assessment design and coverage of the content could lead to very different assessment approaches, potentially undermining clarity and credibility for apprentices, employers, and providers. A few respondents suggested that competitive pressures might incentivise awarding organisations to design assessments that are easier to pass, risking a lowering of standards.

Some respondents felt that clearer guidance and more explicit specification of assessment methods and sampling approaches in the assessment plans would help maintain consistency. Ofqual was also asked to provide worked examples, templates and case studies to support consistent implementation of the content required by assessment plans.

Others stressed the importance of retaining employer input and ensuring assessment plans remain relevant to evolving industry needs.

Decision

Ofqual has decided to implement these consultation proposals.

We will require awarding organisations to explain how the content of their apprenticeship assessment covers the knowledge and skills set out in the relevant occupational standard published by Skills England. This will ensure that the content of all apprenticeship assessments is relevant to the occupation the apprentice has trained in.

We will require awarding organisations to design apprenticeship assessments that cover the assessment outcomes and comply with any requirements in relation to coverage of content set out in the apprenticeship assessment plan.

Ofqual recognises the need to balance greater flexibility in assessment design with the need for sufficient consistency and comparability to maintain confidence in apprenticeship assessments. Comparability will be driven by the knowledge and skills set out in the occupational standard, which awarding organisations will be required to cover, and explain how they have covered, in their assessment design. The assessment plans will also drive comparability through the assessment outcomes, the identification of any mandatory assessment methods or knowledge and skills statements, and the grading scales and performance descriptors.

Under Ofqual’s General Conditions, awarding organisations are required to ensure comparability of their assessments across centres and over time. In line with Skills England’s intention to permit sampling of knowledge and skills statements (as long as every assessment outcome is covered), Ofqual will not require awarding organisations to cover every knowledge and skills statement.

Some awarding organisations wanted Ofqual to provide exemplars and templates of appropriate approaches to the sampling of content. We do not intend to do that but will set out in guidance the factors that awarding organisations should consider when developing their sampling approach so that different versions of the assessments are comparable and enable the apprentice to demonstrate occupational competence. Awarding organisations will be required to determine and justify their own approach to sampling of content, in line with any requirements in the assessment plan, having regard to our guidance.

Assessment structure and synoptic assessment

What Ofqual proposed

Ofqual proposed to require awarding organisations to design their assessments to include synoptic assessment. We proposed to define synoptic assessment as requiring the apprentice to:

identify and use effectively, in an integrated way, an appropriate and substantial selection of knowledge and skills from the Occupational Standard

We proposed that the scope of any synoptic assessment should be sufficient to enable the demonstration of the apprentice’s competence in line with the requirements in the occupational standard and apprenticeship assessment plan, for example 40%. We also proposed to issue guidance setting out the factors that awarding organisations should consider when developing their approaches to synoptic assessment.

We did not propose to prescribe when synoptic assessment takes place, nor that synoptic assessment must be marked by the awarding organisation. Awarding organisations would be required to explain and justify their approach to assessment structure and synoptic assessment.

Responses received

There was strong support for the inclusion of synoptic assessment in the design of an apprenticeship assessment, although some respondents thought that we should be more prescriptive about the proportion of synoptic assessment. Some respondents also thought Ofqual should specify that synoptic assessment should take place towards the end of the apprenticeship programme and that it should be delivered and marked by the awarding organisation or someone working on behalf of the awarding organisation.

Some respondents said that the indicative 40% figure we proposed to include in guidance was too low to ensure meaningful integration of knowledge and skills.

We were also asked how the 40% should be determined and described and to clarify our expectations through examples and guidance.

Respondents also asked us to clarify our definition of synoptic assessment, including defining some of the terms used in the definition such as ‘substantial’ and ‘appropriate’.

Some respondents were also concerned about the potential for duplication of content between the synoptic assessment and any other assessments. They asked what would happen if an apprentice failed the synoptic assessment which included knowledge and skills that they had already demonstrated in another assessment.

Decision

Ofqual has decided to implement these consultation proposals but with 2 changes, on which we will consult.

We have made changes to the drafting of the definition for synoptic assessment and how we describe the proportion of synoptic assessment in an apprenticeship assessment.

We consider that synoptic assessment is essential for apprentices to be able to demonstrate their acquisition of the relevant knowledge and skills in an integrated way that reflects their level of occupational competence. We will therefore require awarding organisations to include a proportion of synoptic assessment in their apprenticeship assessment design.

We have revised the definition to make it clearer that synoptic assessment should be considered when the awarding organisation develops their assessment structure.

