Ofqual Fines Pearson £250,000 for Breaching Exam Confidentiality.
England's largest examination board, Pearson, has been penalised with a £250,000 fine after failing to adhere to confidentiality policies during the creation of exam papers. The breach, which took place in 2023, raised concerns over potential conflicts of interest and the security of exam materials.
Pearson informed the regulator, Ofqual, that it did not follow its own procedures to maintain the confidentiality of examination materials. The organisation also failed to identify conflicts of interest among 195 examiners for GCSE, A-level, and BTEC qualifications, who were also employed as tutors at schools where students sat the exams under the National Tutoring Programme.
Ofqual’s executive director for general qualifications, Amanda Swann, commented, "Our rules protect students taking regulated qualifications including GCSE, A Level and BTECs. We will take action when our rules are breached, and the interests of students are put at risk."
While Swann noted that there was "no evidence of any direct impact on students," she added, “Pearson failed to guard against conflicts of interest and breaches of confidentiality, and we intend to impose a fine accordingly.”
The incidents in question, involving six breaches of Pearson’s policies, put the integrity of the examinations at risk. One such incident involved a teacher at a Pearson centre who also served as a senior associate responsible for developing an A-level exam paper. According to Pearson's policy, multiple versions of an exam paper should be created to prevent any single individual from knowing with certainty which paper would be administered. Ofqual confirmed that Pearson did not follow this process for a GCE paper in 2023.
Pearson acknowledged that for another qualification, multiple versions of the exam paper were not produced for the summer 2023 session, despite the relevant policy being in place. The company explained that "internal failures due to human error" could have allowed senior management to determine which version of the paper would be used.
Furthermore, 195 examiners, who were also tutoring under Pearson’s National Tutoring Programme, were involved in assessing 7,244 student exam responses from schools with potential conflicts of interest. These tutors had not declared their tutoring activities in connection with their roles as examiners, and Pearson failed to cross-reference or verify the information.
In response to the violations, Pearson cooperated fully with Ofqual’s enforcement process and acknowledged that it had breached the conditions of recognition required for regulated qualifications. The company has since taken corrective actions, including implementing a "comprehensive review" in collaboration with the regulator, though no evidence of negative impact on students was found.
A representative from Pearson stated, "Upon discovering the potential conflicts of interest in 2023, we promptly informed Ofqual, implemented immediate corrective measures, and resolved the matter."
While acknowledging the oversight, Pearson added, “These events took place following a period of unprecedented disruption due to the pandemic. We acknowledge that established processes were not followed. We have updated our systems and continue to invest in enhancing and automating our processes to improve controls and reduce risk.”
The £250,000 penalty is in addition to covering Ofqual's reasonable legal expenses. Pearson's swift actions following the discovery of the breaches aim to restore confidence in its examination processes and prevent future occurrences.
Pearson is a leading global education company that provides innovative learning solutions and services. With a focus on empowering learners of all ages, Pearson offers a wide range of educational products, including textbooks, digital learning platforms, assessments, and professional development services. The company is dedicated to transforming education through technology, helping learners succeed in an ever-evolving world. Pearson’s mission is to provide high-quality education resources that are accessible to everyone, promoting lifelong learning and driving positive outcomes for students globally.
