Board minutes: 21 June 2023
Updated 17 April 2024
Applies to England
© Crown copyright 2024
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This document has been subject to redactions
Date
Wednesday 21 June 2023
Time and Venue
09:00 a.m. in Room 9013 and via TEAMS
Attendees
Board
Sir Ian Bauckham CBE, Chair
Susan Barratt
Hardip Begol CBE
Mark Farrar
Cindy Leslie
Dr Catherine McClellan
Eileen Milner
Chris Paterson
Clare Pelham
Dr Jo Saxton, Chief Regulator
Matt Tee
Frances Wadsworth CBE
Ofqual
Tom Barcham, Director, Strategy and Markets
David Bowden, Executive Director, Finance and Operations
Rebecca Goding, Director of Communications (Interim)
Daniel Gutteridge, General Counsel
Michael Hanton, Deputy Chief Regulator
Catherine Large OBE, Executive Director, Vocational Technical Qualifications
Dr Ian Stockford, Interim Executive Director of Standards, Research and Analysis
Also Present
Senior Manager Strategy (Item 09/23)
Board Secretary
Lydia Waine, Director of Legal Affairs and Governance
Mary Webb, Head of Private Office
Private Secretary
01/23 Welcome and apologies for absence
There were no apologies for absence.
02/23 Declarations of Interest
i. Register of Interests 2023-2024
The Chair reminded Members to advise the Board Secretary if any of their interests changed throughout the year.
The Register of Interests for 2023 – 2024 was approved.
ii. Declaration of Interests
There were no declarations of interest.
03/23 Minutes and matters arising
i. Approval of Minutes
The Minutes of the Board meeting held on 15 March 2023 were approved.
ii. Matters arising from previous Board meetings
The Board was advised that Item 44/22 had been closed but, since publication of papers, the topic has been postponed from the agenda for the Strategy Day to enable more proximate matters to be discussed. It will be picked up at another opportunity and the action will revert to being classed as open as an aide memoire.
All other matters arising from previous meetings have been dealt with and are now closed.
iii. Reports and recommendations from Board committees
The Chairs of the People, Resources and Finance Committee and the Audit and Risk Assurance Committee gave a brief verbal update to the Board on the most recent Committee meetings.
The Minutes from all previous Board Committee meetings that had taken place since the last Board meeting were received and noted.
05/23 Decisions taken by electronic business
The Board noted the one item of electronic business.
06/23 Chief Regulator’s report
The Board received an update from the Chief Regulator.
The Board was advised that the Chair and the Chief Regulator will give evidence on 29 June to the House of Lords 11-16 Education Committee.
The Board was informed that the 2023 summer series is progressing appropriately.
The emerging threat of Artificial Intelligence (AI) to non-examined assessment work was discussed and the Board was advised that Ofqual had provided comment and challenge to JCQ’s Artificial Intelligence (AI) Use in Assessments: Protecting the Integrity of Qualifications guidance. The guidance was published in March 2023, to support centres in their management of non-examined assessment.
On grading, the Board was reminded the policy intent for awarding general qualifications in summer 2023 is to return to pre-pandemic standards with some protection at cohort-level to mitigate for disruption. Assurance was given that everything possible has been done to support overall results being similar to those of 2019 in line with the stated policy intent.
The Board was advised that 2024 will continue to see the first qualification level awards of further new T Levels. Consistent with precedent set for other new qualifications, awarding organisations will be asked to award these assessments generously in the first awards so that students are not disadvantaged. Previous Ofqual research, albeit in a different context, has shown that such effects typically persist for the first 2 to 3 years for reformed qualifications.
The Chief Regulator updated the Board on the VTQ results action plan. 99% of the information required for Checkpoint 1 has been received. The Board was advised that, for the first time, the system knows in advance of results the number of Level 3 VTQs to be issued and 334,000 are due for issue in August 2023. Having clarity on the number of certificates to be issued and being able to publish this is an important step forward in parity of treatment for students, irrespective of the type of qualification that they take. There remains a considerable amount of work still to be done by schools, colleges and awarding organisations before students receive those results. The benefit of this data being collected is absolute clarity of expectations and the ability to identify and resolve issues that could preclude students receiving their results when they expect them. It was also noted that every year there are results that are delayed for legitimate reasons. After the summer it will be important to look at which processes should be carried forward for future years.