The revised definition of synoptic assessment is assessment where the apprentice is given the opportunity to:

use, in an integrated way, an appropriate and substantial proportion of knowledge and skills from the Occupational Standard so that the Learner has the opportunity to demonstrate occupational competence at the appropriate level

We have also amplified some of the key terms in the definition, as follows:

‘Integrated’ means that the assessment gives the Learner the opportunity to combine knowledge and skills as set out in the Occupational Standard in a coherent way, so that the Learner can demonstrate occupational competence at the appropriate level, rather than demonstrating them individually in isolation.

‘Appropriate’ means that the assessment gives the Learner the opportunity to apply, and, where relevant, select knowledge and skills relevant to the question or task so that the Learner is able to demonstrate occupational competence at the appropriate level.

‘Substantial’ means that the assessment gives the Learner the opportunity to apply knowledge and skills that represent enough of the Occupational Standard to demonstrate occupational competence at the appropriate level.

We will consult on the revised definition and amplification.

We do not propose to set requirements about the exact proportion of synoptic assessment, when it should take place, or how it must be marked. This is because we believe that these are decisions best taken by the awarding organisation, in line with the knowledge and skills in the occupational standard, any requirements set out in an assessment plan and the overall assessment design for an apprenticeship assessment.

We have considered concerns regarding duplication of content and apprentices passing or failing synoptic assessments, having demonstrated the knowledge and skills in another assessment. Our definition of synoptic assessment will require the apprentice to use an appropriate and substantial proportion of knowledge and skills from the occupational standard An apprentice who failed a synoptic assessment could not be judged to be occupationally competent, given this definition of synoptic assessment we will use, even if they have previously demonstrated those skills in isolation in another assessment. 

In the guidance that we will consult on, we will say that approximately half of each apprenticeship assessment should be synoptic. While some variation is likely to be appropriate in a range of circumstances, a proportion significantly less than half should be regarded as exceptional. Awarding organisations will be required to explain and justify their approach to synoptic assessment in their assessment strategy. In particular, Ofqual will expect there to be a convincing rationale for any lower proportion of synoptic assessment.

We think that describing what we mean by a substantial proportion of the assessment in this way (as opposed to a percentage) is better aligned to the requirements set out in assessment plans, the likely design of apprenticeship assessments, and the assessment methods used. We will also set out in guidance the type of metrics that awarding organisations may use to describe the proportion of synoptic assessment.

We will also set out in guidance possible approaches that awarding organisations may consider, to mitigate the risk that apprentices are entered for synoptic assessment without being appropriately prepared.

Awarding organisations will be expected to justify their approach to assessment structure, synoptic assessment and the timing of assessments in their assessment strategies.

Setting assessments

What Ofqual proposed

Ofqual proposed to require that all assessments in an apprenticeship assessment are set by the awarding organisation and to include a definition of ‘setting’ in our regulatory framework.

We also proposed to permit awarding organisations to allow centres to adapt certain aspects of assessments, provided the validity and reliability of the assessments is maintained.

Responses received

Most respondents were supportive of the proposal that awarding organisations should set all apprenticeship assessments. This was seen as a way to ensure the validity, reliability, and consistency of assessments, and to strengthen public confidence in the outcomes of assessments.

There was broad agreement with the proposed definition of setting the assessment, although some respondents noted that not all assessments are timed.

The proposal to allow training providers to adapt certain aspects of awarding organisation-set assessments generated more mixed responses. Some respondents saw benefits in terms of manageability, authenticity, and accessibility, particularly for apprentices with additional needs or in sectors where equipment can vary between employers. Other respondents were concerned about risks to consistency, validity, safety, fairness, and public confidence and an increased burden on awarding organisations.

Respondents suggested a range of mitigations to address these concerns, including requiring awarding organisations to approve, record, monitor, and quality assure any adaptations. Some called for Ofqual to provide clear guidance and templates to support this process, and to clarify the roles of awarding organisations, training providers, and employers where assessments were adapted.

Decision

Ofqual has decided to implement these consultation proposals.

We will require that all assessments are set by the awarding organisation. This will help to ensure consistency of assessment and that all assessments are appropriately aligned with the knowledge and skills set out in the relevant occupational standard.

We have made some changes to our definition of setting, primarily to reflect that not all assessments will be timed. We propose to define ‘setting’ in the following way:

The awarding organisation must specify, at least:

• the evidence to be generated by the Learner
• the assessment outcomes and the knowledge and skills covered through the assessment
• whether the assessment must be completed in a specified amount of time
• the nature of any support that can be provided to Learners
• any other specified conditions under which the assessment must be completed
• any requirements relating to the submission of evidence

We will permit, but not require, awarding organisations to allow certain aspects of the assessments to be adapted by centres. This is to support the manageability of assessments. We will clarify in guidance that such adaptations may only relate to the context of the questions or tasks, such as the facilities or equipment available, not to the level of demand.

