The exams regulator Ofqual has introduced a new enforcement tool that allows it to publicly rebuke exam boards that break its rules.

This new sanction  called the Chief Regulator’s Rebuke  is meant for cases that are too serious to ignore but not severe enough to warrant a financial penalty. It gives Ofqual more flexibility to respond quickly and keep standards high across the qualifications sector.

Ofqual says the change supports a more “agile” approach to regulation. It aims to resolve straightforward cases faster while reserving full investigations and fines for more complex or serious breaches.

Chief Regulator Ian Bauckham explained:

“We want awarding organisations to resolve issues early wherever possible. But when they don’t meet our high standards, we will act in the interests of students and everyone who relies on qualifications.”

From December, awarding organisations will also face new rules requiring them to act with honesty, integrity, and a duty to protect public confidence in qualifications.

Exam boards that receive a public rebuke will be able to appeal to Ofqual’s Enforcement Panel before any announcement is made. Nothing will be published until the appeal process is complete.

In its 2024–25 annual report, Ofqual revealed that it issued six regulatory interventions last year, resulting in £805,000 in fines. It also placed special conditions on 14 awarding bodies to manage risk or assist investigations.

Rob Nitsch, Chief Executive of the Federation of Awarding Bodies, welcomed the move:

“The adoption of a more flexible approach to regulatory intervention is in everyone’s interests, and it’s good that Ofqual consulted widely before making these changes.”

However, some in the sector remain unsure whether the new “rebuke” system will help speed up the publication of investigation outcomes  which can currently take years.

An Ofqual spokesperson said the changes are designed to improve efficiency:

“We’ve streamlined the process for settling straightforward cases where organisations agree they’ve breached our conditions. This means simpler cases can be resolved faster, while complex ones still get the detailed attention they require.”

For business and education leaders, this policy is another sign of how regulators are modernising  using flexible tools to maintain trust and accountability without relying only on fines or lengthy investigations.

Ofqual’s approach is a reminder that good governance isn’t just about punishment  it’s about building systems that encourage honesty, transparency, and early resolution.

Source: SchoolWeek