Welcome

Supporting Best Practice in ESOL with Citizenship

Vanessa HowellTeam Leader (Recognition and Accreditation)

Introduction to the day

ESOL requirements for Settlement and Citizenship

Speaker Ann Robertson

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The history of the English language requirements for settlement and citizenship

1914 - British Nationality and Status of Aliens Act introduces requirement that applicants for naturalisation have adequate knowledge of English.

Until 2004, adequate knowledge was assumed, unless there was reason to believe this might not be the case.

2004 - British Nationality Regulations introduce requirement for written confirmation of knowledge of English. ESOL Entry 3 qualification was an alternative.

2005 – Further Regulations introduced the Life in the UK test and the ESOL with Citizenship route to meet the need of those whose English had not yet progressed to Entry level 3.

2007 – The citizenship requirements were extended to settlement.

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English Language & Integration

Speaking English and knowledge of the basic British principles and values

•promotes integration into British society,•helps prevent segregation and divided communities, •and broadens opportunities, irrespective of background.

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ESOL REQUIREMENTS FOR SETTLEMENT AND CITIZENSHIP

.Applicants for Settlement (Indefinite Leave) or Citizenship in the UK are required to demonstrate a knowledge of English language and life in the UK.

There are two possible ways to do this:

• Pass the Life in the UK test in English

• Obtain an ESOL qualification

Settlement gives an applicant Indefinite Leave to remain in the UK, and access to a range of rights including right to work, access to benefits system and health system, higher education on same basis as other residents, right to sponsor family members.

Citizenship enables an applicant to apply for a British passport, the right to vote, EEA movement rights and access consular assistance abroad.

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Issues

Inaccurate initial assessments

Inappropriately trained assessors undertaking initial assessment

Lack of true progression - taking ESOL course at too low a level or where KoL appropriate

Short courses of dubious value

ID issues

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The April Changes

On 7th April, UKBA introduced changes to the Immigration Rules and British Nationality (General) (Amendment) Regulations 2010 to make the requirements clearer and tackle the identified abuses.

Applicants must demonstrate

i) attending an ESOL course at an accredited college;(ii) the course used teaching materials derived from the document entitled

“Citizenship Materials for ESOL Learners” (ISBN 1-84478-5424);(iii) demonstrating relevant progress (iv) attaining a relevant qualification.

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Elements of ESOL route –since April 2010

•Attendance at course at accredited institution

•Course at appropriate level - A1, A2 or B1 leading to relevant qualification

•Required progression of at least one level

•Course based on citizenship materials.

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Progression requirement

An applicant has “demonstrated relevant progress” if he meets the requirements of following requirements of the Immigration Rules and their equivalent in the Nationality Regulations.

(a) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, are that the applicant provides evidence to the Secretary of State that –(i) prior to his commencing a course of study leading to a relevant qualification an ESOLassessment was undertaken by a suitably qualified person to assess his level of Englishlanguage ability; and(ii) he has successfully completed a course of study leading to a relevant qualification; and(iii) having been assessed in accordance with paragraph (i) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or(iv) having been assessed in accordance with paragraph (i) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or(v) having been assessed in accordance with paragraph (i) as being at Entry 2, he has attained a relevant qualification at Entry 3.

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Exemptions

There are exemptions from the requirement to demonstrate knowledge of English and life in the UK.

Some immigration categories are exempt at settlement stage (but not Citizenship) e.g. bereaved partners, refugees, members of British forces on their discharge

There are general exemptions:

• Age – under 18 or over 65• Disability - suffering from a long-term illness or disability that

severely restricts your mobility and ability to attend language classes; or

a mental impairment which means that you are unable to learn another language

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The Way Forward

We continue to work with the accreditation bodies to refine the accreditation systems.

We welcome the opportunity to work with OFQUAL and yourselves to review the ESOL with Citizenship qualifications and ensure that they continue to meet the needs of candidates, of yourselves and of society.

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Other Developments

From 29 November 2010, you have needed to show that you can speak and understand English if you want to enter or extend your stay in the UK as the partner of a British citizen or a person settled here.

Applicants who are not a national of a majority English-speaking country or do not have a degree taught in English need to pass an acceptable English language test with one of the approved test providers.

The test is of speaking and listening at A1 CEFR standard

Refreshment Break

Why Is It Important To Learners?