Awarding organisations will be responsible for ensuring that any adaptations made by centres do not undermine the validity and reliability of assessments or fairness to apprentices. We will set out in the guidance the approaches that awarding organisations may consider, to manage these risks, such as approving centre adaptations before they are delivered.

Marking assessments

What Ofqual proposed

Ofqual proposed to require awarding organisations to mark a proportion of assessments in an Apprenticeship Assessment. We also proposed to permit awarding organisations to allow centres to mark a proportion of the assessments in an apprenticeship assessment, with appropriate oversight.

We proposed to issue guidance on the approach to marking apprenticeship assessments. The guidance would set out the risks awarding organisations must seek to mitigate when developing their approach to marking and make clear that these risks might most effectively be mitigated by the awarding organisation marking a substantial proportion of assessments, for example 40%.

We proposed to require awarding organisations to comply with any requirements specified in the apprenticeship assessment plan about the approach to marking, to ensure that any risks to the reliability of assessment and any other sector considerations identified by employers are addressed.

We proposed to issue updated guidance on Condition H2 (Centre Assessment Standards Scrutiny where an assessment is marked by a Centre) and on Condition C2 (Arrangements with Centres).

We also proposed to require awarding organisations to explain their approach to marking so we could hold them to account for their design decisions.

Responses received

There was broad support for Ofqual’s proposal that awarding organisations should mark a proportion of the assessments in an apprenticeship assessment. Many respondents agreed that this would help maintain public confidence and ensure consistent performance standards.

However, some respondents said that the 40% figure was too low, that it was not a substantial proportion, and that a higher proportion would be more appropriate. Some respondents wanted to maintain the current EPA approach and require 100% marking by the awarding organisation, while others wanted dual marking approaches to be permissible, meaning that either the awarding organisation or the centre could mark assessments. Some respondents wanted clarity on how 40% marking by the awarding organisation should be determined.

There was strong support for the proposal for Ofqual to issue guidance on marking approaches and Centre Assessment Standards Scrutiny (CASS). Most of the suggestions for areas to include in the guidance on marking approach related to aspects of CASS, such as how to have oversight of centre marking, whether centre staff should have specific training or qualifications, and how to manage variation in levels of experience and expertise across centres.

Some respondents said they valued independent assessment, by which they meant assessments where marking is carried out by the awarding organisation, and some wanted Ofqual to put in place safeguards against conflicts of interest and inconsistent approaches to marking between centres.

We were also asked to provide support for smaller training providers, to support them to build capacity and capability in marking assessments, and employers, to support them in engaging competently and confidently in assessment processes.

Decision

Ofqual has decided to implement these consultation proposals but has changed the way we describe the proportion of marking by the awarding organisation in an apprenticeship assessment.

We will require awarding organisations to mark a proportion of the assessments in an apprenticeship assessment so that awarding organisations maintain direct oversight of performance standards to help ensure the reliability of results.

Awarding organisations will be permitted to allow centres to mark a proportion of the assessments in an apprenticeship assessment, provided there is appropriate oversight. By appropriate oversight, we mean that the awarding organisation complies with Ofqual’s General Conditions, including Condition H2 (Centre Assessment Standards Scrutiny where an assessment is marked by a Centre).

Awarding organisations must also follow any marking requirements set out in an assessment plan and explain their marking approach in their assessment strategy.

We will issue guidance to assist awarding organisations in determining their marking approach and the proportion of marking by the awarding organisation that will enable them to have sufficient direct oversight of standards.

As with synoptic assessment, we will now describe the proportion in a different way. In the guidance that we will consult on, we will say that approximately half of each apprenticeship assessment should be marked by the awarding organisation. While some variation is likely to be appropriate in a range of circumstances, a proportion significantly less than half should be regarded as exceptional. Awarding organisations will be required to explain and justify their approach to marking in their assessment strategy. In particular, Ofqual will expect there to be a convincing rationale for any lower proportion of marking by the awarding organisation.

We will also issue guidance, to complement the existing guidance for Condition H2, setting out the factors related to centre marking that awarding organisations should consider in this context of apprenticeships.

It will also set out the factors that awarding organisations should consider if they decide to develop assessments which may be marked by the centre or by the awarding organisations so that they can ensure that there is consistent and accurate marking across all assessors.

Ofqual’s General Conditions, including Condition A4 (Conflicts of Interest), require awarding organisations to take all reasonable steps to avoid any part of an assessment being undertaken by any person who has a personal interest in the result of an assessment. The guidance will also set out the factors that awarding organisations should consider where centres that are marking assessments are unable to use independent assessors, so that they can ensure that there is appropriate scrutiny of marking decisions.

Ofqual guidance is intended for awarding organisations to use. Awarding organisations are responsible for ensuring that any centre or employer involvement in the marking or assessment process understands their role and enable the awarding organisation to comply with our regulatory requirements.

