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Notice

Undertaking given by Excellence, Achievement & Learning Limited to Ofqual in accordance with Condition B8 of the General Conditions of Recognition ("Conditions")

Published 4 August 2026

Applies to England

© Crown copyright 2026

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This publication is available at https://www.gov.uk/government/publications/undertaking-and-notices-of-monetary-penalty-and-costs-recovery-eal/undertaking-given-by-excellence-achievement-learning-limited-to-ofqual-in-accordance-with-condition-b8-of-the-general-conditions-of-recognition-c

Background

  1. 1. This Undertaking is made in the context of:
    1. a) the Audit Report dated 27 October 2025 relating to incorrect results, assessment material errors, Assessment Plan version control failures and appeals handling;
    2. b) Ofqual’s Statement of Allegations dated 19 January 2026; and
    3. c) EAL’s admissions contained within its response dated 10 February 2026 and subsequent Settlement Proposal to breaches of the following Conditions of Recognition:
      1. i. A5.1, A5.2(b) and A5.2(e);
      2. ii. A7.1(a);
      3. iii. C1.1(b);
      4. iv. G1.1(a);
      5. v. G9.2(a);
      6. vi. H6.1(d);
      7. vii. H6.3;
      8. viii. I1.1(a);
      9. ix. I1.2(b); and
      10. x. EPA1.1(a).
  2. 2. EAL recognises that the matters giving rise to these breaches identified weaknesses in aspects of its governance, compliance oversight, assessment development, assessment management, version control, incident management and appeals arrangements.
  3. 3. EAL has undertaken substantial remedial activity and wishes to provide Ofqual with continuing assurance regarding the implementation, embedding and effectiveness of those improvements.

Undertaking

  1. 4. EAL undertakes to complete the actions set out in Schedule 1 of this Undertaking within the timescales specified therein.
  2. 5. EAL shall provide Ofqual with written progress reports on a monthly basis, on dates to be agreed with Ofqual, and on any such further dates as may reasonably be required by Ofqual.
  3. 6. Each progress report must:
    1. a) Review progress against each action contained within Schedule 1;
    2. b) Identify any actions completed since the previous report;
    3. c) Identify any risks to completion of any action within the timescale specified in Schedule 1 and explain the reasons for those risks;
    4. d) Describe any mitigations implemented or proposed to address those risks; and
    5. e) Identify any issues which may affect the effectiveness of the actions in securing ongoing compliance with the Conditions of Recognition.
  4. 7. By 31 January 2027, EAL will provide Ofqual with a Statement of Assurance which shall:
    1. a) Confirm whether each action contained with Schedule 1 has been completed;
    2. b) Provide EAL’s assessment of the effectiveness of the completed actions in securing ongoing compliance with the Conditions of Recognition;
    3. c) Identify any actions that have not been completed;
    4. d) Identify any actions that EAL considered have not been effective in securing ongoing compliance with the Conditions;
    5. e) Explain why the action has not been completed and/or has not been effective; and
    6. f) Specify any further action to be taken and the date by which EAL expects that action to be completed.
  5. 8. The Statement of Assurance must be:
    1. a) accurate;
    2. b) formally approved by EAL’s Governing Body; and
    3. c) signed by the chair of EAL’s Governing Body and the Responsible Officer.

Acknowledgement

In giving this Undertaking, EAL acknowledges that:

  1. a) the rules of interpretation and definitions outlined in Condition J1 shall apply to this undertaking;
  2. b) any proposed amendment to Schedule 1 or any other variation to this Undertaking shall require Ofqual’s express prior written agreement. Ofqual shall have absolute discretion as to whether to agree any proposed amendment or variation.
  3. c) Any failure to comply with this Undertaking, or any amendment or variation agreed by Ofqual, may constitute a failure to comply with the terms of this Undertaking and may result in Ofqual taking further regulatory action in accordance with Ofqual’s ‘Supporting Compliance and Taking Regulatory Action’ policy (2025);
  4. d) Ofqual will publish this Undertaking on its website (Schedule 1 will not be published);
  5. e) Ofqual may provide information to other UK qualification regulators or any relevant government department, bodies or agencies in line with Ofqual’s ‘Supporting Compliance and Taking Regulatory Action’ policy (2025)’, including information relating to EAL’s performance under the undertaking and the sharing of any updates provided by EAL and Ofqual’s analysis of it;
  6. f) nothing within this undertaking restricts Ofqual’s ability to conduct its own review, audit, investigation and/or other monitoring activity of EAL at any time; and
  7. g) this undertaking will remain in force until Ofqual confirms that it is satisfied that the actions set out in Schedule 1 have been completed and that the Statement of Assurance provides sufficient assurance that improvements have been implemented effectively to secure ongoing compliance with the Conditions of Recognition.

Signed for and on behalf of Excellence, Achievement & Learning Limited

Name: Stacy Cockbill
Position: Responsible Officer, EAL
Date: 22 July 2026

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