Notice

ISM Education Ltd: Special Conditions ISME5 and ISME6

Published 10 September 2025

Applies to England

The Office of Qualifications and Examinations Regulation (Ofqual), in accordance with its powers under section 132(3)(d) of the Apprenticeships, Skills, Children and Learning Act 2009 (ASCLA) has imposed the following Special Conditions on ISM Education Ltd (known as ‘ISME’):

ISME5       Qualification review – written plan

ISME5.1        ISME must before 4pm on 11 October 2024 provide to Ofqual a written plan in accordance with this condition,

ISME5.2        The written plan must set out how ISME will complete the qualification review activity specified in Condition ISME 6,

ISME5.3        The written plan must specify the date by which ISME expects to complete the qualification review activity - ‘the completion date’ – and must comply with any requirements set by Ofqual in accordance with this condition.

ISME6       Qualification review activity

ISME6.1        ISME must before the completion date complete qualification review activity in accordance with this condition and in accordance with its written plan.

ISME6.2        ISME must before 4pm on the business day following the completion date provide to Ofqual a written report in respect of the qualification review activity which:

a) addresses each aspect of the purpose of the qualification review activity, as specified by this condition,

b) explains why it is satisfied, in respect to each such aspect, that the arrangements it has in place are appropriate, or

c) where it is not satisfied that the arrangements it has in place in relation to any aspect are appropriate, explains the nature of the deficiency in its arrangements, how it intends to remedy that deficiency and the date by which it expects to do so.

ISME6.3        The purpose of the qualification review activity is to assure ISME, and allow ISME to assure Ofqual, that in respect of every qualification it intends to deliver:

a) the content is up to date and reflects the needs of Users of that qualification,

b) the assessment method is appropriate for the content, the way in which the qualification is delivered and the purposes for which the qualification is used,

c) where a qualification permits more than one assessment method, ISME has appropriate measures in place to secure a consistent Level of Demand, in accordance with (General) Condition G1.2(a),

d) where a qualification permits Centre marked assessment, ISME has in place clear and effective arrangements for Centre Assessment Standards Scrutiny in accordance with (General) Condition H2,

e) where a qualification permits Centres to adapt an assessment, ISME has in place clear and effective arrangements to ensure the adaptations are appropriate and comparable in accordance with (General) Conditions D1.1, D1,2, E4.2, G1 and G9,

f) ISME has in place adequate resources and sufficiently competent personnel to deliver its Centre Assessment Standards Scrutiny Strategy,

g) ISME has in place adequate resources and sufficiently competent personnel to provide effective guidance and assistance to Centres in respect of the delivery of its qualifications, in accordance with (General) Condition C2.5,

h) in so far as assessments are developed or marked by ISME, it has in place adequate resources and sufficiently competent personnel for those purposes.

i) ISME has in place adequate arrangements to keep under review, and enhance where necessary, its approach to the development, delivery and award of qualifications, so as to assure itself its qualifications remain fit for purpose and compliant with the General Conditions, in accordance with (General) Condition D3.1.

ISME6.4        ISME must promptly notify Ofqual should it appear to ISME that it will be unable to comply with any part of its written plan. Any such notification must specify:

a) the aspect of the qualification review activity affected by the failure,

b) the potential impact of the failure on ISME’s ability to complete the qualification review activity by the completion date,

c) the measures ISME will take to prevent the failure affecting the completion date,

d) ISME’s proposals for any amendment to the completion date.

Requirements under Condition ISME 5.3

Condition ISME 5.3 allows Ofqual to set requirements in relation to the written plan which ISME must produce explaining how it will complete the qualification review activity specified in Condition ISME 6. We set out our requirements below.

1. 1. The written plan must address each aspect of the qualification review activity specified in Condition ISME 6.3,

2. 2. The written plan must set out how ISME’s Governing Body will be assured that it has satisfactorily completed each aspect of the qualification review activity,

3. 3. The written plan must set out the qualifications in scope of the qualifications review activity,

4. 4. The written plan must set out the stages into which ISME has subdivided each aspect of the qualification review activity and, in respect of each stage:

   1. a. the timescale for the relevant activity,
   2. b. the milestones in relation to each activity,
   3. c. the outputs in relation to each activity,
   4. d. the resources and personnel which will be deployed to complete the activity,
   5. e. the costs which ISME expects to incur in respect of the activity,
   6. f.  the mechanism by which it will assure itself the activity in relation to that stage is complete.