Assessment design

What Ofqual proposed

Ofqual proposed to issue guidance on assessment design which would include consideration of content, assessment structure, when assessment takes place and the approach to marking.

We also proposed to require awarding organisations to explain their approach to assessment design and delivery and to comply with any requirements related to assessment design included in an assessment plan.

Responses received

Most respondents supported Ofqual’s proposal to issue guidance on assessment design. It was thought that such guidance would be essential to promote consistency across awarding organisations, particularly considering the increased flexibility introduced by the new approach to assessment plans. Respondents said that that guidance would help mitigate risks to comparability and support the validity of apprenticeship assessments, although a small number of respondents expressed concern that guidance alone may not be sufficient to prevent inconsistent assessment design.

Many respondents emphasised the importance of alignment between Ofqual’s guidance, and any guidance issued by Skills England, to avoid duplication or conflicting expectations.

Suggestions for areas to be included in Ofqual’s guidance included principles of validity and reliability, sampling strategies, appropriate assessment methodologies, resit and resubmission policies, and the integration of on-programme assessment.

Decision

Ofqual has decided to implement these consultation proposals.

We will issue guidance on assessment design, covering:

• Setting the assessment
• Assessment structure and synoptic assessment
• Assessment methods
• Optional tasks or assessment methods
• Content coverage and sampling
• Adaptation of assessments

Awarding organisations will also be required to explain their approach to assessment design and delivery, and to comply with any design requirements set out in the assessment plan. This will balance flexibility for awarding organisations with accountability for their assessment design decisions.

We will work with Skills England to ensure our guidance aligns with theirs and avoids duplication or conflicting expectations.

Grading and standard setting

What Ofqual proposed

Ofqual proposed to require awarding organisations to comply with the grading scale and description of the characteristics of a pass grade (and any other grade) included in an apprenticeship assessment plan when designing their assessments and setting standards.

We also proposed to introduce guidance to support awarding organisations in relation to standard setting, which would cover directly graded assessments and knowledge tests.

Responses received

Respondents generally supported requiring awarding organisations to comply with the grading scale and performance descriptors set out in the assessment plans published by Skills England. This was seen as essential for ensuring consistency and comparability across apprenticeship assessments.

Some employers and representative bodies used the consultation as an opportunity to advocate for Ofqual requiring a ‘pass or fail’ approach to grading, although we did not propose to mandate any particular grading scale for apprenticeship assessment, as this will be specified in the individual assessment plans.

There was strong support for Ofqual’s proposal to issue guidance to support standard setting to promote consistency in standard setting. Some respondents also suggested that the guidance should be tailored to different sectors, occupational standards and assessment methods.

Decision

Ofqual has decided to implement these consultation proposals.

We will require awarding organisations to follow the grading scale and performance descriptors set out in the relevant apprenticeship assessment plan when designing assessments and setting standards. This will support comparability of assessment results for a given occupational standard regardless which awarding organisation developed the assessment.

We will not mandate a specific grading scale for apprenticeship assessments as we expect that this will be specified in the assessment plan for the occupational standard. We will however set out in guidance the factors an awarding organisation should consider when determining its grading scale if the assessment plan does not specify one.

We will issue guidance to support awarding organisations in setting standards for directly graded assessments and knowledge tests, which are likely to be used across all occupational standards. This will set out the approaches that awarding organisations should consider so that they develop robust and consistent approaches to standard setting.

Assessment strategies

What Ofqual proposed

Ofqual proposed to require awarding organisations to develop an assessment strategy covering each apprenticeship assessment they offer. The assessment strategy would have to explain key aspects of the qualification lifecycle, covering the design, development, delivery and award of apprenticeship assessment. 

Responses received

There was support for our proposal that awarding organisations should develop, follow and keep under review an assessment strategy for each apprenticeship assessment they offer, including from awarding organisations. However, several awarding organisations flagged the burden the proposal could place on awarding organisations, particularly smaller ones or those offering only EPA at present, although some also noted that it would mean awarding organisations had to consider vital elements of design, delivery and award. Some respondents also wanted further clarity on how Ofqual would use assessment strategies.

Some respondents wanted further detail on what Ofqual would expect to be included in an assessment strategy. Some also suggested areas for inclusion in any requirements such as risks relating to artificial intelligence (AI), accessibility and inclusivity, and resits and retakes.

Decision

Ofqual has decided to implement these consultation proposals.

We will require awarding organisations to develop an assessment strategy covering each apprenticeship assessment they offer. This will ensure awarding organisations are held to account for their assessment design decisions. Ofqual will take a risk-based approach to reviewing assessment strategies.

