Transparency data

Chief Regulator’s report: 21 June 2023

Updated 17 April 2024

Applies to England

This document has been subject to redactions

Date

21 June 2023

Title

Chief Regulator’s report

Report by

Dr Jo Saxton, Chief Regulator

Paper for information and discussion 

Recommendations

1. The Board is asked to note the matters reported.

Overview

2. Colleagues and I met with the Secretary of State and Ministers in early May to explain arrangements for the summer 2023 series of exams and formal assessments. This was well received, and a further session is planned ahead of results.

3. The summer series is progressing appropriately. Through our newly convened Taskforce progress towards delivery of Level 3 VTQ results on time in August is on track. In sum, 99% of the information required at new Checkpoint 1 has been received. More than 334,000 results for Level 3 vocational and technical qualifications are due to be issued this August. This visibility is unprecedented, and we will publish this data, along the lines of the GQ entry information, as a further step towards parity of treatment. Associations have also fed back positively; though there remains a significant amount to be done to move from this point to the complete delivery of results.

4. Ofqual’s pre-examinations communications received widespread media coverage.

5. Sir Ian and I will give evidence on 29 June to the House of Lords Committee on 11 to 16 Education.

6. Recruitment to fill key vacant posts in the senior team is progressing well.

7. A one-off payment of £1,500 will be made, we hope during July, to all staff at delegated (non-senior civil service) grades, in line with the Cabinet Office directive following last week’s agreement with the PCS union.

Delivery of the 2023 summer series of exams and formal assessments

General Qualifications

8. The GCSE, AS and A level exam series started on 15 May and will end on 27 June. 28 June is set aside as a contingency day, with additional contingency half-days scheduled for 8 June and 15 June. Exams for the International Baccalaureate are now complete, and the final Pre-U exam will take place on 9 June. 

9. At the time of writing, the series is proceeding relatively smoothly with the typical range of issues arising. Notifications of issues (Event Notifications) from exam boards are comparable to the number reported up until the equivalent point in summer 2022. 

Students unable to take exams due to a disability

10. In summer 2022, as the Board is aware, for the first time a number of qualification awards were made to students with a disability using alternative evidence as a reasonable adjustment, where a disability prevented the student sitting exams. Updated guidance was published by JCQ (the Joint Council for Qualifications, which we contributed to). There has also been a parliamentary debate on the matter since the Board last met, and members of the team and I have met with Caroline Ansell, MP, who has been championing this matter. 

Artificial Intelligence threat to exams and assessments 

11. Ofqual 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 (coursework). This area continues to be a live discussion. 

Vocational and Technical Qualifications (VTQ) summer series of exams and formal assessments

12. As for GQs, the VTQ series to date is largely running smoothly to date.

Awarding in 2023 

2023 Grading

13. As the Board is aware, the policy intent for awarding general qualifications (GCSEs, AS and A levels) in summer 2023 is to return to pre-pandemic standards, but with protection at cohort-level so that overall results are similar to those of 2019, even where the quality of student work is weaker due to disruption. This will be realised by using the pre-pandemic statistical standard to guide the judgement of awarders when setting grade boundaries.

14. Whilst we expect overall results to be similar to pre-pandemic years, I must also remind the Board that actual results will not be known until after the assessments have been sat, marked and awarded. I am assured, nevertheless, that we have done everything it is possible to do to regulate to deliver the policy intent.

National Reference Test 2023

15. The Ofqual national reference test (NRT) took place as planned in February and March with over 13,000 year 11 students sitting GCSE-like questions across a representative selection of schools in England. The NRT is a key tool for ensuring that standards in English language and mathematics are being consistently maintained over time as it gives a unique longitudinal picture. The results remain confidential until GCSE results day in August. In advance of that, however, it is a decision for the Chief Regulator whether or not to make an adjustment to the grading of GCSE English language and mathematics in light of the NRT results. As a reminder, in 2022 I declined to apply any adjustment where the NRT results indicated a downwards trend, as it would have been counter to the wider policy approach of generosity to students.

November 2023 GQ series

16. For the November 2023 GCSE English language and maths awards we are also intending to maintain the standard from summer 2023. Consistent with previous November series these awards will likely place greater weight on judgemental evidence, given that any statistical evidence is likely to be less reliable due to the small and changing cohorts.

VTQs 2023

17. For vocational and technical qualifications (VTQs) taken in schools and colleges, the policy intent for awarding in the 2022 to 2023 academic year is also to return to pre-pandemic standards, taking account of the approach to awarding general qualifications (where appropriate) to ensure that students are neither advantaged or disadvantaged. Given the diverse nature of VTQs (for example, in terms of the structure of the qualifications), awarding organisations will take an approach that is appropriate for each of their qualifications to achieve the policy intent this year.

18. For T Levels awarding organisations have been asked to award generously in the first years of awards to reflect that they are new qualifications. This approach will continue in future series where new waves of T Level assessments are awarded for the first time.

Regulation of National Assessments

Perception of test difficulty

19. The Board will no doubt be aware there was some negative commentary from the sector on the perceived difficulty of the KS2 reading test in May.

20. Following return of results to schools on 11 July, the team will request a range of relevant quantitative and qualitative data from STA. Our findings will be reported in the next Ofqual National Assessments regulation annual report, published in early 2024.

