Notice

Direction under Section 151 ASCLA

Updated 15 July 2026

Applies to England

The Office of Qualifications and Examinations Regulation (“Ofqual”), hereby give this Direction to BIIAB Qualifications Ltd (“BIIAB”) under section 151(2) of the Apprenticeships, Skills, Children and Learning Act 2009 (“ASCLA”), having determined that BIIAB has failed, and is likely to continue to fail to comply with its Conditions of Recognition, with a view to securing compliance with the General Conditions of Recognition. 

1. 1. Restriction on registering new Learners

2. 1.1. BIIAB must not register any new Learner to take any of the following regulated qualifications (“the Specified Qualifications”) unless and until Ofqual has given express written notice to BIIAB that it is authorised to do so: 

   1. a) BIIAB Level 2 Award for Door Supervisors in the Private Security Industry; 

   2. b) BIIAB Level 2 Award for Door Supervisors in the Private Security Industry (Refresher); 

   3. c). BIIAB Level 2 Award for Security Officers in the Private Security Industry; 

3. 1.2. BIIAB must take all reasonable steps to ensure that no Centre: 

   1. a) enrols any new Learner to take a Specified Qualification while the restriction in paragraph 1.1 applies, or 

   2. b) assesses any Learner in respect of a Specified Qualification unless that Learner was registered with BIIAB to take that qualification prior to the date on which this Direction takes effect.   

4. 1.3. BIIAB may at any time apply to Ofqual for written authorisation to register one or more specified Learner(s) for a Specified Qualification. Any request must be made in writing to Ofqual via the Portal and must include evidence, which demonstrates to Ofqual’s satisfaction, how BIIAB has complied with the terms of this Direction and any such further information as Ofqual may require.  

5. 2. Review of Centres delivering Specified Qualifications 

6. 2.1. BIIAB must undertake an independent review (“the Review”) of each and every Centre concerned with or connected to the delivery of the Specified Qualifications. 

7. 2.2. BIIAB must take all reasonable steps to ensure that the Review: 

   1. a) is conducted by competent persons who are independent of BIIAB and the Centres under review; and 

   2. b) is conducted in a manner that is objective, robust and not subject to undue influence, such that the findings are capable of providing reliable assurance to Ofqual; 

8. 2.3. Prior to commencing the Review, BIIAB must provide Ofqual with the proposed arrangements for the Review, which must include: 

   1. a) the details and expertise of the persons proposed to carry out the Review; 

   2. b) the Terms of Reference for the Review; 

   3. c) details of the steps it has taken to ensure the independence of the Review; and 

   4. d) a written description of the approach it intends to take to the Review, including a timetable for the monitoring activities required under this Direction. 

9. 2.4. BIIAB must not commence the Review unless, and until, Ofqual has confirmed in writing that it is satisfied with the proposed arrangements for the Review.  

10. 2.5. The Review must include steps that enable BIIAB to assure itself, and demonstrate to Ofqual’s satisfaction, that it is able to comply with its General Conditions of Recognition, including in particular (but not limited to): 

    1. a) identifying, assessing and managing risks relating to the delivery of the qualifications by its Centres, in accordance with Condition A6; 

    2. b) evaluating whether its arrangements with Centres enable it to comply with its Conditions of Recognition, and are operating effectively, in accordance with Conditions C1 and C2; 

    3. c) identifying and considering any matters which may indicate malpractice or maladministration, and taking appropriate steps in response, in accordance with Condition A8 

    4. d) sharing relevant information, where appropriate, with other awarding organisations (A8.7(b)); 

    5. e) verifying the integrity of the delivery of assessments and the validity of results, in accordance with Conditions G and H. 

11. 2.6. For the purposes of the Review, BIIAB must determine and implement an appropriate and effective programme of monitoring activity in respect of its Centres. 

12. 2.7. The nature, scope and frequency of the monitoring activities must be proportionate to, and informed by, the risks identified in respect of each Centre and must, as a minimum, include: 

    1. a) a physical and unannounced inspection of each Centre to ensure that the premises are suitable for the secure delivery of assessments; 

    2. b) consideration of the competence and suitability of persons involved in the delivery and invigilation of assessment; and 

    3. c) interviews with Centre staff to assess the effectiveness of the Centre’s arrangements for managing risks and preventing malpractice and maladministration. 

