Memorandum of Understanding between the DfES and the QCA

1. This Memorandum of Understanding describes the working relationship between the Department for Education and Skills and the Qualifications and Curriculum Authority. It is underpinned by the legislative framework set out in the Education Act 1997, as amended by the Education Act 2002.

The role of the Department for Education and Skills (DfES)

2. Ministers are responsible to Parliament for the overall performance of the education and training system, the DfES and its non-departmental public bodies (NDPBs), including the QCA. Ministers set the overall strategic framework within which NDPBs, including the QCA, operate. Specifically, the QCA is required to comply with any directions given by the Secretary of State, and to act in accordance with plans approved by him.
3. The DfES has three objectives:
   • to give children an excellent start in education so that they have a better foundation for future learning;
   • to enable all young people to develop and equip themselves with the skills, knowledge and personal qualities needed for life and work; and
   • to encourage and enable adults to learn, improve their skills and enrich their lives;
   The DfES advises the Secretary of State and his Ministers on all matters relating to education and skills and is responsible for ensuring the delivery of the objectives and targets which Ministers set.

The role of the Qualifications and Curriculum Authority (QCA)

4. The QCA was set up under the Education Act 1997 as a non-departmental public body appointed by, and accountable to, the Secretary of State. It has responsibilities in the areas of the school curriculum (including the foundation stage), and all aspects of assessment, including external vocational and academic qualifications. It is required to conduct its business with a view to promoting quality and coherence in education and training.
5. In relation to the areas within its remit, the 1997 Act confers on the QCA the following functions:
   • to keep all aspects under review;
   • to advise the Secretary of State on any matter within its remit as it sees fit and on matters he refers to them;
   • to publish and disseminate information;
   • to advise the Secretary of State on programmes of research and development and assist him to carry these out if requested;
   • to make arrangements for auditing assessment arrangements;
   • to develop, accredit and regulate qualifications.

Core responsibilities of the DfES and the QCA in relation to the QCA’s remit

The school curriculum in England (including the foundation stage)

6. The QCA is the body with statutory responsibility for consulting on, and providing advice to, Ministers on the national curriculum including the foundation stage.
7. To fulfil its responsibilities, the QCA:
   • develops the national curriculum, including the foundation stage, which defines the knowledge, understanding and skills that must be taught and to which pupils are entitled;
   • defines through the national curriculum the standards against which pupils are assessed;
   • seeks views and consults all stakeholders including the education profession and the wider community on the curriculum;
   • keeps the curriculum under review to ensure it remains appropriate for the needs of individuals and the nation (this includes monitoring and reviewing the whole curriculum, individual subjects and aspects thereof);
   • reports annually to the Secretary of State on its findings;
   • undertakes curriculum development projects to ensure that the curriculum remains relevant;
   • develops and publishes information, support and guidance about the curriculum to communicate it to the profession and the community and to help those responsible for implementing it.
8. As part of its responsibilities, the DfES supports the Secretary of State and his Ministers in:
   • determining the overall legislative and policy framework including setting the statutory elements of the National Curriculum (as set out in Part 6 of the Education Act 2002);
   • collecting information and data relating to the education system and the working of the curriculum in practice (this includes information from QCA, Ofsted and other bodies) and gives advice to Ministers;
   • setting targets for school improvement based on performance data from national tests;
   • providing information, support and guidance to the profession and others about school improvement and teaching and learning;
   • developing, trialling and implementing national strategies for teaching and learning designed to support school improvement and help schools reach their targets;
   • commissioning advice from QCA, taking receipt of that advice and any other advice, and deciding whether to take action on the basis of that advice;
   • initiating and developing other curriculum related work as appropriate, taking advice from interested parties.

