Apprenticeships, Skills, Children and Learning Bill

I thank the noble Lord for that question, which gives me an opportunity to put my remarks on the record. The noble Lord asked particularly about subsection (8). It requires Ofqual to put in place review arrangements of any decision to withdraw recognition, which is obviously a key part of the regulator’s role. More detail about those arrangements is set out in subsection (9). Like any regulator, Ofqual needs to have a range of sanctions and powers to allow it to step in and nip problems in the bud. We hope that Ofqual will not have to use these powers very often but it is crucial that they are there if needed. As I am sure noble Lords will agree, Ofqual must not be a toothless tiger. The Bill provides a number of sanctioning powers to enable Ofqual to act in a proportionate way to safeguard standards and protect the learner. The ultimate sanction must be available to Ofqual, even though it would hope never or rarely to use it: that power is to withdraw from a body recognition to award some or all qualifications so that those qualifications are no longer regulated. Clause 146 makes it explicit that Ofqual has the power to make such a sanction and, at the same time, ensures that it can be used only in limited circumstances and that there are effective checks on that power so that it can be used only when circumstances demand it. What are those limited circumstances? The power can be used only where the body has breached a condition of recognition and that breach is prejudicial. What are the safeguards? The clause sets out the steps that Ofqual must take before withdrawing recognition, including giving notice of its intention to do so, setting out the reasons for taking such action and taking account of any representations from the awarding body; that must be key. Ofqual must make arrangements for review of withdrawal decisions where requested to do so by the awarding body. My note does not say whether that is an external arrangement, but the fact that Ofqual must make the arrangements suggests that they are in Ofqual’s gift. Finally, if qualifications are coming off the market, we need to ensure that existing learners are protected, as noble Lords would expect. I am advised that the appeal could be either external or internal, which suggests to me that the noble Lord would like to have a letter clarifying this with perhaps more certainty.