Westminster Policy News & Legislative Analysis

Ofqual fines OTHM £25,000 over malpractice reporting failures

Ofqual has issued a £25,000 monetary penalty to OTHM Qualifications after finding serious and repeated failures in the way malpractice allegations were handled. In the published notice, the regulator presents the case as a breakdown in basic regulatory discipline rather than a dispute about isolated judgments. For the qualifications sector, the decision matters because it turns routine governance requirements into an enforcement case. Ofqual is signalling that weak case handling, poor escalation and unreliable records can amount to a direct risk to learner protection and to confidence in regulated qualifications.

The investigation began in February 2024 after Ofqual received 12 allegations of malpractice involving OTHM qualifications. From there, the regulator found instances in which colleges and training providers at the centre of allegations were told to investigate those allegations themselves. That approach is difficult to reconcile with independent oversight, particularly where a provider had already been told that accreditation could be withdrawn if wrongdoing were found. In regulatory terms, self-investigation by an implicated centre weakens the credibility of findings and raises obvious questions about whether evidence has been tested at arm’s length.

Ofqual also found basic failures in record management. When the regulator asked for malpractice records, OTHM supplied different registers on different occasions, with inconsistent information across them. The organisation was also unable to produce investigation reports for four cases that, under its own policy, should have been retained. A shifting or incomplete audit trail makes it harder for a regulator to identify repeat patterns, check whether decisions were proportionate and confirm whether cases were closed on a sound basis.

The reporting position was similarly weak. Between 2018 and 2024, OTHM sent Ofqual only one notification about a potentially serious incident, even though its own records showed dozens of malpractice and maladministration events that met the reporting threshold. That gap matters because notification requirements exist to allow early intervention. Where serious events are not escalated, the regulator loses the chance to assess risk at the point when action may still prevent wider harm to learners, centres and the standing of the qualification.

Since Ofqual intervened, OTHM has produced a detailed action plan and said it has invested in systems, processes and staff to prevent a repeat. The organisation has also agreed to provide regular reports to Ofqual on whether those changes are working in practice. Those reports will be checked by independent auditors, which places the case in a monitored remediation phase rather than ending with the fine itself. The structure is familiar in regulatory enforcement: a financial penalty is paired with formal assurance that corrective action can be evidenced over time.

Amanda Swann, Ofqual’s Executive Director for Delivery, said event notifications should be treated as a mark of good governance rather than an admission of failure. The point from the regulator is straightforward: if Ofqual is not informed, it cannot step in to protect learners when risks first emerge. The wider message to awarding organisations is clear. Malpractice investigations must be independent, records must be coherent and serious events must be reported promptly. For colleges and training providers, the case is a reminder that local handling of allegations will not sit outside scrutiny where regulated qualifications are concerned. The enforcement notice rests on a simple test: qualifications retain value only where the public can trust the controls behind them.