Dated: 8 October 2024

Associate Director, VTQ AO Performance, Ofqual

Annex to Special Conditions

Publication and sharing of information

1. 1. Ofqual may publish a Special Condition, either fully or in part, on its website, www.ofqual.gov.uk, unless Ofqual is persuaded by an awarding organisation that there is a legitimate reason that this should not be published, including that this may have adverse commercial implications for the awarding organisation involved.

2. 2. Ofqual may share information about these Special Conditions with other regulators in accordance with its powers, where it considers necessary.

Right of internal review

1. 3. You may request an internal review of the decision to impose a Special Condition within 10 working days of the date the Special Condition was imposed. The request must be issued via the Portal, with the subject line - for the attention of the Legal Practice Manager.

2. 4. An internal review may be requested on the following grounds only:
   1. a) The facts of the decision for imposing a Special Condition are incorrect;
   2. b) A relevant fact has not been taken into account;
   3. c) Ofqual has not followed its own procedures; or
   4. d) The decision to impose a Special Condition does not support the facts, an unreasonable decision.
3. 5. Any internal review will be carried out by an officer of Ofqual who has had no previous involvement in your matter.

Review

1. 6. On or after 31 January 2025 (the ‘Review Date’), Ofqual will review whether the requirements of Special Condition(s) ISME1 - 6 need to remain in place and will issue its decision to you. You may request that Ofqual carries out this review before the specified review date if you believe some or all of the requirements no longer need to remain in place. You should provide evidence to support any such request.

2. 7. If after review, Ofqual considers that some or all of the requirements of ISME1 - 6 no longer need to remain in place, the relevant requirements will be removed.

3. 8. If Ofqual considers that some or all of the requirements need to remain in place, or that additional or alternative requirements need to be imposed, it may take one or more of the steps set out in paragraph 9 below, in isolation or combination.

4. 9. After review, Ofqual may:
   1. a) introduce more active and/or more frequent monitoring,
   2. b) amend the terms of the Special Conditions (by adding and/or removing requirements),
   3. c) determine whether there has been a breach of the Special Conditions,
   4. d) take any regulatory action set out in Ofqual’s Taking Regulatory Action policy.
5. 10. The process set out above is without prejudice to any other action that Ofqual may take in line with its Taking Regulatory Action policy.

Requests for information

1. 11. Failure to provide the information as required by this Special Condition is a breach of the Special Conditions and Ofqual may take regulatory action.

2. 12. If you are unable to provide the information or cannot provide it within the timescale required you should notify Ofqual as soon as practical, giving details as to why this cannot be provided.

3. 13. Unless specifically requested you should redact personal information from any documents provided.

4. 14. Where personal data is requested, you must consider whether any steps need to be taken in order to ensure compliance with data protection legislation.

5. 15. Where personal data is being transferred, you may need to consider whether you need to put in place any additional safeguards. Ofqual can provide assurance that it will process personal data in accordance with UK data protection legislation. For more details about how Ofqual processes personal data please see our privacy information. Awarding organisations must ensure that personal data is transferred securely.

6. 16. All information submitted in response to the Special Conditions will be retained by Ofqual and may be used for other purposes in accordance with Ofqual’s objectives and duties. Personal data will only be used for another compatible purpose and/or anonymised or pseudonymised where possible.

7. 17. Ofqual is subject to the Freedom of Information (FOI) Act 2000 and we may be asked to disclose information under that Act. No personal data will be disclosed unless required by law. Where an awarding organisation indicates that it considers information submitted to us to be commercially sensitive, we will take this into account when considering any FOI request. However, it will be for Ofqual to determine whether the information must be disclosed or an exemption applied.

8. 18. Ofqual may share information provided to it by you with other agencies or authorities where appropriate or where required by law.