The 2011 e-assessment questionconference

The impact of innovation on regulation and of regulation on innovation

Julie Swan31 March 2011

Overview

Ofqual

Innovation and regulation

A new approach to regulation

Challenges of e-assessment

Ofqual’s principles and e-assessment

Ofqual

Statutory independent regulator

Why regulate?

Ofqual’s statutory objectives include: – Qualifications standards– Public confidence– Efficiency

Many statutory duties

Including duty to have regard to:– the desirability of facilitating innovation in connection with

the provision of regulated qualifications

Regulation and innovation

BERR Economics paper – Regulation and innovation: evidence and policy implications, December 2008

BERR findings

‘The relationship between regulation and innovation is complex, multi-dimensional, ambiguous and dynamic’

Types of innovation

Product innovation

Process innovation

Marketing innovation

Organisational innovation

Intervention through the regulatory framework

Introduction of new regulations

Revisions to current regulations

Removal of existing regulations

Prescriptive vs outcome-based regulation

Prescriptive approach to regulation - sets out how businesses must behave to achieve the required outcomes of regulation

Outcomes based regulation – only stipulates the desired outcome, not how businesses should achieve it

Prescriptive approach

Limits flexibility

May therefore limit innovation

But may also offer certainty – which might encourage innovation

Outcomes-based regulation

Offers greater flexibility and freedom

Therefore more scope for innovation

But businesses might be discouraged from innovating because of risk of non-compliance

Other factors

Too little time to respond to regulatory requirements can inhibit ability to innovate

Money spent on compliance instead of innovation

Policy certainty – too much certainty can result in only minimum compliance

Excessive uncertainty - can cause inaction

BERR advice

Favour regulatory approaches that are:– outcomes-focused– technology neutral

– As these give greater freedom to innovate

Regulating awarding organisations and qualifications

Ofqual is introducing a more strategic approach to regulation

More outcomes and less rules-based

Undertaking a stock-take on drivers and inhibiters of innovation

Challenge

How to facilitate innovation AND secure consistency of standards, public confidence in qualifications and efficiency

Pen and paper must go, says Ofqual Head – TES headline, Feb 2011

Will traditional written exams be invalid for ‘digitally native’ pupils?

Interesting responses……

Ofqual’s principles

The interests of learners are paramount

Fitness for purpose is key to quality

Each awarding organisation is responsible for its qualifications

Ofqual’s principles and e-assessment

Content and potential for progression must be clear

There must be a consistent approach to standards for all qualifications

Qualifications must offer value for money

We must learn lessons from the past

Summary

A new regulatory approach

Will it facilitate innovation?

Must secure qualification standards, public confidence and efficiency

Will innovation help meet Ofqual’s principles?