On National Assessments, the Board was advised that, in light of negative commentary from the sector, a range of relevant quantitative and qualitative data will be requested from STA. Findings will be reported in early 2024 and analysis will help to establish if there are any lessons to be learned.
The Board was advised cyber security is currently a high priority. Ofqual’s own cyber security measures and controls have been re-certified to industry standards, and there is particular focus on sharing updates and risks with the regulated community.
The Board was updated on the recruitment of significant senior positions.
The Board was advised of an unexpected addendum to the pay remit guidance of a one-off, non-consolidated payment of £1,500 per full-time employee at delegated grades (i.e. below SCS) that will constitute an unbudgeted element to the forecast for the upcoming year. The Board was assured the resulting financial pressures are being actively managed.
07/23 Ofqual Annual Report and Accounts 2022 – 2023
i. Financial Position Report (Outturn 2022/23)
The Board noted the period 12 financial statement presented and that these are the same figures shown in the draft Annual Report and Accounts.
ii. Annual Report on Governance, Risk Management and Control
Following the Audit and Risk Assurance Committee (ARAC) meeting on 20 June 2023, the Board received the Annual Report on Governance, Risk Management and Control. This outlined the work of ARAC in providing assurance of the management systems and controls applied in Ofqual during the period 01 April 2022 to 31 March 2023.
iii. Ofqual Annual Report and Accounts 2022-23
The ED Finance and Operations advised that the Ofqual Annual Report and Accounts had been presented to ARAC on 20 June 2023 and that it had also been endorsed by the People, Resources and Finance Committee.
iv. Receive the report from the External Auditors and Management Representation Letter
The Chair of ARAC advised that the external auditors had a small number of tests still to be completed but that ARAC had received assurance this would all be completed by the end of June and there was no reason to believe the provisional unqualified opinion would change in that time. Written confirmation of this would be received from the external auditors.
The Board noted the time schedule for completion of the external audit report and presentation to ARAC in order for assurance to be given to the Board had not been effective. The dates of the meetings will be reviewed for the preparation of the 2023-24 Annual Report and Accounts.
v. Receive the recommendation of the Audit and Risk Committee
The Chair of ARAC recommended approval of the Annual Report and Accounts to the Board.
RESOLVED
The Board agreed to:
i. Receive and approve the Annual Report on Governance, Risk Management and Control.
ii. Receive the draft Annual Report and Accounts 2022-23.
iii. Receive the Report from the External Auditors and the Management Representation Letter.
iv. Receive the recommendation from the Audit & Risk Assurance Committee on the draft Annual Report and Accounts 2022-23.
v. Approve the draft Annual Report and Accounts 2022-23.
vi. Delegate final sign-off of the Annual Report and Accounts 2022-23 to the Chief Regulator prior to publication.
08/23 Annual Report on Health and Safety
The Annual Report on Health and Safety was presented to the Board by the ED Finance and Operations.
The Board noted that, while Ofqual’s relatively small main office area presents a relatively low risk from a Health and Safety perspective, a particular focus had been placed on mental health and staff well-being.
The Board was advised the review of risks for those working from home would be looked at again.
RESOLVED
The Board resolved to approve the Annual Report on Health and Safety.
09/23 Strategic Risk
The Board considered the Strategic Risk Register and levels of risk tolerance. The Board was advised the Audit & Risk Assurance Committee had reviewed the same at its last meeting in order to provide assurance.
RESOLVED
The Board noted the changes in the Strategic Risk Register and endorsed the proposed risk tolerance for the new risk 12.
10/23 Capacity, capability and governance of Awarding Organisations offering high stakes VTQ assessments
The Board asked to hear more about Ofqual’s learning points and internal auditing from this work. The ED VTQ agreed to bring a further update to the Board in that regard in due course.
ACTION: CL
Matt Tee gave apologies and left the meeting at 11:30 a.m.
12/23 Publication of papers
The Board agreed to publish Open Papers.
13/23 Any other business
There were no items of any other business
Next Board meetings
A Board Strategy Session will be held on Wednesday 12 July 2023.
The next Board meeting will be held in Coventry on Wednesday 11 October 2023.
The meeting ended at 11:44 a.m.