Reasonable Adjustments of General Qualifications

The Equality Act 2010 places a duty on qualifications bodies to make reasonable adjustments for disabled candidates. Treating candidates fairly, while making sure the qualification remains valid, is an important consideration.

We want your views on proposals to make specific and limited changes to the Reasonable Adjustments Specification to ensure that learners in Wales with impairments and/or disabilities are not precluded from accessing qualifications under the qualifications system, with the provision enabling awarding bodies to make adjustments to certain aspects of an assessment (for general qualifications) and where required remove assessment components (via an exemption) in permitted circumstances.

Informed by this consultation and an Integrated Impact Assessment, it is our intention to publish an update to the Specification under The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010. As such its target audience must have regard to it when exercising functions under that Act. 

Qualifications Wales is a Welsh Government sponsored body, responsible for the regulation of qualifications, other than degrees, in Wales. Their role is to ensure that qualifications, and the Welsh qualifications system, are effective for meeting the reasonable needs of learners in Wales and to promote public confidence in qualifications and in the Welsh qualifications system. Qualifications Wales was established by the Qualifications Wales Act 2015 and its functions are set out within the Act.

Qualifications Wales have a level of autonomy over how to manage the qualifications system and their role is broader than that of a conventional qualifications regulator as they have additional powers to commission new qualifications and to restrict the range of qualifications offered. They must, however, have due regard to Welsh Government policy and priorities. Regulatory criteria for qualifications are stipulated by Qualifications Wales, which are then further developed into qualifications specifications and delivered by awarding bodies, such as WJEC in Wales.

Section 96 of the Equality Act 2010 (the Act) places various duties on qualification bodies including duties not to discriminate when conferring qualifications. Importantly section 96 also applies the duty to make reasonable adjustments in section 20 of the Act to qualification bodies. The Reasonable Adjustment Specification (‘the Specification’) – published in statutory guidance ‘Reasonable adjustments of general qualifications. Exercising Welsh Ministers’ regulatory power under the Equality Act 2010’ stipulates the guidelines and framework to ensure that learners in Wales with impairments and/or disabilities are not precluded from accessing qualifications under the qualifications system, with the provision enabling awarding bodies to make adjustments to certain aspects of the qualifications assessments and where required remove assessment elements (via an exemption) in permitted circumstances.

Section 96 of the Act also gives powers to the ‘appropriate regulator’ to specify circumstances in which the reasonable adjustment duty will not apply. In effect it allows the appropriate regulator to set the parameters of the reasonable adjustment duty. In doing so, the appropriate regulator must have regard to the need to minimise the extent to which disabled persons are disadvantaged, and the need to protect the integrity of, and maintain public confidence in the qualification. The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010 appoints the Welsh Ministers as the appropriate regulator for Wales. This means that the Welsh Ministers have ownership of any specifications regarding the provision of reasonable adjustments as well as the list of qualifications these may apply to. 

The current specification document details that an exemption from a qualification must not be used as a reasonable adjustment where it would form more than 40% of the available (weighted) marks of a qualification. Under these rules, any component, or combination of components, making up more than 40% of a qualification could not be exempted as a reasonable adjustment. In addition, an exemption for part of a component must not be used as a reasonable adjustment. Exemptions must only be provided for whole components where a candidate cannot access any part of that component.

In their role as the regulator for qualifications, Qualifications Wales has advised Welsh Ministers that amendments should be made to the Specification. This is to ensure learners with certain impairments and/or disabilities such as occasional mutism continue to be able to access the reasonable adjustment provision, including the potential for exemption of assessment. Following this advice, we are proposing to make specific and limited changes to the Specification to address this. 

As part of their role, Qualifications Wales has led a programme of work – Qualified for the Future – which has developed the design requirements for a new suite of National 14 to16 Qualifications to support the Curriculum for Wales. The Curriculum for Wales is about giving young people the right range of knowledge, skills and experiences to prepare them for life in an ever-changing and inter-connected world. It is vital that our new qualifications reflect and enable this. This work covers the National 14 to 16 qualification offer, including GCSEs. Here is a link to the full timeline for the Qualified for the Future reform programme.

In line with this timeline, in June 2023 the final approval criteria for the new National GCSE qualifications to be taught from September 2025 were published, confirming the GCSE qualification offer under the Curriculum for Wales. Subsequently, WJEC, as the awarding body, has developed the detailed specifications of each of the GCSE qualifications which have been subject to final approval by Qualifications Wales.

The full range of National 14 to 16 Qualifications that will be available from September 2027 are set out on Qualification Wales’s website.

The Equality Act 2010 (‘the Act’) places a duty on qualifications bodies to make reasonable adjustments for disabled candidates. Treating candidates fairly, while making sure the qualification remains valid, is an important consideration. Section 96(7) of the Act gives the Welsh Ministers (as the appropriate regulator in relation to a qualifications body that confers qualifications in Wales) power to specify where a reasonable adjustment to general qualifications should not be made.

