Notice

Notice of direction to Excellence, Achievement & Learning Limited (EAL)

Published 9 May 2025

Applies to England

© Crown copyright 2025

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This publication is available at https://www.gov.uk/government/publications/notice-of-direction-excellence-achievement-learning-limited-eal/notice-of-direction-to-excellence-achievement-learning-limited-eal

On 17 March 2025, Ofqual gave a direction to Excellence, Achievement & Learning Limited (EAL) in relation to incorrect results issued by EAL for an end-point assessment (‘EPA’) qualification. The direction required EAL to identify all Adverse Effects, in connection with the incorrect results issued, to consider whether it would be appropriate to correct those results and to report its findings to Ofqual. 

Ofqual has published information about the direction in this summary form in order to protect the privacy of affected learners.

An assessment for a regulated qualification is intended to measure what the learner knows and can do at the time of the assessment. In the case of an EPA it must comply with the published assessment plan for the qualification.

In 2024 EAL issued results that reflected that more than 75% of learners had failed the qualification as a consequence of their having failed the multiple choice test. This test was one of 3 elements of the assessment for the qualification.

The results were subject to an appeal, following which EAL confirmed that the original assessment was valid and reliable, and the results were correct. It did not therefore uphold the appeal. After receiving employer feedback, EAL issued replacement results to all failed learners. EAL calculated the replacement results using assessments that had not been completed in the required conditions. This was not in compliance with the published assessment plan for the qualification.

Ofqual determined that EAL breached its Conditions of Recognition when it issued the replacement results, because:

  1. a) the alternative assessments used by EAL to calculate the replacement results were not those specified in the assessment plan, and EAL therefore breached Condition EPA1.1
  2. b) the replacement results were incorrect, because those results were not based on appropriate assessments for the qualification, and EAL therefore breached Conditions H5.1 and H6.1(d)
  3. c) EAL failed to identify and mitigate the potential Adverse Effects of replacing compliant results with results which were incorrect, and therefore breached Conditions A6.1 and A6.2

The Direction required EAL to remedy its non-compliance by:

  • identifying the Adverse Effects associated with the incorrect results, in accordance with Condition A7.1, and

  • deciding whether or not to correct the incorrect results in light of those Adverse Effects, in accordance with Conditions A7.1, H6.3(b) and having regard to Ofqual’s guidance on making changes to incorrect results.

EAL was required to report its decision and the rationale for that decision to Ofqual, and to report the decision to the Department for Education.

EAL has complied with the direction and has determined the replacement results were sufficiently valid and reliable and should not be corrected. This reflected the employer’s and provider’s view that the learners were occupationally competent.  Ofqual will be taking no further action in relation to the direction.

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