Undertaking given by Scottish Qualifications Authority to Ofqual in accordance with B8 of the Conditions of Recognition
On 16 August 2024, Ofqual accepted an Undertaking from SQA under B8 of the General Conditions of Recognition.
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This undertaking has now been closed.
On 16 August 2024, Ofqual accepted an Undertaking from聽SQA聽under B8 of the General Conditions of Recognition (鈥榯he Conditions鈥�). This followed significant issues Ofqual identified聽from 2017聽with聽SQA鈥檚 Level 1 Health and Safety in the Construction Environment qualification (qualification withdrawn聽by聽SQA聽on 30 April 2019)
Ofqual identified non-compliances in a number of areas including:
鈥� SQA鈥檚 malpractice policies failed to comply with Conditions A6, A8 and I4;
鈥� Several聽SQA聽malpractice investigations relating to delivery of聽SQA鈥檚 Level 1 Health and Safety in a Construction Environment were not conducted rigorously and effectively, as required under A8 of the Conditions.
鈥� SQA聽failed to establish arrangements with third parties that enable it to develop, deliver and award qualifications in accordance with its Conditions of Recognition, as required by C1.1(a) of the Conditions.
鈥� SQA聽failed to monitor and, where appropriate, enforce such arrangements so as to ensure that it is able to develop, deliver and award qualifications in a way that complies with its Conditions of Recognition, as required by C1.1(b) of the Conditions.
鈥� SQA聽failed to establish and maintain arrangements for the retention of data which would ensure that adequate information was available to it at all times, as required under A5 of the Conditions;
鈥� SQA聽failed to ensure the content of resit assessments for the聽SQA聽Level 1 Health and Safety in a Construction Environment was fit for purpose, as required by E4, G1 and G9 of the Conditions.
鈥� SQA聽failed to promptly notify Ofqual when it has cause to believe that any event has occurred or is likely to occur which could have an Adverse Effect, as required by B3 of the Conditions
SQA聽promptly accepted non-compliance.聽SQA聽actively reviewed its arrangements and provided an action plan to address the weaknesses identified by Ofqual.聽SQA聽has provided an undertaking to instruct independent auditors to review the effectiveness of the action plan. The purpose of the audit is to assure聽SQA, and allow聽SQA聽to assure Ofqual, that聽SQA聽is fully compliant with the Conditions. In line with General Condition B8,聽SQA聽must now take all the steps identified in the Undertaking.
Given the serious issues identified, Ofqual considered partial withdrawal of聽SQA鈥檚 recognition and the imposition of a monetary penalty. Ofqual accepted聽SQA鈥檚 surrender of recognition for the L1HSCE as an alternative to partial withdrawal. Having considered聽SQA鈥檚 status as a Non-Departmental Public Body (NDPB) and the fact that a penalty would not impact shareholders or individual directors but would come from public funds and would impact the budget for the provision of services to Learners, Ofqual decided this was an exceptional case, and a monetary penalty should not be pursued.
Ofqual will keep聽SQA鈥檚 progress under review and may take further action if聽SQA聽does not follow through on its commitments.