In developing these specifications, Ministers have to take account of: 

• the need to minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities
• the need to secure that the qualification gives a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred
• the need to maintain public confidence in the qualification

Awarding bodies remain under a legal duty to make reasonable adjustments for disabled candidates and must consider what adjustments might be reasonable in any particular set of circumstances. Current awarding organisation practice on the use of reasonable adjustments in general qualifications is based on the Joint Council for Qualifications’ publication 'Access Arrangements, Reasonable Adjustments and Special Consideration - General and Vocational Qualifications', which is updated annually.

As stipulated in the Specification Document, the awarding body is required to explore all other options prior to considering an exemption from assessment. The awarding body would also be required to satisfy themselves that the qualification that they award to a learner is a reliable indication of the learner’s knowledge and skills and that their award does not compromise public confidence in the qualification overall.

In addition to setting the rules which awarding bodies must follow when making adjustments to assessments, the Specification also stipulates where an exemption from a qualification can be made. An exemption for one or more of the assessments that make up the qualification (meaning the learner is not required to sit that assessment), can be made where no other reasonable adjustment is appropriate in meeting their needs. It is an agreement reached with an awarding body, such as WJEC, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification.

The awarding body is required to explore all other options prior to considering an exemption, with any use of an exemption considered as a very last resort and must be evidenced by the individual circumstances of a learner. When an exemption is granted, the learner’s performance on the components completed is considered to be representative of the performance in all assessments. This performance is used to produce the overall qualification grade.

Allowing exemptions minimises disadvantage to disabled learners. Imposing certain limitations on their use helps maintain public confidence and helps ensure that the qualifications provide a reliable indication of the knowledge, skills and experience of learners in Wales.

Under the current stipulations, an exemption must not be used as a reasonable adjustment where it would form more than 40% of the available (weighted) marks of a qualification. Under these rules, any component, or combination of components, making up more than 40% of a qualification could not be exempted as a reasonable adjustment.In addition, an exemption for part of a component (or Unit) must not be used as a reasonable adjustment. Exemptions must only be provided for whole components (or Units) where a candidate cannot access any part of that component (or Unit).

Following advice from Qualifications Wales, we are proposing to make an exceptional rule on exemption of assessment for specific GCSE qualifications. These exceptional rules are proposed to allow awarding bodies scope to apply the provision for exemptions to enable learners with certain impairments and/or disabilities to access these specific qualifications.

The exception rules proposed are as follows:

• Add an exception for GCSE Core Cymraeg, so that 50% of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available.
• For the current GCSE Welsh Second Language qualification the proposal is to add an exception so that 50% (opposed to 40%) of the qualification assessment can be exempted as a reasonable adjustment where no other reasonable adjustment is available, for those learners who will be assessed against that qualification in the 2026 examination series. The current GCSE Welsh Second Language qualification will cease to be taught in schools to new Year 10 learners from September 2025, when the qualification will be replaced by GCSE Core Cymraeg.
• For GCSE Cymraeg Language and Literature and GCSE English Language and Literature to make a change to the specifications so that partial exemption of one or more components is allowed as a reasonable adjustment where no other reasonable adjustment is available.

Why these specific qualifications

The Welsh Language and Education (Wales) Bill intends to place the national target of a million Welsh speakers on a statutory basis, to give a firm legal basis to the concept of a Welsh language continuum, and to establish a specific linguistic outcome for all learners at 16 in relation to the ability to confidently speak Welsh by the time they leave statutory education. Along with the overarching strategic aims of the Welsh Language Strategy Cymraeg 2050, it is in the context of these wider ambitions for the Welsh language that GCSE qualifications, with a relatively high proportion of spoken assessment, have been designed.

Both the current GCSE Welsh Second Language and GCSE Core Cymraeg qualification (for first teaching in September 2025) are made up of four units with Units 1 and 2 both assessed through integrated speaking and listening tasks, contributing to 50% of the qualification assessment in total. This would mean that it is greater than the current permissible limit of 40% of the overall assessment.

The single award GCSE qualifications for Cymraeg Language and Literature and English Language and Literature are made up of four units. In respect of GCSE Cymraeg Language and Literature, to align with the Curriculum for Wales and Welsh Government’s focus on oracy and creating Welsh language speakers, the qualifications have been designed with a significant focus on oracy.

This is mirrored in the GCSE English Language and Literature qualification with two units (Units 2 and 3) assessed through tasks that assess both speaking and listening alongside written assessments, contributing 40% of the overall qualification assessment in total.

The double award GCSE qualifications for Cymraeg Language and Literature and English Language and Literature are made up of six units, with three units (Units 2, 3 and 5) with tasks assessing both speaking and listening alongside written assessments, also contributing 40% of the qualification assessment in total.