We have considered the feedback regarding the potential burden this requirement could place on awarding organisations, particularly smaller ones or those offering EPA only. We consider that the requirement is necessary and proportionate as it will enable Ofqual to hold awarding organisations to account for the design decisions they take. We will minimise the burden by ensuring our requirements are as clear and easy to follow as possible, and we will consider what additional support we can provide to awarding organisations to help them to comply.

The assessment strategy will need to explain key aspects of the qualification lifecycle, covering the design, development, delivery, and award of apprenticeship assessment.

The draft requirements are included in our consultation on the conditions, requirements and guidance through which Apprenticeship Assessment will be regulated and set out in full the areas which the assessment strategy will need to cover. In brief, these are:

• Purpose
• Scheme of Assessment
• Knowledge and Skills
• Assessment design
• Employer engagement
• Setting assessments
• Assessment delivery
• Marking assessments
• Grading and Standard setting

Employer engagement

What Ofqual proposed

Ofqual proposed not to disapply Condition E1 for apprenticeship assessments, which had previously been disapplied for EPA.

We also proposed to issue guidance to assist awarding organisations in complying with Condition E1 (Qualifications having an objective and support) and D3 (Reviewing approach) in the context of apprenticeship assessment.

Responses received

Most respondents supported the proposal not to disapply General Condition E1 and for Ofqual to issue guidance on how awarding organisations may comply with Condition E1 and Condition D3 for apprenticeship assessments.

Some respondents, mostly awarding organisations and representative bodies, were concerned about the expectation that they would engage with employers at the assessment design stage due to the potential for duplication of effort, conflicts of interest and the increase in burden. There was strong support expressed for using existing bodies, such as trailblazer groups and professional bodies, as the mechanism through which awarding organisations could ascertain employer support for their apprenticeship assessments.

Respondents sought clarity in any guidance on what would constitute sufficient engagement with employers, how it should be measured and enforced against by Ofqual, and any expectations regarding frequency and representation of diverse employers’ views.

Decision

Ofqual has decided to implement these consultation proposals.

We will not disapply Condition E1 for apprenticeship assessments. This will ensure that awarding organisations give due regard to employers’ views when designing and developing their apprenticeship assessments.

Awarding organisations must already comply with D3 (Reviewing approach). We will issue guidance on the approaches that awarding organisations should consider in order to meet Condition E1 and Condition D3 in the context of apprenticeship assessments.

We will also clarify that using existing bodies, such as employer groups and professional bodies, will be appropriate to meet both conditions. We will not however quantify the number or types of employers that awarding organisations must engage with. It would not be possible or proportionate to do so for the diverse range of apprenticeship assessments regulated by Ofqual.

Disapplication of certain General Conditions

What Ofqual proposed

Ofqual proposed to disapply the following General Conditions in the new regulatory framework:

• Total Qualification Time (Condition E7), as the expected length of an apprenticeship will be specified for the occupational standard
• Component credit (Condition E8), as there is no scope for a credit system to be applied to apprenticeship assessments
• Certification (Conditions I3 and I4), where the Secretary of State for Education will retain responsibility for apprenticeship certification, as now

Responses received

Respondents strongly supported Ofqual’s proposals to disapply specific General Conditions for apprenticeship assessment.

There was strong agreement that Conditions E7 (Total Qualification Time) and E8 (Credit) should be disapplied, as apprenticeship duration is already defined by occupational standards and funding rules, and credit systems do not align with the holistic nature of apprenticeship assessment.

Respondents largely agreed that Conditions I3 and I4 (Certification) should be disapplied, noting that certification is managed by DfE and duplication would create unnecessary burden. A few respondents expressed concerns about lack of recognition for partial achievement of an apprenticeship.

Some respondents also questioned why we did not propose to disapply Condition E9 (Qualification and Component levels), given it is already disapplied for EPA.

Decision

Ofqual has decided to implement our consultation proposals.

We will disapply the following General Conditions in the new regulatory framework:

• Condition E7 (Total Qualification Time), as this will be defined by occupational standards and funding rules
• Condition E8 (Component credit), as credit systems do not align with the holistic nature of apprenticeship assessment
• Conditions I3 and I4 (Certification), as this will be within DfE’s remit

As certification will be within the remit of DfE, partial achievement of an apprenticeship is not something we can address through Ofqual’s regulation.

We have also decided to disapply Condition E9 (Qualification and Component levels). This is because the level of an apprenticeship assessment will be specified in the relevant occupational standard. We propose to introduce a bespoke version of Condition E9 to reflect this.

Guidance in the current EPA regulatory framework

What Ofqual proposed

Ofqual sought views on whether it would be helpful to carry forward any of the current EPA guidance into the regulatory framework for apprenticeship assessment. 