Tuesday 30th November 2010

Tahir Hussain

Overview

• Introduction • Background Citizenship Project• History Of East Lancashire BME

Communities• Student Experience• Interactive Case Study• Questions & Discussion

• ARC Delivering ESOL for 20 Year• Over 27 Part Time Tutors• 5 Full Time Staff• 2007 European Integration Fund 3 Years• Working with Key Partners UKBA and

OFQUAL• OFSTED 2008 – 2009 Outstanding

Geography & History Of BME in East Lancashire

• UK Revolution in the 1950s• Migration in East Lancashire late 1950s

and 1960s• Economic Reason- booming textile and

cotton mills• 1970s families settle in packets of East

Lancashire, Burnley, Nelson, Blackburn, Preston & Accrington

East Lancashire

• East Lancashire consists of Blackburn, Burnley, Nelson, Pendle, Accrington

• High unemployment amongst BME – Closure of the cotton mills

• Burnley riots 2001 Central government investment “Community Cohesion”

• Ted Cantle report 2009 Blackburn is the most segregated town in England

• BMP won two seats on the local council• Education – school achievement below

the national average

East LancashireFigure 1 Ethnic Minorities in Lancashire by Ward, 2001

Why is it important for the learners?

• In order to remain in the UK MUST show evidence that the learner has completed a Citizenship Course

• Applying for Naturalisation• Life changing experience• Learning to speak English• Social-making friends

How the Learning will be Assessed?

• Initial Assessment (At initial interview) • Diagnostic Assessment

(Assessing R,W,S & L on the first day of the course)

• Formative Assessment (During the course)• Internal Assessment (In house assessment)• Summative/External Assessment

(Examining Body)

Positive outcomes

• Experience of learning• Impacts in local community• Leading to further learning• Leading to employment

Any Questions?

What does Best Practice mean to you?

Around your tables..

Share your experience of what best practice is to you: as an individual on behalf of your awarding organisation

Ofqual staff from you table will record your responses and feedback following today’s event to share with the rest of the group

Lunch

ESOL, Citizenship

And

Awarding bodies

Nationality legislation

Has changed the function of ESOL SFL qualifications

No longer just a demonstration of language skills

BUT potentially

................A passport to citizenship

Issues:

Insufficient capacity in publicly funded colleges

Open market for Private Training Providers

New opportunities for any accredited institution

Questions....

How much responsibility do Awarding Bodies have to ensure that centres comply with Home Office requirements?

How do Awarding bodies ensure that centres offering their qualifications are “fit for purpose”?

How do you protect your good name and the integrity of your qualifications?

What do we expect?

Qualified experienced tutors Management structure Funding Premises Initial assessment of learners Schemes of work Internal SAR and Ofsted inspection

Some Private Training Providers(non- accredited- Home Office)

No Inspection process Staff may not be qualified No public funding Variable premises No previous experience of ESOL SFL No Initial assessment No schemes of work

Private Training Providers( accredited)

Centres which are registered with one of four approved accreditation bodies

may deliver a range of vocational courses

may deliver EFL

may never have delivered ESOL

Accreditation bodies have never registered or inspected ESOL.......

Marketing

Direct approach to FE colleges, LEAS

Liaison with Accreditation bodies

Website information

Registration of centres

Publicly funded

PTP community based centres

Centres already accredited through ABLS, ASIC, BAC, Accreditation UK

What can we do?

Application form for registration needs to request: Contact details including website Type of institution Exams organiser/QA manager CVs and qualifications of all tutors Information on facilities available Initial assessment materials Schemes of work Referee Accreditation body registration

Information /Training visit

Meet tutors and organiser as part of the centre approval process

Check: Initial assessment materials Scheme of work Facilities, Materials and resources Tutor qualifications Marketing information Records kept

Take up references

Information /training visit

Provide: Information on Awarding Body procedures Clarification of “Citizenship” legislation Guidelines re ID Clear code of Practice v vPreliminary, provisional registration – If internally

assessed do not issue direct claims status until you have assessed yourselves and made the first EV

Planning assessments

Externally assessed - agree assessment timetable

Internally assessed- Avoid on-demand testing- Agree a fixed schedule of test dates or require the

centre to give AO notice period of up coming assessments

- Give the EV the opportunity to observe assessments

Assessment

External assessor- can check ID of candidate facing them- can see initial assessment documentation- can inspect course records- can ask questions- can complete evaluation at each visit

Internal Assessment

Ensure that tutors are qualified and competent Internal verification strategy and qualified IV Request initial assessment and ID documentation Consider videoing assessment rather than

recording? Make regular visits to centre ensure quality Be aware of assessments and plan visits so that

some assessments can be observed

Certificates

Anti fraud measures include:

Holographic logos Microwriting Auditable numbering system Have a robust and auditable replacement

certification process

And finally.....

Liaison

with UKBA with Accreditation Bodies with Ofqual with centres

Ongoing monitoring and evaluation of all centres

ESOL, Citizenship and Awarding bodies

Jan Luff

ESOL and Citizenship consultant

November 2010

What lessons have you got from today which you are taking away?