13. 2.8. In determining the order in which monitoring activities are undertaken, BIIAB must prioritise Centres by reference to the risks identified in respect of each Centre, including by taking into account the extent to which each Centre has been subject to recent monitoring, and in particular the date of any previous unannounced visit(s).  

14. 2.9. Ofqual may, at its discretion, attend or accompany BIIAB in any activities undertaken for the purposes of the Review, and BIIAB must take all reasonable steps to facilitate any such attendance in accordance with Condition B6. 

15. 3. Information, records and reporting in relation to the Review 

16. 3.1. BIIAB must keep Ofqual informed of its progress in carrying out the Review, including by providing written updates, at such intervals as Ofqual may specify, and at any time upon request. 

17. 3.2. BIIAB must retain full and accurate records of all activities undertaken for the purposes of complying with this Direction, including the Review and all monitoring activities. 

18. 3.3. BIIAB must provide such records to Ofqual upon request. 

19. 3.4. BIIAB must, following completion of the Review, provide Ofqual with a copy of the written report that has been prepared by the independent party confirming the outcome of the Review (“the Review Report”). 

20. 3.5. The Review Report must include sufficient information and evidence to enable Ofqual to understand: 

    1. a). the conclusions reached by BIIAB in respect of each Centre; 

    2. b) the basis on which those conclusions have been reached;

    3. c) any risks identified in relation to each Centre; 

    4. d) any actions taken, or to be taken, in response to those risks 

    5. e) the associated timeline for implementing any actions arising; and 

    6. f) how BIIAB intends to ensure ongoing compliance with its Conditions of Recognition. 

21. 4. Existing Learners 

22. 4.1. Paragraph 1.1 does not apply to Learners who were registered with BIIAB to take a Specified Qualification prior to the date on which this Direction takes effect (“Existing Learners”). 

23. 4.2. BIIAB must refrain from issuing results in respect of Existing Learners until it has: 

    1. a) completed an assurance Pro-Forma (“the Pro-Forma”) in accordance with the requirements under paragraph 5, for each Cohort of Existing Learners for whom it intends to issue results; 

    2. b) internally reviewed the Pro-Forma to ensure that the information recorded is complete, accurate and complies with the requirements of this Direction; 

    3. c) identified and recorded any issues, anomalies or concerns arising from checks undertaken by BIIAB; 

    4. d) recorded details of any further investigation being undertaken in response to any such issues, anomalies or concerns, including where results are subject to review prior to confirmation;  

    5. e) provided to Ofqual: 

       1. i. the number of results it intends to issue for each Cohort of Existing Learners; and 

       2. ii. written assurance that it has completed, in respect of each Existing Learner included within that Cohort, a compliant Pro-Forma that satisfies the requirements of this Direction. 

24. 4.3. Where Ofqual is not satisfied with the information, evidence or assurance provided by BIIAB under this section, Ofqual may require BIIAB to refrain from issuing results for Existing Learners pending further review, including by requiring BIIAB to provide further information prior to the issue of results, and BIIAB must promptly comply with any such reasonable requirements.  

25. 5. Pro-Forma requirements

26. 5.1. In completing each Pro-Forma for Existing Learners, BIIAB must record how it has assured itself that:  

    1. a) each Learner completed the assessment under the required conditions; 

    2. b) the assessment evidence submitted by the Learner has been authenticated as their own work; 

    3. c) where invigilation was undertaken by a Centre, that Centre has complied with BIIAB’s requirements;  

    4. d) the assessment itself was delivered in accordance with BIIAB’s requirements. 

27. 5.2. In completing each Pro-Forma, BIIAB must record the following information: 

    1. a) the date the Pro-Forma was completed; 

    2. b) the assessment date; 

    3. c) the Centre name and Centre approval date; 

    4. d) the qualification title; 

    5. e) the number of Existing Learners in the cohort; 

    6. f) whether invigilation was undertaken by the Centre or another body; 

    7. g) the invigilator reference number(s); 

    8. h) the Centre risk rating (if applicable); 

    9. i) the date and type of latest External Quality Assurance of the Centre; 

    10. j) the date of the latest unannounced visit to the Centre; 

    11. k) whether BIIAB has any outstanding improvement points, malpractice or maladministration cases open for the Centre. 