Responses received

Respondents were strongly supportive of Ofqual carrying forward aspects of the existing EPA guidance into the new regulatory framework for apprenticeship assessment. It was felt that this would help promote consistency, support quality assurance, and provide clarity for awarding organisations during the transition to the new arrangements.

Respondents identified several areas of existing guidance that they considered particularly valuable and appropriate to retain. These included guidance on compliance with assessment plans, managing conflicts of interest, transitioning between versions of assessment plans, qualification titling and specifications, issuing results, and reviewing assessment approaches. Many respondents emphasised the need for this guidance to be reviewed and updated to reflect the revised regulatory framework.

There was broad agreement that the guidance should be clear, proportionate, and reflective of the move away from an EPA-only assessment model, while avoiding duplication with other regulatory documents.

Decision

Ofqual has decided to carry forward parts of the EPA guidance and will issue an updated guidance document, combining the existing guidance where relevant, with the new guidance we consulted upon.

This guidance is intended to support awarding organisations in developing apprenticeship assessments which comply with Ofqual’s General Conditions and the in the new regulatory framework for apprenticeship assessment.

It will cover:

• Compliance with Assessment Plans
• Assessment design
• Grading and standard setting
• Marking approach
• Conflicts of Interest
• Notification to Ofqual of certain events
• Arrangements with third parties
• Arrangements with Centres
• Employer engagement
• Titling
• Qualification specifications
• Marking the assessment
• Centre Assessment Standards Scrutiny
• Issuing results

Transition arrangements

What Ofqual proposed

Ofqual proposed to continue to regulate current EPAs based on the existing assessment plans through the existing EPA regulatory framework (the EPA Qualification Level Conditions and Guidance), and to regulate new apprenticeship assessments, based on new apprenticeship assessment plans, through the new regulatory framework for apprenticeship assessment once it was published.

We recognised, however, that new apprenticeship assessment plans may come into delivery before the new regulatory framework is in place. We therefore proposed that any apprenticeship assessments based on the new assessment plans that went into delivery before Ofqual’s new regulatory framework was in place would be regulated through the EPA regulatory framework.

We also proposed that where it was the case that an apprenticeship assessment based on a new assessment plan was in delivery, it would continue to be regulated through the EPA regulatory framework until apprentices had completed their assessments.

Responses received

Respondents broadly welcomed Ofqual’s proposed approach to transition arrangements, although many commented more widely on the implementation of DfE’s reforms to EPA.

There were differing views on the timing of the introduction of the new regulatory framework. Some respondents called for a fixed cut-off date for the existing EPA regulatory framework, to simplify implementation of the revised regulatory framework, while others stressed the importance of allowing current apprentices to complete their programmes under the existing EPA regulatory framework. It was also suggested that factors such as breaks in learning, and the extended duration of certain apprenticeships, should inform the length of the transition period.

Some respondents referred to the operational burden of complying with dual frameworks during the transition. Running two sets of assessments, EPA and new apprenticeship assessments, in parallel was seen as potentially confusing for employers and training providers, and likely to increase administrative and delivery costs. Awarding organisations said that they would face significant demands as they would have to redesign assessments to align with new plans, update documentation, and manage both models concurrently, especially for longer apprenticeships.

Some respondents were also concerned about the potential impact on apprentices of dual frameworks being in operation. There was also concern about the risk of apprentices being mistakenly entered for the wrong version of the assessment and the need to renegotiate contracts to reflect the new arrangements.

There was widespread agreement that clear, achievable timelines would be essential to support awarding organisations, training providers, and employers in preparing for the changes. Respondents emphasised the need for sufficient lead-in time to allow for assessment design, internal quality assurance, staff training, and operational readiness. Some respondents also raised the importance of alignment between Ofqual, DfE and Skills England in order to ensure a smooth transition from EPA to the new arrangements. Several respondents suggested piloting Ofqual’s new regulatory arrangements prior to full implementation.

Some respondents sought safeguards to ensure that apprentices are not disadvantaged by being switched between versions of the assessment plan for reasons unrelated to their best interests.

There was a request for Ofqual providing guidance on how to manage transitions between versions of assessment plans, including how to determine when a new version requires a new qualification entry on the Register of Regulated Qualifications.

Decision

Ofqual has decided to implement this consultation proposal.

We continue to think that our approach to transition arrangements is the most pragmatic way to regulate apprenticeship assessments in delivery before the new regulatory framework is in operation, particularly as foundation apprenticeship assessments are already in delivery.

We will set out in guidance the factors that awarding organisations should consider when transitioning between versions of assessment plans (including ensuring that apprentices are not advantaged or disadvantaged when transitioning between different versions of an assessment plan), and how to determine when a new version requires a new qualification entry on the Register of Regulated Qualifications.