Around your tables:

Identify three things from each table which you could take away and action within your own awarding organisation.

The Ofqual member of staff will record these and provide them to June and Vanessa from 2.15 onwards to share with the rest of the delegates.

Refreshment Break

Malpractice in ESOL – Ofqual’s Experience

Sue GeorgeInformation and Investigations Manager

ESOL and citizenship- Non compliance and malpractice

Trudie Wright/Sue George November 2010

Background

• UKBA requirement for English language in 2004

• Insufficient capacity in publicly funded colleges

• Open market for private providers

• Private provision mostly excellent however this new market did present opportunities for the not so scrupulous

• ESOL as developed prior to 2004 was not developed with the Home Office legislation in mind – it was developed to generally help people gain basic English language to enable a better integration into UK society.

• In all walks of life where a person requires a certificate or a license to practice to achieve certain legislative requirements there is the potential for fraud or malpractice as short cuts are made.

Integrity of the qualification and protection for the learner

• Ofquals key concerns are that the assessments and certificates are valid and the learner gets the qualification they deserve

• Statutory requirements detail central approval requirements – para 11

• It also details requirements for assessment and certification and has specific references to internal assessments – para 59 – 61 where QA, control and arms length management by the awarding body is so key.

• Finally we detail requirements for cases of malpractice – from the allegation point through to conclusions.

• We have a duty of care to the learners to ensure the provision is at the required standard and that the use for which it is intended – now changed – can indeed by met.

High profile – Awarding body reputation at riskCitizenship test 'cheat' probe at Blackburn institution

9:15am Thursday 3rd December 2009

By Tom Moseley »

A MAJOR investigation is under way into a college that has been charging immigrants £250 for English certificates which are a step towards British citizenship. ……………….

Programme(s)

BBC Radio 4 You and Yours

Date & time

Tuesday 13 April 2010 12.05

Subject/Interviewee

ESOL qualifications – Sarah, Lesley Cook

Julian Worricker, presenter:Now, thousands of people hoping to become British citizens have discovered that compulsory English language courses and qualifications taught at some colleges are now invalid……..

Language course 'scam' is new immigration gateway Times investigation reveals fears over cash for qualifications.

A college that appears to have no qualified teachers is under investigation after allegedly creating a fraudulent gateway to British citizenship by selling English language certificates to hundreds of Asian immigrants. …………

What are the hot spots

• Centre approval – high risk qualification requires a physical visit

• Candidate registration – issues around ID

• Initial assessment – need to show progression and candidate needs to be entered for a qualification which will improve their ability

• Training requirements – cannot be home study, needs to be conducted by competent and qualified trainers (as per Home Office requirements) which will lead to effective assessment.

• Assessment – internally assessed is the bigger issue

• IV process

• EV and moderation process

• Certification – replacement certificates

Examples of the issues seen this year

• Candidates being put forward for an entry level 3 qualification when they are clearly above this level

• Initial visit is the only visit – deposit taken, candidate recorded reading off a cue card to form basis of “assessment” and told to return with balance of payment in exchange for certificate some weeks later

• Satellite centres “selling” candidates into approved centres

• Training and assessment taking place at satellite non approved sites but details being passed back to approved site for certification - unknown to the awarding body

• Assessments being done with cue cards, using transliteration, or candidates covering themselves over and using hidden mobile devices

• Duplicate certificates being issued incorrectly

• Candidate identification – wrong person taking the assessment.

Investigations team at Ofqual

• Take a risk based approach to investigations

• Have a very wide list of intelligence sources achieved through MOUs between ourselves and other organisations and agencies.

• Have a clear remit to investigate allegations of malpractice however will expect the AO to conduct their own investigation first

• Will require to see the investigation report

• Will continue to monitor all external intelligence sources

• If necessary will conduct a centre visit with an AO

• Will offer support to AOs and give guidance on approach

• A small resource with a big remit!

Q2 2010 ESOL achievement 113, 000VRQ achievement 725, 000 (NQF only) – 13%

How we can work together?

• Keep us informed – no surprises!

• We are always happy to offer advice and support if needed

• We all have the same aim to offer quality qualifications and protect the interests of the learner

• Its your name on the certificate – your reputation is at risk!

• If you require support with investigations we will help if we can – either remotely or in person

• Happy to share understanding on UKBA policy or to point you in the right direction for clarification

• Need to consult for future development and accreditation

If in doubt speak to us…

Questions and Answers

Chair: Vanessa Howell

Ann Robertson, UKBA

Tahir Hussain, Chief Executive Al Hayat International Language Centre Jan Luff, ESOL Consultant

Sue George, Ofqual

Bryan Horne, Ofqual

Final remarks and close