REGULATION AND THE QUALIFICATIONS MARKET - Introduction - The Apprenticeship, Skills, Children and Learning (ASCL) Act 2009

Oct 20, 2026

Regulation and the qualifications market examines how qualifications regulation in England evolved and what it implies when viewed through market economics. It outlines Ofqual’s establishment under the ASCL Act 2009, explains an economic theoretical framework using metaphors and market models, and surveys historical development from mid-19th century public examining to post-1944 expansion and later statutory change. It then evaluates current regulatory powers and considers future practice and the regulator’s role in safeguarding standards.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages29

Reading Time1 h 13 min

AccessFree to download

1 INTRODUCTION

2 A THEORETICAL FRAMEWORK FROM ECONOMICS

A) METAPHORS

3 WHERE HAVE WE BEEN?

4 WHERE ARE WE NOW?

5 WHERE ARE WE GOING? REGULATION IN A MARKET CONTEXT

6 CONCLUSION

REGULATION AND THE QUALIFICATIONS MARKET 1 INTRODUCTION Ben Jones The Apprenticeship, Skills, Children and Learning (ASCL) Act 2009 established Ofqual as the regulator of qualifications, examinations and tests in England. It commenced work as a fully independent non-ministerial government department on 1 April 2010, having operated in interim form as a distinct part of QCA for two years before that. This Act marked the latest in a long, but increasingly active, history of regulatory activity in the public examinations and qualifications industry in England. (Similar, largely parallel, activity had been going on in Wales and Northern Ireland, under their devolved jurisdictions. Although this paper will focus on England only, most of what is described is equally applicable to those parts of the United Kingdom . Scotland has a separate education system altogether. In addition, only regulation that applies to general qualifications will be the focus of this paper, although all qualifications, general, applied and vocational, are within Ofqual’s remit.) The purpose of this paper is to consider the implications of this latest regulatory activity from a theoretical perspective based on market economics, allied to an historical survey of regulatory practice over the past 150 years. The paper is in four main sections. After this introduction, Section 2 (“A theoretical framework from economics”) introduces the conceptual framework of economics, in which the qualifications industry is seen as an operational market. Part 1 of this section describes the metaphors used to describe qualifications and their uses, and how these metaphors form, as well as reflect, how educational qualifications are perceived, understood and managed. Part 2 then summarises four typical market models as a background to understanding the market context of the qualifications industry. Part 3 defines this context more closely, drawing particular attention to the external influences and constraints on it, from both the supply and demand sides. In that light, Section 3 (“Where have we been?”) is a survey of general qualifications provision in England since the mid 19th century, indicating how the industry has evolved through different types of market context, and, latterly, how statutory intervention and regulation has increased. Part 1 describes the early years of public examining in England, rooted in the universities. Part 2 describes the post-war years as education provision and entitlement expanded rapidly as a result of the 1944 Education Act (Butler), and Part 3 describes the last twenty years since thereforming 1988 Education Act (Baker) which, inter alia, introduced the national curriculum . Section 4 (“Where are we now?”) describes the 2009 Education Act and its implications and aftermath, particularly the significant changes to regulatory powers it introduced and how, via various subsequent consultation exercises, it appears these are intended to be applied. Drawing on some of the information and issues raised explicitly or implicitly in the previous sections, Section 5 (“Where are we going? Regulation in a Market Context”) considers the issues facing Ofqual following the 2009 Act, and looks to the possible direction, nature and implications of future regulatory practice. Centre for Education Research and Policy Finally, Section 6 comprises a conclusion, which particularly addresses the role and responsibility of the regulator in guaranteeing standards – the economic currency – in what is an increasingly free qualifications market. 2 A THEORETICAL FRAMEWORK FROM ECONOMICS A) METAPHORS In their book, “Metaphors We Live by”, Lakoff and Johnson (1980) argue that, rather than being simply a device of the poetic imagination, a characteristic of language alone, metaphors are pervasive in everyday life, in thought and action as well as in language. Thus: “Our ordinary conceptual system, in terms of what we both think and act, is fundamen

FAQs

What established Ofqual as the regulator of qualifications and examinations in England?

The Apprenticeship, Skills, Children and Learning (ASCL) Act 2009 established Ofqual as the regulator for qualifications, examinations and tests in England.

How does the paper frame the qualifications industry in theoretical terms?

It uses a theoretical framework from economics, treating the qualifications industry as an operational market and discussing conceptual metaphors and market models to set the context.

What is the paper’s focus in Section 4 and how does it relate to regulatory change?

Section 4 describes the 2009 Education Act and its implications, emphasizing the significant changes to regulatory powers and how subsequent consultation exercises indicate intended application.

Oct 20, 2026

Uploaded by Taylor Morgan