Some of the concerns raised by awarding organisations will be mitigated by the guidance recently published by DfE which provides further details on how the changes will be implemented. We will continue to work with Skills England and the Department for Work and Pensions to ensure that communications are aligned and to facilitate alignment between our regulatory, funding and delivery arrangements for apprenticeship assessment.

Equality impact assessment

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

In the consultation, Ofqual identified that some of the proposals may have potential positive equality impacts on students. This includes those who share a protected characteristic or socio-economic background. We considered that most of our proposals would have no identifiable equality impact.

The consultation set out Ofqual’s equality impact assessment in relation to the following areas:

• purposes, where we identified a possible positive equality impact
• content, where there was no identifiable equality impact
• assessment structure and synoptic assessment, where there was no identifiable equality impact
• setting assessments, where there was no identifiable equality impact
• marking assessments, where there was no identifiable equality impact
• assessment design, where there was no identifiable equality impact
• grading and standard setting, where there was no identifiable equality impact
• assessment strategies, where we identified a positive equality impact
• employer engagement, where we identified a positive equality impact
• disapplication of General Conditions, where there was no identifiable equality impact
• guidance in the current EPA regulatory framework, where there was no identifiable equality impact
• transition arrangements, where there was no identifiable equality impact

Respondents were asked if there are any other potential impacts (positive and negative) on learners who share protected characteristics that we had not identified, and whether there are any additional steps that could be taken to mitigate any possible negative impact, resulting from the proposals, on learners who share a protected characteristic. Respondents were also asked if they had any other comments on the impacts of the proposals on learners who share a protected characteristic.

Responses received

Respondents expressed a range of views on the equality impacts of Ofqual’s proposals for regulating apprenticeship assessments.

Some respondents saw increased flexibility in assessment as a way to improve accessibility, particularly for apprentices with disabilities, neurodivergence, or those from disadvantaged backgrounds. However, others warned that this flexibility could lead to inconsistent delivery and application of reasonable adjustments, which might disadvantage apprentices with learning difficulties and disabilities and those from disadvantaged backgrounds.

Several respondents raised concerns about a possible shift towards more knowledge-based testing, which they felt could negatively affect apprentices who would benefit from practical assessment approaches. The introduction of synoptic assessment was also highlighted as potentially problematic for neurodivergent apprentices and those with mental health challenges due to the increased cognitive demands of such assessments.

To mitigate these risks, respondents suggested steps such as improved data collection and monitoring of equality impacts, clearer guidance for awarding organisations on accessible assessment design, and greater consistency in applying reasonable adjustments. Some respondents suggested piloting new assessment models with diverse apprentice groups and engaging stakeholders to identify barriers. Some also emphasised the need to ensure assessments are inclusive for apprentices with English as a second language and those who have limited access to resources.

Decision

We recognise the concerns expressed regarding the potential equality impacts of certain types of assessment. However, awarding organisations are already expected to consider their equalities obligations under the General Conditions. Condition D2 requires awarding organisations to ensure that qualifications are designed to be as accessible as possible to Learners, including those with protected characteristics. Condition G1 requires assessments to be fit for purpose and not to discriminate between Learners on the basis of factors other than the knowledge, skills and understanding being measured. Condition G6 sets out expectations for the provision of reasonable adjustments. We feel that these provisions in the General Conditions will ensure fairness for apprentices with protected characteristics.

We note the concerns expressed regarding the potential negative equality impact of increased flexibility in assessment in terms of inconsistent delivery and application of Reasonable Adjustments. We will expect awarding organisations to explain in their assessment strategy how they will manage their responsibilities under the Equality Act in order to ensure no group of apprentices sharing a protected characteristic is disadvantaged by their assessments, including where assessments are delivered by Centres.

Regulatory impact assessment

Ofqual has a duty under the Apprenticeship, Skills, Children and Learning Act 2009 to avoid introducing or maintaining unnecessary regulatory burden. We consider the burden associated with our proposals and work to ensure that our proposals are efficient and that any regulatory burden is necessary to meet our regulatory objectives.

In the consultation Ofqual acknowledged that some of the proposals may have a cost and resource impact on awarding organisations. The consultation set out Ofqual’s impact assessment in relation to the following areas:

• purposes, where we identified a possible increase in regulatory burden on awarding organisations
• content, where we identified a possible increase in regulatory burden on awarding organisations
• assessment structure and synoptic assessment, where we identified a possible increase in regulatory burden on awarding organisations
• setting assessments, where we identified no additional regulatory burden on awarding organisations
• marking assessments, where we identified a possible increase in regulatory burden on awarding organisations
• assessment design, where we identified a possible positive regulatory impact
• grading and standard setting, where we identified a possible increase in regulatory burden on awarding organisations
• assessment strategies, where we identified a possible increase in regulatory burden on awarding organisations
• employer engagement, where we identified a possible increase in regulatory burden on awarding organisations
• disapplication of General Conditions, where we identified a possible positive regulatory impact
• guidance in the current EPA regulatory framework, where we identified a possible positive regulatory impact
• transition arrangements, where we identified a possible increase in regulatory burden on awarding organisations

Respondents were asked if there were any regulatory impacts that we had not been identified arising from the proposals. We asked if there were there any additional steps that could minimise the regulatory impact of the proposals. Respondents were also asked if there were any costs, savings or other benefits associated with the proposals which had not been identified. We also asked if we should consider any additional information when evaluating the costs and benefits of the proposals.

