Reasonable adjustments of general qualifications: guidance

Section 96 of 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. 

The Act gives the Welsh Ministers (as the appropriate regulator ^{[Footnote 1]} Under section 97 of the Act the Welsh Ministers have the power to prescribe which qualifications conferred in Wales are included in the definition of ‘relevant qualifications’ under section 96 of the Act. These are set out in Annex A.

It should be noted that this power relates to general qualifications only. It does not relate to vocational qualifications which are covered by section 53 of the Act. See also section 54 of the Act which provides that a relevant qualification for the purposes of section 53 is an authorisation, qualification, recognition, registration, enrolment, approval or certification which is needed for, or facilitates engagement in, a particular trade or profession.

The Welsh Ministers have consulted on their power under section 96 of the Act. Having considered the responses to this consultation, and having undertaken an Equality Impact Assessment, the Welsh Ministers are making the specifications set out below.

In developing these specifications, Ministers have taken 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.

The making of specifications by the appropriate regulator only removes the duty on awarding organisations to make reasonable adjustments within the limited confines of those specifications.

Where the appropriate regulator has not made any relevant specifications, awarding organisations remain under a legal duty to make reasonable adjustments for disabled candidates. Awarding organisations must consider what adjustments might be reasonable in any particular set of circumstances. That an adjustment is not subject to a specification does not mean that it will necessarily be reasonable in any particular set of circumstances.

Section 96(7) of the Act does not give the appropriate regulator responsibility for monitoring or enforcing equality law. Decisions concerning what constitutes discrimination are ultimately a matter for the courts. The Equality and Human Rights Commission (EHRC) is the public sector body responsible for promoting, monitoring and enforcing equality.

Section 96(7) of the Act does not create a power of appeal to the appropriate regulator for disabled candidates who are refused an adjustment. Where disabled candidates have been refused an adjustment by an awarding organisation, they may complain to the awarding organisation. Disabled candidates may be able to take such a complaint to court under equality legislation. 

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. References in this document to current practice are references to practice as detailed in Access Arrangements, Reasonable Adjustments and Special Consideration: General and Vocational Qualifications.

Exemptions as a last resort 

An exemption must not be used as a reasonable adjustment, except where no other reasonable adjustment is appropriate. 

The amount that can be exempted 

An exemption must not be used as a reasonable adjustment where it would form more than 40 per cent of the available (weighted) marks of a qualification. For principal learning, 40 per cent of the qualification relates to 40 per cent of the guided learning hours. 

Exemption of whole component 

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. 

Grade boundaries or pass marks 

Awarding organisations are not subject to a duty to make reasonable adjustments to grade boundaries and (or) pass marks for disabled candidates. 

Readers 

Human readers must not be used as a reasonable adjustment where a candidate’s reading ability is being assessed. 

Scribes and voice recognition 

Human scribes and voice recognition systems must not be used as a reasonable adjustment to demonstrate written skills where a candidate’s writing ability is being assessed. 

British Sign Language 

British Sign Language must not be used as a reasonable adjustment where candidates are required to demonstrate their ability to speak or listen.

Practical assistants

Practical assistants must not be used as a reasonable adjustment where candidates are required to carry out physical tasks or demonstrate physical skills that form part of the qualification’s assessment objectives. 

Exceptional arrangements for exemptions

For the following stipulated qualification for the 2026 assessment year

GCSE Welsh Second Language so that 50% (opposed to 40%) of the qualification marks can be exempted as a reasonable adjustment where no other reasonable adjustment is available.

For the following stipulated qualifications for first teaching from September 2025

• GCSE Core Cymraeg
• GCSE Cymraeg Language and Literature
• GCSE English Language and Literature 

For GCSE Core Cymraeg, that 50% (opposed to 40%) of the qualification marks can be exempted as a reasonable adjustment where no other reasonable adjustment is available; and 

For GCSE Cymraeg Language and Literature and GCSE English Language and Literature so that partial exemption of one or more components is allowed as a reasonable adjustment where no other reasonable adjustment is available.

Exemptions

• An exemption must not be used as a reasonable adjustment, except where no other reasonable adjustment is appropriate. 
• An exemption must not be used as a reasonable adjustment where it would form more than 40 per cent of the available (weighted) marks of a qualification. 
• For principal learning, 40 per cent of the qualification relates to 40 per cent of the guided learning hours. 
• 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.

A very small number of exemptions are granted each year by JCQ awarding organisations. The vast majority of these are for GCSE qualifications.

An exemption is a reasonable adjustment used as a last resort, where no other reasonable adjustment is appropriate. It is an agreement reached with an awarding organisation, in advance of an assessment, that a disabled candidate can be exempted from a component (or components) of a qualification. When an exemption is granted, the candidate’s performance on the components actually taken is considered to be the performance on the whole qualification.

Exemptions are used as a last resort because they do not allow candidates to demonstrate fully what they can achieve. Every effort should be made to identify reasonable adjustments that allow the candidate to participate in the assessment of all parts of a qualification. Where an exemption is given, this is indicated on the candidate’s certificate.

