Corporate report

Regulatory Burden Statement – March 2018

Updated 11 April 2024

Applies to England

This statement explains how we reviewed our work in the last 12 months to make sure we did not introduce or maintain unnecessary burden on awarding organisations. It also sets out how we propose to manage regulatory burden on awarding organisations in the next 12 months.

Any requirement we place on awarding organisations is a burden. Some burden is a necessary and proper part of regulation. We aim to address burden by balancing the benefits of regulation against the burden we impose. We also consider how our requirements impact more widely, such as how schools, colleges and learners will be affected.

Our approach to regulatory burden has been informed by the government’s better regulation agenda to cut red tape and boost UK productivity. We have published our business impact target assessments for the period 8 May 2015 to 8 June 2017, which assessed the economic impact on business of some of our regulatory changes. We will report on our growth duty obligations in our annual report and accounts.

1. Reviewing our work April 2017 to March 2018

We have reviewed our work and how we managed burden in the last 12 months. We did this by:

1. Undertaking a review of our regulatory framework and as a result, we removed rules that were no longer required. For example, we withdrew our qualification specific rules for Principal Learning and Diploma qualifications.
2. Reviewing how we collect data and information from awarding organisations. This resulted in us publishing guiding principles on our approach to gathering information from awarding organisations. For example, to help minimise burden we will more clearly define what information we are requesting and how we intend to use it. We have also established a Data Forum Group attended by the exam boards, Qualifications Wales and Council for Curriculum, Examinations and Assessment to discuss how we can work together to mitigate or remove burden when we make requests for data.
3. Piloting a new digitised and interactive version of our ‘General Conditions’ (Ofqual Handbook). This makes our rules and their associated guidance easier to navigate and more accessible to awarding organisations by putting them in one place.
4. Simplifying how awarding organisations submit data to us by introducing a consistent format and secure transfer through our data portal. We also improved the transparency of our forthcoming data requirements using our data portal. We did this by developing a dashboard so that it is easier for awarding organisations to see when to submit data to us.
5. Continuing to develop our portal so awarding organisations can complete routine administration easily and exchange more regulatory information with us securely online. In addition the portal saves awarding organisations time, as it is a central place for them to find news items and information.
6. Developing how we measure the impact of our regulatory changes on awarding organisations and others. We started to publish cost-benefit analysis in regulatory impact assessments using cost evidence gathered from awarding organisations. This helps us understand how much burden our proposals may impose on awarding organisations. For example, cost evidence was used to help evaluate whether to give learners an additional ground to challenge their results for general qualifications.
7. Making efficiencies to our process for expanding the scope of recognition for end-point assessment organisations. We did this by not requiring awarding organisations to submit to us duplicate information already held by us. Instead, we accepted assurances from already recognised awarding organisations that they would develop, deliver and award end-point assessments in line with our requirements.
8. Introducing a post-audit survey to help us capture the impact of our audits on awarding organisations. We used the information to help us refine our audit process. For example, we have increased the number of working days required for awarding organisations to respond to our requests for information.
9. Attending Qualification Wales’ stakeholder panel meetings where it is reviewing its ‘Standard Conditions of Recognition’. We attend because we are mindful of burden that could be placed on awarding organisations by a divergence between our ‘General Conditions’ and Qualifications Wales’ Standard Conditions. The panel meetings also give us an opportunity to understand the views of awarding organisations to see if we can be clearer in our ‘General Conditions’.
10. Ensuring that our enforcement action was necessary. For example, we used our fining powers only when needed and in a way that was proportionate to the circumstances of the individual case.

2. Our approach to reviewing our work and managing regulatory burden April 2018 to March 2019

In the next 12 months, we will continue to keep our work under review and manage burden. We aim to do this by:

1. Continuing to review our regulatory framework to identify whether any of our rules or guidance need to be updated, amended or withdrawn in order to keep the framework fit for purpose.
2. Continuing to develop and refine the evidence we have for our cost-benefit analysis in regulatory impact assessments. The information will inform our impact assessment calculations, minimise burden where appropriate and help improve our decision making.
3. Sharing more findings from audits, wherever possible, so that all awarding organisations can benefit from our insights regarding the current practice of other awarding organisations.
4. Continuing to develop and enhance our awarding organisation portal. We will provide further options to make our communications with awarding organisations more effective.
5. Wherever possible, working with Qualification Wales and the Council for Curriculum, Examinations and Assessment, as we regulate many of the same awarding organisations.

We will continue to identify opportunities in our regulatory activities and processes to reduce or not maintain unnecessary burden. We will also listen and respond to any feedback from awarding organisations that we are imposing or maintaining unnecessary burden on them.

3. Our support for innovation

We welcome and do not seek to stand in the way of innovation to achieve valid qualifications that offer value for money.

When reviewing our regulatory framework we will ensure that our requirements do not prevent innovation. For example, we invited exam boards to let us know if they want to pilot a new approach to assessment in a current subject for a general qualification. We have also sought views in our ‘regulating end-point assessments’ consultation on whether our proposals will prevent innovation.

We have set out in our Corporate Plan 2018 to 2021 our proposals to conduct a survey to find out the views of awarding organisations of the impact of our requirements on innovation.

We welcome feedback from awarding organisations where they feel that our regulatory approach prevents them from innovating so that we can consider this when reviewing our regulatory framework. Feedback can be provided via ‘Contact Ofqual’ using our awarding organisation portal.