21. This analysis will help us establish if there are lessons to be learned. Any findings will inform our regulatory approach in relation to the development of future KS2 reading tests.

T levels

Students certificating in 2023

22. This summer will be the second certification for the 3 Wave 1 T Levels, and the first certification for the 7 Wave 2 T Levels.

Delay to Wave 4

23. DfE has announced that the first teaching of 4 T Levels has been put back to 2024 (for 3) or to beyond that (for the fourth).

Communications and external engagement activity

24. Since my report to the Board in March about Ofqual’s return to pre-pandemic grading in 2023, with in-built protection for students, communications have increased significantly.

25. Ofqual published the Student Guide and started social media signposting to it. We used a jigsaw infographic from the guide on social media, which saw good engagement. Ofqual has also published a number of blogs about the summer series.

26. Short video explainers featuring Danielle Cartwright (Associate Director, GQ policy and strategic relationships) have been the best performing videos on our social media channels over the last month, specifically the Who are Ofqual clip. Organic reach on social media is a challenge, and new ideas presenting content in different ways like this help us to gain traction with our audiences.

The clip can be seen here.

27. I was interviewed by the BBC’s Education Editor ahead of the start of the exam series, and was able to share the work Ofqual is doing this summer in the interests of all students to ensure high quality qualifications maintain their value within education and are valued by employers, that exams and formal assessments are the fairest way to assess students and that we recognise students have experienced disruption, so grades are returning to normal but with inbuilt protection. Ofqual’s summer arrangements were mentioned in 17 broadcast bulletins and features, including the BBC, Sky News and Global Radio, and 13 online and print articles, including ITV.com, The Times, Telegraph and Mail Online, as a result.

28. I was interviewed by TES for a feature outlining how GCSEs and A levels will be graded this year. The article was the publication’s most read and most shared during the week it was published.

29. Senior colleagues and I are now preparing for results days press conferences with JCQ and will be giving journalist background briefings ahead of time, to support accurate and helpful coverage.

Stakeholder engagement

30. Colleagues and I continue to meet with sector representatives and stakeholder organisations as we head through exams and towards results. This is so we can hear feedback as the series progresses, restate key messages and signpost information and resources.

31. We will continue meeting with stakeholder groups and organising regional webinars for Head teachers after the series to increase understanding of this year’s grading arrangements and to manage the expectations of leaders and governors about results as widely as possible. We have delivered parent webinars to increase understanding of arrangements. Events with university representatives, DfE and UCAS are also in the pipeline.

32. My visits to schools and colleges across England has continued up until the start of the exam series. I spoke with students, teachers and school leaders between the Isle of Wight and Cumbria, Sheffield and London. I visited a school where students were affected by the tragic loss of their headteacher at the start of the year; a school that is England’s smallest secondary school, one dealing daily with knife crime, and another recovering from a wide-ranging asbestos exposure incident.

Long term work on parity

33. Ofqual’s work to look at longer-term opportunities to secure parity of treatment for students across different types of qualifications continues. The resulting report will explore options to build on the work begun via our last results action plan, to further improve parity of treatment, such as how to secure greater coordination between AOs in the VTQ market. I anticipate publishing the report in due course.

AI regulation white paper

34. A response has been prepared to the recent ‘Office for Artificial Intelligence’ White Paper on the regulation of artificial intelligence (AI).

Cyber security

35. Cybersecurity is something we are actively focusing on.

36. By the time of the Board meeting we will have undergone recertification for ISO-27001 which is the standard for Information Management, including security.

2023/24 People, pay 2023-24 and industrial relations

Update on senior recruitment

37. Significant vacancies have either been, or are on track to be, filled since I updated you last.

38. Following a Civil Service Commissioner led recruitment process I am pleased to report that we have appointed an excellent candidate, Matt Trimmer, to the post of ED Strategy. Matt will join us in September, bringing with him a track record in communications earlier in his career, more recently working as Director of Strategy Delivery and UK Partnerships at Macmillan Cancer.

39. Recruitment for an ED of General Qualifications is underway. A number of credible applications were received by the closing date of 2 June, and shortlisting and interviews will take place between mid and end June.

40. A very strong Director of Strategic Relationships for VTQ has been appointed. We will be welcoming back a former Ofqual colleague in July, Lucy Sydney, currently at the Cabinet Office.

41. A good field of applicants was received for the Director of Communications post, and four candidates go forward for interview on 14 June.

Pay 2023 to 2024

42. The 2023 to 2024 government pay remit guidance was published in April, allowing for an average award of up to 4.5% with an additional 0.5% available for targeted awards for lower pay bands. 

43. Unexpectedly, an addendum to the guidance was published on 2 June advising all civil servants of an additional fixed non-consolidated payment of £1,500 per full-time employee at delegated grades (i.e. below SCS). This roughly equates to a further £500,000 expenditure.  

Industrial relations

44. On 10 May Ofqual received the results from the latest ballot on industrial action by the Public and Commercial Services Union (Ofqual’s only recognised union). The results showed they have achieved a mandate for industrial action.

45. 25 colleagues voted in the ballot, which equates to approximately 55% of all Ofqual union members. 17 colleagues voted in support of industrial action representing 68% of the total votes.