Allowing exemptions minimises disadvantage to disabled candidates. 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 candidates.

Currently, the maximum proportion of a qualification that can be exempted is 40%. Exemptions must only be provided for whole components where a candidate cannot access any part of that component. This specification reflects the current approach and is intended to ensure consistency across awarding organisations and help ensure that exemptions are used only as a last resort. As noted every effort should be made to identify reasonable adjustments that allow the candidate to participate in the assessment.

Due to the assessment structure of the GCSE qualifications stipulated below, exceptional exemption arrangements are permitted in specific circumstances. 

For the following stipulated qualification for the 2026 assessment year

GCSE Welsh Second Language (WJEC) so that 50% (opposed to 40%) of the qualification marks can be exempted as a reasonable adjustment where no other reasonable adjustment is available.

The qualifications, for first teaching from September 2025, are:

• GCSE Core Cymraeg (WJEC)
• GCSE Cymraeg Language and Literature (WJEC)
• GCSE English Language and Literature (WJEC)

For GCSE Core Cymraeg, 50% (opposed to 40%) of the qualification marks can be exempted as a reasonable adjustment where no other reasonable adjustment is available; and 

For GCSE Cymraeg Language and Literature and GCSE English Language and Literature a partial exemption of one or more components is allowed as a reasonable adjustment where no other reasonable adjustment is available.

Both the GCSE Welsh Second Language and GCSE Core Cymraeg qualifications 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. Increasing the percentage of qualification marks that can be exempted as a reasonable adjustment where no other reasonable adjustment is available addresses the potential impact on learners whose disability may affect their ability to complete the oracy assessment.

In the case of the GCSE Cymraeg Language and Literature and GCSE English Language and Literature, due to the integrated (written and oracy integration) nature of the oracy assessment, there is the potential that the learner could access and complete some of the written assessments within the Unit, even if a disability impacted on their ability to fully access the oracy element of that same assessment. Under the current stipulation, this ability to complete part of the assessment would negate the possibility that the learner may be exempted from the oracy element alone.

Grade boundaries and pass marks

Awarding organisations are not subject to a duty to make reasonable adjustments to grade boundaries and (or) pass marks for disabled candidates.

This specification makes no change to current arrangements.

Specifying that awarding organisations are not subject to a duty to make reasonable adjustments to grade boundaries and (or) pass marks will help maintain public confidence and help ensure that qualifications provide a reliable indication of the knowledge, skills and experience of the candidate.

This approach does not disadvantage or advantage disabled candidates. Reasonable adjustments are intended to try to create a level playing field where a disabled candidate is placed at a substantial disadvantage in an assessment in comparison with candidates who are not disabled.

By having no adjustment to grade boundaries and (or) pass marks, disabled candidates can be assured that they gain their qualifications on merit. The qualification or grade has the same value for all candidates.

Example 

If the mark range for a grade C in GCSE Mathematics is 50 to 59 per cent, a disabled candidate and a non-disabled candidate achieving 59 per cent will both be awarded a grade C.

Readers

Human readers must not be used as a reasonable adjustment where a candidate’s reading ability is being assessed.

Readers may be human readers or computer/screen readers, all of which read out written assessment materials. Current practice is to disallow the use of human or computer/screen readers when a candidate’s reading ability is being assessed. However, these can be used as a reasonable adjustment where the candidate’s ability to read is not being assessed.

In an everyday working and classroom environment, learners may use assistive technologies such as screen readers to access written text. We want assessments to be consistent with the ‘real world’ provided this does not undermine the assessment objectives.

At present, human readers and assistive technologies are treated in the same way. There are important differences between them, however. 

• Assistive technologies and human readers do not interpret text in the same way. Human readers can add a layer of vocal interpretation (nuance and meaning), which could affect a candidate’s response and therefore compromise the reliability of the qualification.
• Assistive technologies allow for independence, whereas a human reader does not.

When a candidate’s reading ability is being assessed, the use of assistive technologies such as computer or screen readers in reading assessments will be allowed a change from the present situation. However, the current practice of not allowing the use of human readers in such assessments will continue to ensure that the qualifications provide a reliable indication of candidates’ knowledge, skills and understanding.

Example 

In a GCSE Welsh or English reading examination designed to test the candidate’s reading ability, a human reader should not be used. In this case, alternative reasonable adjustments such as the use of a computer or screen reader could be considered.

Scribes and voice recognition technologies

Human scribes and voice recognition systems must not be used as a reasonable adjustment to demonstrate written skills where a candidate’s writing ability is being assessed.

Scribes and assistive technologies, such as voice recognition systems, are used where candidates cannot write or type using a word processor. Scribes are people who write or word-process a candidate’s dictated answers. Voice recognition systems produce an electronic file and a hard copy when the candidate dictates into a computer.

This specification reflects current practice. For most qualifications, the use of scribes and voice recognition systems is an appropriate reasonable adjustment. However, where qualifications explicitly assess the ability to write, such as GCSE Welsh, English and modern foreign language qualifications, the use of scribes or voice recognition systems can have a direct impact on the assessment objectives.

