THE ADDED VALUE OF REGULATION

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• THE ADDED VALUE OF REGULATION

Isabel Nisbet Director of Regulation and Standards
AEA, Dublin 3 November 2005
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Outline

• Responsibilities for qualifications in England,
  Wales and Northern Ireland
• What is regulation?
• What is good regulation?
• Objectives of QCA as regulator
• What would successful regulation look like?
• 6. The added value of regulation of
  qualifications and assessments
• 7. Current issues for QCA as regulator
• Questions for all regulators of qualifications
  and assessments
• Conclusion

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1. Responsibilities for qualifications in
England, Wales and Northern Ireland
REGULATORY AUTHORITIES
APPROVED CENTRE (SCHOOL)
AWARDING BODY
TEACHER/TRAINER/ASSESSOR
LEARNER
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Odd things about England and the UK

• The four countries of the UK
• External qualifications
• The nature and role of organisations awarding
  qualifications (Awarding Bodies)
• MULTIPLE MARKETS, NOT A MANAGED SYSTEM
• The markets for qualifications
• One organisation ( contractors) runs National
  Curriculum Assessments for school pupils
• 5 awarding bodies offer general qualifications
  (GCSEs, A levels..) in England, Wales and N
  Ireland
• 900 awarding bodies offer vocational
  qualifications
• Only 115 recognised by the regulator

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2. What is regulation?

• Main categories
• Consumer protection
• Public confidence/understanding
• Standards
• Market controls
• Prices
• Entry and exit
• Coherence v competition
• Facilitation the green light
• To secure the optimal use for wireless
  telegraphy of the electro-magnetic spectrum
  (statutory objective of UK communications
  regulator (Ofcom))

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What is regulation a definition

• Regulation is a system of controlling a range of
  activities undertaken by others than the
  regulator, in the public interest and to protect
  the interests of service users. Regulators aim to
  promote confidence in the market or industry
  /service regulated and public understanding of
  it. They may ensure the adequacy, effectiveness
  and value for money of the regulated market
  through control of prices, accreditation,
  measures to promote and maintain high standards
  and adjudicating disputes, They may also have a
  proactive role of ensuring that the regulated
  sector is fit to adopt best practice and make use
  of the opportunities offered by technological
  advance.

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Some important themes in the UK

• Reducing the burden Less is More
• Co-regulation
• Regulated bodies allowed to regulate themselves
  in certain functions
• Back-stop powers for the regulator
• Self-regulation by the regulated
• Quality assurance (national regulator) V Quality
  control (regulated body)

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What do regulators do? The 3 levels

• Level 1 specific activities
• eg checking/monitoring individual qualifications,
  exams or tests
• Level 2 the organisation
• Ensuring that the organisation is fit for purpose
• Ensuring that quality control systems are in
  place
• Assessing risk
• Level 3 the system as a whole
• Review of the adequacy/coherence of the whole
  system/market
• Assessing overall risk
• General maxim MORE AT THE HIGHER LEVELS

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3. Good regulation

• The UK Governments 5 principles
• Proportionality
• Interventions related to risk
• Accountability
• Consistency
• In criteria used
• In data requests
• In judgements made
• Transparency
• Open and visible
• Targeting
• Measures taken related to purpose

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4. QCAs objectives as regulator

• QCA Key Results Area (4) Regulate
  awarding bodies, qualifications, examinations and
  national curriculum tests effectively to ensure
  that they are fair, that standards are secure and
  that QCA acts as the public champion of the
  learner.
• Also
• Informed public confidence
• Ensuring whole system is fit for best practice
• Following best regulatory practice

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5. What would success look like?

• The processes and conclusions of QCA as regulator
  would be open and accountable to the public
• Most qualifications would be regulated and all
  publicly funded ones
• Qualifications taken by 14-19 year-olds would be
  highly regarded and the grades awarded will be
  respected as meaningful
• The public would trust QCA as a maintainer of
  standards
• Lower costs of regulating exams and
  qualifications
• Fewer awarding bodies many of them trusted to
  control their own quality
• Vocational qualifications system would be
  understandable
• QCA would be regarded as a good regulator not
  just in education

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6. The value added by regulation

• Public confidence that qualifications and grades
  mean what they say
• Arms length from Government
• Public understanding of the systems regulated
• Expert advice to Government
• Assuring consistency, comparability and due
  process
• Protecting the learner during change
• Control of costs/prices
• Reducing the risk of market/operational failure
• Responding professionally to operational failures
• Assessing the regulatory impact of new
  developments

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7. Current issues for QCA as regulator

• Reconciling conflicting pressures
• Lighter-touch/ strategic regulation of vocational
  qualifications
• Intensive monitoring of the detail of GCSEs and A
  levels
• How to bring more flexibility and coherence to
  the market for vocational qualifications
• How to educate the public debate about assessment
  
• Anecdotal evidence of lack of public confidence
  in general qualifications and grades
• Coursework
• Cheating
• How to regulate the market for E-assessment
• Lack of connection with other parts of the UK
  national systems
• Funding
• Other regulators
• The impact of international markets

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8. Questions for all regulators of qualifications
and assessment

• Are your processes and outcomes open to the
  public, including learners?
• Do you measure public confidence in the systems
  you regulate? Is it improving?
• Do you know how much regulation costs? Do you
  have plans and targets to reduce the cost?
• Do you really need all the data and information
  you demand?
• Are you independent of Government, and seen to be
  so?
• Do you have a high reputation as a source of
  expertise
• In the educational community?
• With Government?
• What are you doing to assess risk and reduce it?
• Do you have systems in place for taking action as
  regulator when something goes badly wrong?

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9. Conclusions

• Need for greater clarity about the role of
  regulation
• Good regulators can add value
• PUBLIC CONFIDENCE
• PROTECTION OF THE LEARNER
• MANAGING RISK
• Common questions which we can all ask

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• Thank you
• Isabel Nisbet
• nisbeti_at_qca.org.uk
• www.qca.org.uk

AEA, Dublin 3 November 2005