Exams Whistleblowing Policy
2023 - 2026

Agreed College policy in relation to suspected malpractice in examinations the College - Public Interest Disclosure Act (Whistleblowing)

1. INTRODUCTION

This policy is principally for centre staff who may witness malpractice in examinations and assessments. The security and integrity of examinations and assessments is essential if public confidence in qualifications is to be maintained. The approach taken by the awarding bodies to malpractice is set out in the JCQ Suspected Malpractice document. The College is required by the JCQ Suspected Malpractice document to refer malpractice to awarding bodies.

This agreed policy forms part of a wider approach stated in the College’s Public Disclosure Act - Whistleblowing Policy and should be read in conjunction with that.

2. WHAT SHOULD YOU DO IF YOU SEE MALPRACTICE TAKING PLACE IN EXAMINATIONS OR ASSESSMENTS?

If you work in the College or are involved in examinations or assessments and you witness activity that you are concerned may be malpractice, you must act upon it and report what you witness to the Examinations Officer at the College campus you witness it on. If you are unsure who this is, please go to the Campus Office and they will advise you.

If you are a candidate or a member of the public, you should report what you witness to the Examinations Officer at the College campus you witness it on. If you are unsure who this is, please go to the Campus Office and they will advise you.

You can also refer your concern to the awarding body (see below) if required, but would strongly recommend that you report to the College Examinations Officer in the first instance.

3. WHAT IF YOU ARE CONCERNED ABOUT RETALIATION FOR REPORTING SUSPECTED MALPRACTICE?

If you work in the College or are involved in examinations or assessments, the Public Interest Disclosure Act (PIDA) offers you legal protection from being dismissed or penalised for raising certain serious concerns (i.e., blowing the whistle). Given the importance of the integrity of the qualifications system, suspected malpractice is likely to be a serious concern.

The College has a wider Public Interest Disclosure (Whistleblowing policy) approved by its Governing Body and this procedure should be read in conjunction with that.

If you do not feel safe raising the matter within College, or you have done so and are concerned that no action has been taken, you may consider making your disclosure to a ‘prescribed person’ – which includes Ofqual and Qualifications Wales (the regulators in England and Wales respectively).

The full list of prescribed persons and bodies are detailed in this guidance:

GovUK: Blowing the whistle a list of prescribed people and bodies

4. WHO DO YOU TALK TO AND WHAT HAPPENS IF YOU CONTACT THE AWARDING BODY?

Each awarding body has staff who deal with malpractice. You can talk to them in confidence and explain your concerns. However, as awarding bodies are not prescribed bodies as defined by the PIDA, they cannot promise you the legal protections detailed in PIDA. However, the awarding body will:

• understand the difficult position that you are in;
• have experience of similar situations;
• explain the importance of supporting evidence and
• identify the sort of evidence that might help in your particular case.

The awarding body will make every effort to protect your identity, if that is what you wish, unless legally obliged to release it (for example, in the course of a police investigation). Please be aware that it will not be possible for the awarding body to provide you with a report on the findings or outcome of any investigation that may ensue.

Which awarding body is contacted will depend on the qualification where malpractice is suspected. You can contact a malpractice expert within the specific awarding body as shown below:

You also may find the following websites useful:

• JCQ
• Protect
• Ofqual
• Qualifications Wales