This specification does not preclude the use of scribes and voice recognition systems altogether. However, where scribes and (or) voice recognition systems are used, marks allocated for spelling, punctuation and grammar (SPaG) will not be available to the candidate, unless the candidate spells out the letters of each word to the scribe. This ensures it is the candidate’s language accuracy skills, not the scribe’s, which are assessed.

Examples 

• In an AS design and technology assessment, a voice recognition system or scribe may be used as a reasonable adjustment as the candidate’s ability to write does not form part of the assessment objectives. 
• In a GCSE French writing assessment, a voice recognition system must not be used as it would generate words and not allow the candidate to demonstrate their own ability to write accurately in French. As an alternative reasonable adjustment, a candidate could dictate answers into a recording during the assessment. They could then re-run the recording, spelling individual words to a scribe. 
• In a GCSE English writing assessment, a scribe may be used as a reasonable adjustment. However, the candidate is not awarded marks for spelling and punctuation generated by the scribe.

British Sign Language

British Sign Language must not be used as a reasonable adjustment where candidates are required to demonstrate their ability to speak or listen.

Currently, the use of British Sign Language (BSL) is not available as a reasonable adjustment in speaking and listening components of most English, Welsh and modern language general qualifications. This is because:

• BSL is recognised as a language in its own right. 
• Current GCSE qualification criteria in English, Welsh and modern foreign languages specifically reference the ability to speak and listen, but do not reference non-written communication in a wider sense.

In the longer term, we want to develop a more consistent approach to the use of BSL across all English, Welsh and modern language qualifications. However, there are clear reasons for adopting different approaches which relate directly to existing assessment objectives. As these remain in place, our specification has to takes account of these differences.

Example 

In a GCSE German listening assessment, the provision of a BSL interpreter would not be allowed. To do so would mean the candidate was not demonstrating their ability to understand spoken German, which is one of the assessment objectives. Other reasonable adjustments such as a cued speech interpreter may be allowed, or where these are not appropriate, an exemption may be requested.

Practical assistants

Practical assistants must not be used as a reasonable adjustment where candidates are required to carry out physical tasks or demonstrate physical skills that form part of the qualification’s assessment objectives.

Allowing practical assistants to demonstrate physical skills that form part of the assessment objectives would undermine public confidence in the qualification, since candidates would not be assessed on the basis of their own abilities.

This specification reflects current arrangements, and does not preclude the use of a practical assistant to perform tasks that are not part of the assessment objectives.

Examples 

• Where candidates are being assessed on their ability to play a musical instrument in a music qualification a practical assistant is not allowed to demonstrate those skills on behalf of the candidate. 
• Where a disabled candidate requires assistance to turn pages in a written examination, or to move equipment in a scientific practical assessment, a practical assistant may perform these tasks because such physical skills are not part of the assessment objectives.

All the specifications will come into effect from 16 February 2026.

The specifications set out the reasonable adjustments that must not be used in order to avoid compromising the standard and integrity of general qualifications. Awarding organisations are responsible for decisions about which adjustments will be made available and these are normally considered on an individual basis, depending on the needs of the learner. That an adjustment is not subject to a specification does not mean that it will be reasonable in any particular circumstance. 

The Welsh Government, working with Qualifications Wales as the qualifications regulator in Wales, will review these specifications regularly and update them as required.

Related publications and guidance 

• The Equality Act 2010 www.legislation.gov.uk
• The Equality Act 2010 (Section 96) Qualifications bodies: Equality Act 2010
• The Equality Act 2010 (General Qualifications Bodies Regulator and Relevant Qualifications) (Wales) Regulations 2010 www.legislation.gov.uk
• Integrated Impact Assessment: Reasonable Adjustments of General Qualifications – Amending statutory guidance exercising Welsh Ministers’ regulatory power under the Equality Act 2010
• Access Arrangements, Reasonable Adjustments and Special Consideration: General and Vocational Qualifications, Joint Council for Qualifications (updated annually) www.wjec.co.uk/home/administration/jcq-documentation/
• Fair access by design, Qualifications Wales fair-access-by-design-2025.pdf
• Code of Practice in relation to Trade organisations, Qualifications bodies and general Qualifications Bodies, Equality and Human Rights Commission (not yet updated to reflect changes made by 2010 Equality Act) www.equalityhumanrights.com
• Public Sector Equality Duty: specific duties in Wales: Dyletswydd Cydraddoldeb y Sector Cyhoeddus: dyletswyddau penodol yng Nghymru | EHRC

For further information please contact:

Qualifications Wales Sponsorship Unit 
Learner Pathways Division
Tertiary Education Directorate
Welsh Government
e-mail: QWSUCorrespondence@gov.wales

[1] In England the appropriate regulator is Ofqual, in Scotland the appropriate regulator is SQA. The Equality Act 2010 is not applicable to Northern Ireland, which has separate equality legislation.