Malpractice and Maladministration Policy

Procedures for Dealing with Malpractice and Maladministration

An investigation into malpractice or maladministration can be initiated by LSC or at the request of the awarding organisation, CPCAB. Any allegations of malpractice or maladministration will be carefully investigated. If an allegation of malpractice or maladministration is made against the head of the centre, the investigation will be carried out by an external investigator.

LSC will report any instances of malpractice or maladministration linked to any qualification to the awarding organisation concerned. If the situation is likely to cause an ‘Adverse Effect’ the awarding organisation will have to further report it to their regulator: Ofqual – the Office of Qualifications and Examinations Regulation. Any investigation will be carried out rigorously and effectively, by someone who is competent and who has no personal interest in its outcome.

Carrying Out an Investigation

When an allegation of malpractice or maladministration is made, the investigator will:
• Inform the person implicated at the earliest opportunity, preferably in writing, of the nature of the allegation;
• Give that person the opportunity to respond (also in writing);
• Explain how to appeal if a judgment is made against them;
• Cooperate with any further investigation, e.g. by the awarding organisation;
• Take any steps needed to prevent a re-occurrence.

Procedures for Dealing with Malpractice and Maladministration

Where the malpractice or maladministration relates to a qualification, the investigator will:
• Inform the awarding organisation, particularly where the allegation is likely to affect the integrity of a qualification or likely to cause an Adverse Effect (see definition of an Adverse Effect, below);
• Keep the awarding organisation informed of the progress and outcome of the investigation, and any actions taken to prevent a reoccurrence.

Date of policy ……26th July 2022………………………………………
Review date ……..26th July 2025………………………………………

 

Ofqual’s definition of an Adverse Effect:

‘An act, omission, event, incident or circumstance has an Adverse Effect if it – (a) gives rise to prejudice to Learners or potential Learners, or (b) adversely affects – (i) the ability of the awarding organisation to undertake the development, delivery or aware of qualifications in accordance with its Conditions of Recognition, (ii) the standards of qualifications which the awarding organisation makes available or proposes to make available, or (iii) public confidence in qualifications.’