The current Specification Document stipulates that an exemption for part of a component must not be used as a reasonable adjustment. Exemptions must only be provided for whole components where a candidate cannot access any part of that component. This rule does not preclude an awarding body from considering cases for exemption to meet a learners need in the context of the current suite of GCSE qualifications, but the reformed GCSE Cymraeg Language and Literature and GCSE English Language and Literature (for first teaching in September 2025) are integrated. This means that the oracy assessment and written assessments are within the same assessment Unit. This presents the risk that a learner could access and complete some of the written assessments within the Unit but not able to complete the oracy assessment. Under the current rule / stipulation, this would remove the ability of an awarding body to consider a case to exempt a learner from the oracy element alone, if necessary to meet their needs.

As a result, the current parameters of the Reasonable Adjustment Specification would impact on learners undertaking these qualifications whose disability may affect their ability to complete the oracy assessment within the qualification units only.

The Welsh language has unique status within the curriculum given the Welsh Government's broader strategic aims for increasing the number of users of Welsh, including setting specific targets for linguistic outcomes by the time learners leave compulsory education. Welsh is a mandatory part of the curriculum for all school years, including Years 10 and 11. All learners should be supported to make continuous progress in their learning and using the Welsh language during these years. Qualifications have an important role to play in supporting schools to fulfil this requirement, in a way that builds on learners’ prior learning. For learners in English medium settings attaining GCSE Welsh Second Language or GCSE Core Cymraeg from September 2025, demonstrates a level of competence in Welsh and will be important in relation to progression and career choice for young people in Wales.

Similarly, obtaining qualifications in English is very important for learners’ onward progression into further education and employment. The Welsh Government has set an expectation that all Year 10 and 11 learners follow ‘a challenging, ambitious and stretching course that leads to a qualification in English’. For most learners this will be either a double or single award in the English Language and Literature GCSE.

The proposed approach of allowing exceptional exemptions for these specific qualifications to be considered in specific circumstances, will allow the learner to access the qualification by demonstrating their abilities and competence in the other aspects of the unit assessment, and not be prevented from accessing the qualifications by a disability which prevents them from undertaking the oracy elements.

The effect if no change is made

If there is no increase in the level of exemption then we consider that this will potentially unfairly prejudice the ability of persons with certain disabilities, such as occasional mutism, to obtain the qualification or at least obtain a higher grade. Without this change a learner might not be able to access 50% of the available marks in the qualification. In those circumstances it is possible that the lower grade may well hinder their future job prospects or their access to post-16 provision and Further Education courses which may require a higher grade as an entry criteria.

In practice if an exemption is granted in a particular case, the GCSE certificate will record the exemption afforded to that learner, providing transparency to post-16 providers and employers. The qualification will still give a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred.

In terms of considering exemptions for part components it is possible that without this change a learner may still obtain the qualification, but it is certainly less likely to be the case. If it were obtained, then it would result in a lower grade. Notwithstanding this change, the qualification will still give a reliable indication of the knowledge, skills and understanding of a learner upon whom it is conferred. The exemption will also be stated on the GCSE certificate. Given that it will affect very few people, we do not consider that it will adversely affect public confidence in the qualification.

We would welcome your views on the proposed approach. Dependent on the views and feedback to the formal consultation, we intend to publish revised Guidance via the Reasonable Adjustment Specification ‘Reasonable adjustments of general qualifications. Exercising Welsh Ministers’ regulatory power under the Equality Act 2010’ in due course.

Question 1: Do you agree with the proposed approach to amend the Reasonable Adjustment Specification to make exceptional rules on exemption of assessment for the specific GCSE qualifications identified?

Question 2: If you disagreed, or strongly disagreed with Question 1, we would like to know your views on whether this was in relation to the proposed approach overall, or in relation to one of the specific GCSE qualifications identified.

Question 3: Do you agree that the proposed approach will allow for fair and equitable access to the specific qualifications for learners whose disability may affect their ability to complete the oracy assessment?

Question 4: Do you agree that the proposed approach will minimise the extent to which disabled persons are disadvantaged in attaining the qualification because of their disabilities?

Question 5: Do you agree that the proposed approach will continue to allow the qualifications stipulated to give a reliable indication of the knowledge, skills and understanding of a person upon whom it is conferred?

Question 6: Do you agree that by undertaking the proposed approach that public confidence in the qualifications stipulated will be maintained?

Question 7: We would like to know your views on the effects that the proposed amendments to the Reasonable Adjustment Specification will have on the diverse needs of individual learners, including those from disadvantaged backgrounds and those who share protected characteristics (as set out under the Equality Act 2010).

Question 8: What, in your opinion, would be the likely effects of proposed amendments on the Welsh language in Years 10 and 11? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

Do you think that there are opportunities to promote any positive effects?
Do you think that there are opportunities to mitigate any adverse effects?

Question 9: In your opinion, could the proposed amendments in relation to the GCSE Core Cymraeg and GCSE Cymraeg Language and Literature qualifications be changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Question 10: We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please use this space to report them.

Please use the consultation response form to respond to the above questions.

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