Qualifications and Testing

9. QCA is responsible for the development, delivery and administration of the national tests and, in conjunction with the Qualifications, Curriculum and Assessment Authority for Wales (ACCAC) and the Northern Ireland Council for the Curriculum Examinations and Assessment (CCEA) for the regulation of awarding bodies. (This Memorandum of Understanding does not describe the relationship between the QCA and the awarding bodies, which is set out separately in the regulatory arrangements. These include the accreditation criteria and codes of practice published jointly by the ACCAC, the CCEA and the QCA.)
10. To fulfil its responsibilities, the QCA:
    • develops, delivers and administers the national tests;
    • consults the profession and the wider community on all aspects of national testing;
    • provides assessment data from the administration of the national tests to DfES;
    • ensures that national curriculum standards are applied consistently and maintained over time through the national tests;
    • regulates the work of the awarding bodies in conjunction with ACCAC and CCEA;
    • works with ACCAC and CCEA to ensure that the standards of qualifications are maintained over time and are consistent between awarding bodies;
    • monitors and reviews how the assessment, testing and qualifications systems work in practice, provides advice to the Secretary of State and, where appropriate, issues advice in conjunction with ACCAC and CCEA, which advise Ministers in Wales and Northern Ireland;
    • works with awarding bodies and others to ensure that the assessment, testing and qualifications system is efficient and effective, takes account of technical developments and provides value for money;
    • publishes information and guidance about the assessment, testing and examinations systems.
11. As part of its responsibilities, the DfES supports the Secretary of State and his Ministers in:
    • setting policy for the development of the assessment, testing and qualifications system;
    • collecting and publishing information and data relating to school and college performance and pupil and student attainment based on the results of the national tests and qualifications;
    • monitoring and reviewing the assessment, testing and qualifications systems in relation to DfES strategic objectives and the working of the education system;
    • commissioning advice from QCA, taking receipt of that advice and any other advice, and deciding, with Ministers, whether to take action on the basis of that advice;
    • consulting with the Welsh Assembly Government, the Northern Ireland Department for Employment and Learning (DEL) and the Northern Ireland Department of Education (DE), awarding bodies and others about the development of policy on qualifications;
12. The DfES takes no part in the QCA’s work on setting, applying and maintaining the standards in the national tests and qualifications or in the regulation of awarding bodies.

Qualifications and workforce development

13. QCA, together with ACCAC and CCEA, are responsible for the accreditation of qualifications into the national qualifications framework, the maintenance of qualification standards, and for ensuring that there are appropriate qualifications available to meet national and local needs.
14. To fulfil its responsibilities, the QCA works with ACCAC and CCEA to:
    • develop a national qualifications framework, which applies to England, Northern Ireland and Wales;
    • set and review an accreditation system and then accredit qualifications into the National Qualifications Framework;
    • maintain the standards of qualifications;
    • respond to national and regional demands for new qualifications from employers and learners and in partnership with the Sector Skills Development Agency, Sector Skills Councils, the Learning and Skills Council, the Scottish Qualifications Authority, the National Council for Education and Training for Wales (National Council-ELWA) and the Northern Ireland Department for Employment and Learning (DEL).
15. QCA and the Scottish Qualifications Authority (SQA), ACCAC and CCEA manage the allocation of funds to the sector bodies for the development of national occupational standards together with the approval systems for these standards.
16. As part of its responsibilities, the DfES, working with the Welsh Assembly Government and the Northern Ireland Department for Employment and Learning (DEL) and the Northern Ireland Department of Education (DE), supports the Secretary of State and Ministers in setting the framework for meeting national skills needs, and approves the overall qualifications framework.

The formal conduct of business between QCA and the Secretary of State

17. The Secretary of State appoints the QCA Chairman and Board members, who are accountable to him. The Secretary of State also nominates a Minister who takes a lead responsibility for the relationship with QCA and meets the Board at least once a year.
18. The QCA may offer policy advice to Ministers on any of the areas covered by its remit. Ministers may also commission advice from the QCA on any of these areas. QCA may choose to publish its advice to Ministers.
19. The Secretary of State is represented at the QCA Board meetings as laid down in the 1997 Education Act.
20. The QCA Chairman and Chief Executive meet regularly with the Secretary of State and with other DfES Ministers.

Day-to-day working arrangements

21. There is a clear division of responsibility in most areas, particularly in the setting of assessment and qualification standards. Where, however, there is potential overlap:
    • meetings between QCA and senior DfES officials will agree specific responsibilities and agree lead roles in relation to each organisation’s remit and organisational expertise;
    • QCA and DfES officers will be involved on each other’s committees and working parties as necessary;
    • In some cases, a joint group will be formed to take work forward.
22. A separate DfES/QCA memorandum governs day-to-day financial arrangements and the respective roles of the Permanent Secretary of the DfES as Principal Accounting Officer and the Chief Executive of QCA as Accounting Officer of the Authority.
23. It is the responsibility of the DfES to keep itself briefed on QCA matters and that of the QCA to keep itself briefed on DfES matters. This inevitably involves frequent informal contact between officers.
24. A concordat established between DfES and the cabinet of the National Assembly for Wales covers co-operation between the organisations on matters of joint interest.