01 Oct 2022
A significant addition to the General Regulations for Approved Centres is the requirement for a written whistleblowing policy (section 5.3x). As the need for this policy has been questioned by many exams officers, it is important to consider why JCQ now require centres to devise such a policy in relation to exams.
Firstly, although there may be a centre-wide whistleblowing policy, centres cannot simply refer to this as evidence of meeting the regulations – an exams specific whistleblowing policy is now also required.
The need for an exams-related whistleblowing policy is in response to recommendations made by the JCQ’s Independent Commission on Examination Malpractice. This independent industry-led Commission was launched in July 2018 and chaired by Sir John Dunford. Starting in September 2018, the Commission considered both examination malpractice in general and vocational assessments across a series of meetings attended by representatives from a range of leading educational organisations . A final report, including a set of recommendations, was published in September 2019.
The Commission agreed that Governors, heads of centres and senior leadership teams should strive to build an ethical culture within their centre. This includes a culture based upon honesty and openness which enables staff and students to report matters of concern. Governing boards should ensure that their centre has a clear and comprehensive whistleblowing policy which identifies how staff should report concerns and includes a commitment to do everything reasonable to protect the reporter’s identity, if requested. By introducing an ethical culture, the Commission argued that not only would malpractice be reduced among both students and staff, but this would also encourage whistleblowing and the reporting of matters of concern. Although it should be the responsibility of the head of centre to take the lead in promoting an ethical culture, it is also the responsibility of everyone else within a centre – including those taking the examinations - to actively support this culture and act responsibly.
It was the view of the Commission that whistleblowing should be encouraged, not penalised, by examination centres and that staff should feel they have a duty to report any concerns they have about the conduct of examinations. However, it was acknowledged that, in some circumstances, people might find it difficult to raise concerns with centre leaders. If a concern is raised anonymously, the employer may not be able to take the issue further if insufficient information has been provided.
The Commission highlighted that a whistleblower should be able to give his/her name, and request confidentiality, whilst the person receiving the information should make every effort to protect the identity of the whistleblower.
Currently, in schools and colleges, some unions argue that allegations should be able to be disclosed to a union representative, who could then be required to report the concern without disclosing its source. Alternatively, whistleblowers or others with concerns about potential malpractice can report the matter direct to Ofqual, which is identified in the Public Interest Disclosure Act 1998 as a ‘prescribed body’. Awarding organisations are not prescribed bodies under the whistleblowing legislation; however, awarding organisation investigation teams do give those reporting concerns the opportunity for anonymity.
Therefore, after discussing a range of issues and potential outcomes, the Commission recommended centres should ensure that they have a clear and comprehensive whistleblowing policy which:
- encourages individuals to raise concerns, which will be fully investigated by appropriately
trained and experienced individuals
- identifies how to report concerns
- explains how such concerns will be investigated and sets expectations regarding the reporting of outcomes
- provides details of relevant bodies to whom concerns about wrongdoing can be reported,
including awarding organisations and regulators
- includes a commitment to do everything reasonable to protect the reporter’s identity,
if requested
- sets out how those raising concerns will be supported
It should also be noted that the Commission also made a range of other recommendations which have impacted upon examinations from the 2022/2023 academic year, including a review of the JCQ Suspected Malpractice: Policies and Procedures booklet.
The Exams Office has produced a Whistleblowing Policy template to support centres in producing an exams-related policy which meets the requirements as set out by the Independent Commission on Examination Malpractice.