28. 5.3. BIIAB must retain sufficient evidence to support all matters recorded in each Pro-Forma for a period of 3 years and must provide such evidence to Ofqual promptly on request.  

29. 5.4. With effect from the date on which this Direction takes effect, the requirements of this Direction replace those imposed under the Notice issued to BIIAB under General Condition H6.2 on 18 September 2025.  

30. 6. Communications to Centres 

31. 6.1. BIIAB must, as soon as reasonably practicable, and in any event no later than 5 working days after the date on which this Direction takes effect: 

    1. a) prepare communications to notify every Centre concerned with or connected to the delivery of the Specified Qualifications of: 

       1. i. the restrictions set out in paragraphs 1.1 and 1.2 of this Direction; and 

       2. ii. the steps Centres must take to ensure that BIIAB can comply with those restrictions. 

    2. b) provide Ofqual with a copy of those proposed communications prior to issuing them to Centres. 

32. 6.2. BIIAB must ensure that any communications to Centres are limited to what is necessary for compliance with this Direction and do not disclose any matter which could prejudice the Review, any investigation under Condition A8, and/or any regulatory investigation by Ofqual. 

33. 6.3. BIIAB must not issue the communications referred to in paragraph 6.1 until: 

    1. a) it has had regard to any comments provided by Ofqual;  

    2. b) Ofqual has confirmed it does not have any comments to provide; or 

    3. c) 2 working days have elapsed since providing the proposed communications to Ofqual without Ofqual providing any comments.  

34. 6.4. BIIAB must issue the communications referred to in paragraph 6.1 within 2 working days of complying with paragraph 6.3, and must promptly provide Ofqual with written confirmation, including copies of the communications issued, that it has done so. 

35. 7. Learner protection and transfer  

36. 7.1. BIIAB must take all reasonable steps to ensure that Learners are not adversely affected by the restrictions imposed under this Direction.  

37. 7.2 This includes, where appropriate: 

    1. a) facilitating the transfer of Learners to another awarding organisation;  

    2. b) cooperating with any other awarding organisation for that purpose; and  

    3. c) providing such information and assistance as may reasonably be required to enable Learners to complete their qualifications. 

38. 7.3. BIIAB must provide to Ofqual, upon request, information on the steps it has taken to comply with this section. 

39. 8. Interpretation and Definitions 

40. 8.1. “Cohort” means a group of Learners who undertake an assessment for the same qualification at the same time, under the same conditions and at the same location. 

41. 8.2. Unless otherwise defined, the rules of interpretation and definitions outlined in General Condition J1 shall apply to this Direction.  

42. 8.3. The requirements imposed by this Direction apply in addition to the requirements imposed by the General Conditions of Recognition and any relevant Qualification Level Conditions and Subject Level Conditions.  

43. 8.4. To the extent that there is any inconsistency between (a) a requirement of this Direction, and (b) a requirement of a General Condition of Recognition, a Qualification Level Condition or a Subject Level Condition, such that BIIAB could not comply with both such requirements, the awarding organisation must comply with the requirement of this Direction and is not obliged to comply with the requirement of the other Condition.  

Date: 2 July 2026 

Supplementary Notes to Direction 

1. Ofqual may share information relating to this Direction with other regulators or authorities where it considers it necessary to do so. 

2. Ofqual may publish this Direction, in whole or in part, on its website unless Ofqual is satisfied that there is a legitimate reason why publication would not be appropriate. 

3. Ofqual may require BIIAB to pay costs incurred by Ofqual in connection with imposing this Direction. 

4. Ofqual may amend or revoke this Direction, having given notice of its intention to do so and having regard to any representations made. 

5. Failure to comply with this Direction may result in enforcement action, including action through the courts and/or further regulatory action. 

6. This Direction does not preclude Ofqual from: a) alleging further breaches of the Conditions of Recognition; or b) taking any additional regulatory action it considers appropriate. 

Requests for information 

1. Failure to provide any information required in connection with this Direction may constitute a failure to comply with this Direction. 

2. Any information provided to Ofqual may be retained and used in connection with the exercise of its statutory functions. 

3. Where information is requested, BIIAB must ensure that it is transferred securely and in accordance with applicable data protection legislation. 

4. Ofqual may be required to disclose information under the Freedom of Information Act 2000 and will determine whether any exemption applies. 

5. Ofqual may share information provided to it with other agencies or authorities where appropriate or required by law.