Chartered Institute of Legal Executives (CILEx)
||Breach of General Conditions A5.2(a), A5.2(c), A5.2(e), C1.1(a), C2.5(a), C2.3, A6.1, G8.1(b) and EPA1, G9.1, G9.2(a), G9.2(d), G9.2(e), H5.1, H6.1(e), A4.6 and A4.7, G7.2
||Notice of Intention to impose a monetary penalty
On 22 March 2019, CILEx formally admitted that it had failed to comply with its Conditions of Recognition in relation to a series of delivery failings in the End Point Assessment for the Level 3 Paralegal Apprenticeship in June 2018. The failings occurred during both the Timed Assessment and Interview components of the assessment and affected the entire cohort of 73 Learners.
CILEx notified Ofqual at the time of the incident and engaged with Ofqual (as its External Quality Assurer) to discuss its approach to determining results in order to mitigate any Adverse Effects on Learners. CILEx conducted its own investigations into the root cause of the delivery issues and has implemented a Technical Action Plan of improvements to secure its future compliance with the Conditions.
On 18 April 2019, Ofqual formally issued CILEx with a notice explaining our intention to fine it £50,000, unless by 30 September 2019, CILEx submits to Ofqual a Statement of Assurance confirming that:
a) it has successfully implemented all of the recommendations and actions set out in its Technical Action Plan; and
b) it has successfully delivered the Level 3 Paralegal End Point Assessment to the cohort of apprenticeship Learners sitting the EPA in June 2019, in full compliance with the Conditions.
in which event, the amount of the Monetary Penalty shall be reduced to a nominal sum of £1,000.
Or, in the event that representations are received from interested parties or another relevant intervening factor occurs, such other amount between £1,000 and £50,000 as the Enforcement Committee considers appropriate.
Ofqual has taken this approach to enforcement action in order to prioritise a focus on future improvements and to reflect the unusual circumstances of this case, including that CILEx operated the EPA at a financial loss in 2018 and expects to continue to do so for the foreseeable future.
CILEx has agreed to pay a Monetary Penalty to Ofqual and to submit a Statement of Assurance in the terms specified above.
Interested parties now have the opportunity to make representations.