GovWire

Section C - Third parties

Ofqual

February 12
12:01 2020

Condition C1 - Arrangements with third parties

  1. C1.1 Where an awarding organisation arranges for a third party to undertake, on its behalf, any part of the development, delivery or award of qualifications which the awarding organisation makes available, or proposes to make available, the awarding organisation must
    1. (a) ensure that the arrangements which it establishes with that third party enable the awarding organisation to develop, deliver and award qualifications in accordance with its Conditions of Recognition, and
    2. (b) monitor and, where appropriate, enforce such arrangements so as to ensure that it is able to develop, deliver and award qualifications in accordance with its Conditions of Recognition.

C1.2 An awarding organisation must take all reasonable steps to ensure that, in making any such arrangements, it does not impose unnecessary or unduly burdensome requirements on third parties

Guidance on Condition C1

Examples of positive indicators that would suggest an awarding organisation is likely to comply

The awarding organisation:

  • evaluates a third partys ability and willingness to act in a way that will enable the awarding organisation to comply with the conditions before entering into an arrangement with the third party;
  • has arrangements with third parties that reflect the conditions appropriate to the third parties roles (examiners, IT providers, printers and couriers, for example) that enable it to meet its Conditions of Recognition;
  • has up-to-date records of the third parties with which it works and of their roles in the development, delivery and award of its qualifications;
  • makes clear to the third parties with which it works what it expects of them;
  • has acted quickly and appropriately when it has found third-party activity puts at risk its ability to comply with its Conditions of Recognition enforcing such arrangements where necessary;
  • seeks feedback from third parties on the burden of its arrangements on them and reduces any such burden where possible.

Examples of negative indicators that would suggest an awarding organisation is not likely to comply

The awarding organisation:

  • does not identify where a third party is putting its compliance with the conditions at risk;
  • breaches its conditions because of the actions of a third party;
  • places unnecessary requirements on its third parties.

Condition C2 - Arrangements with Centres

C2.1 Where a Centre undertakes any part of the delivery of a qualification on behalf of an awarding organisation, this condition applies in addition to the requirements in Condition C1.

C2.2 Where this condition applies, an awarding organisation must ensure that arrangements between it and the Centre include a written and enforceable agreement.

  1. C2.3 That agreement must in particular include provisions which
    1. (a) require the Centre to take all reasonable steps to ensure that the awarding organisation is able to comply with its Conditions of Recognition,
    2. (b) require the Centre to take all reasonable steps to comply with requests for information or documents made by the awarding organisation or Ofqual as soon as practicable,
    3. (c) require the Centre to assist the awarding organisation in carrying out any reasonable monitoring activities and to assist Ofqual in any investigations made for the purposes of performing its functions,
    4. (d) set out all the requirements with which the Centre must comply in order to continue to deliver the qualification,
    5. (e) establish a sanctions policy to be applied in the event that the Centre fails to comply with these requirements,
    6. (f) require the Centre to retain a Workforce of appropriate size and competence to undertake the delivery of the qualification as required by the awarding organisation,
    7. (g) require the Centre to have available sufficient managerial and other resources to enable it effectively and efficiently to undertake the delivery of the qualification as required by the awarding organisation,
    8. (h) require the Centre to undertake the delivery of the qualification required by the awarding organisation in accordance with Equalities Law,
    9. (i) require the Centre to operate a complaints handling procedure or appeals process for the benefit of Learners,
    10. (j) set out any arrangements in relation to

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