The consultation also sought views on whether there was anything in the proposals that would prevent innovation by awarding organisations offering these qualifications.

Responses received

Respondents broadly agreed with Ofqual’s identification of the main regulatory impacts arising from the proposals, particularly those linked to assessment design and centre marking.

While many respondents acknowledged that the longer-term regulatory burden may be comparable to the current EPA model, there was widespread concern about the short-term impact.

Many respondents anticipated short-term cost increases arising from the proposals, particularly for awarding organisations, due to the need to upskill or recruit staff and manage dual systems during the transition period. Smaller and niche awarding organisations were seen as particularly vulnerable, with some at risk of exiting the market due to limited capacity to meet new requirements.

Some respondents saw potential for long-term savings, but there was uncertainty overall, with several awaiting further detail on Ofqual’s statutory guidance and the timeline for implementation. A few respondents suggested there could be a mismatch between rising costs for awarding organisations and expectations of reduced pricing from training providers.

Awarding organisations acknowledged that while employer involvement is essential for ensuring the occupational relevance of apprenticeship assessments, mandating employer engagement in assessment design could be challenging without clear guidance on the expected level and depth of that engagement.

Decision

We have considered the feedback provided and we still think it is necessary to regulate apprenticeship assessments in the way we proposed. We consider the increased regulatory burden arising from some of our proposals to be proportionate and in line with DfE’s assessment principles. This is because Ofqual needs to ensure that the increased flexibility awarding organisations will have to take regarding assessment design decisions is balanced with appropriate accountability for those design decisions.

We note the concerns raised regarding the potential short-term impact of our revised regulatory approach. We have sought to minimise the increase in regulatory burden where possible, including through the provision of guidance for awarding organisations to refer to when designing and developing their apprenticeship assessments.  

While we acknowledge that aspects of the revised regulatory approach may be challenging for smaller or specialist awarding organisations to adapt to, we believe they are necessary to ensure a regulatory system which balances necessary oversight and accountability with sufficient flexibility and innovation.

To support awarding organisations of all sizes to adapt to the new regulatory framework, Ofqual will provide clear guidance for awarding organisations to refer to when designing their apprenticeship assessments. We have published this in draft form as part of our technical consultation and will publish the final guidance in as timely a manner as possible.

Innovation

Ofqual has a duty under the Apprenticeships, Skills, Children and Learning Act 2009 to have regard to the desirability of facilitating innovation relating to the provision of regulated qualifications. Ofqual has committed to seeking awarding organisations’ views of the impact of its regulatory requirements on innovation and to consider any revisions required in response.

We considered that the proposed regulatory framework for apprenticeship assessment would have a positive impact on innovation, as awarding organisations would be empowered to make design decisions where they are currently unable to do so because of the specificity of assessment plans. We also noted that there would be some constraints placed on awarding organisations by the requirements set out in assessment plans and Ofqual’s proposed regulation.

Responses received

Respondents generally welcomed the increased flexibility in assessment design, suggesting it could encourage creativity and the development of more tailored, context-specific approaches. However, they suggested that this flexibility must be balanced with strong regulatory oversight to safeguard consistency, fairness for apprentices and public confidence. While some awarding organisations saw potential long-term efficiencies arising from integrated assessment design, others felt the increased flexibility could undermine cost-effectiveness.

While some respondents saw opportunities to explore digital tools and AI, others warned that variability in assessment approaches could undermine comparability and trust. A few respondents proposed piloting new models in low-risk areas to support innovation while managing risk.

Decision

We have considered the feedback provided and remain of the view that our revised regulatory framework will have a positive impact on the ability of awarding organisations to innovate in their approaches to apprenticeship assessment.

We note the concerns raised regarding the potential use of digital tools and AI. Under the General Conditions of Recognition, awarding organisations using digital tools or AI will be expected to ensure that assessments are valid, reliable, and manageable, with appropriate oversight and safeguards in place to ensure fairness for apprentices and to uphold validity and reliability.

Next steps

Alongside this decisions document, Ofqual has published:

• an analysis of responses to the policy consultation on the regulation of apprenticeship assessment
• a consultation on the conditions, requirements and guidance through which apprenticeship assessments will be regulated