Malpractice and Maladministration

Malpractice and Maladministration

Student to retain this copy for their records (Download here)

Reviewed – December 2025
Next Review – December 2027

 

We will review the guidance every other year as part of our annual self-evaluation arrangements and revise it as and when necessary in response to customer and learner feedback, changes in our practices, actions from the regulatory authorities or external agencies, changes in legislation, or trends identified from previous allegations.

In addition, this guidance may be updated in light of operational feedback to ensure our arrangements for dealing with suspected cases of malpractice and maladministration remain effective.

If you would like to feedback any views please contact us via the details provided at the end of this guidance.

 

Process for making an allegation of malpractice or maladministration

Anybody who identifies or is made aware of suspected or actual cases of malpractice or maladministration at any time must immediately notify T2 Fitness and the awarding body related to the course they are taking. In doing so they should put them in writing/email and enclose appropriate supporting evidence.

All allegations must include (where possible):

  • Students name, address and number
  • Learner’s Awarding Body registration number
  • Centre personnel’s details (name, job role) if they are involved in the case
  • Details of the course/qualification affected or nature of the service affected
  • Nature of the suspected or actual malpractice and associated dates
  • Details and outcome of any initial investigation carried out by T2 Fitness or anybody else involved in the case, including any mitigating circumstances

If T2 Fitness has conducted an initial investigation prior to formally notifying the Awarding Body (AB), it will ensure that staff involved in the initial investigation are competent and have no personal interest in the outcome of the investigation. However, it is important to note that in all instances T2 Fitness will immediately notify the AB if they suspect malpractice or maladministration has occurred as we have a responsibility to the regulatory authorities to ensure that all investigations are carried out rigorously and effectively.

In all cases of suspected malpractice and maladministration reported the AB will protect the identity of the ‘informant’ in accordance with duty of confidentiality and/or any other legal duty.

 

Definition of Malpractice

Malpractice is essentially any activity or practice which deliberately contravenes regulations and compromises the integrity of the internal or external assessment process and/or the validity of certificates. It covers any deliberate actions, neglect, default or other practice that compromises, or could compromise:

  • The assessment process;
  • The integrity of a regulated qualification;
  • The validity of a result or certificate;
  • The reputation and credibility of all involved parties; or,
  • The qualification or the wider qualifications community.

Malpractice may include a range of issues from the failure to maintain appropriate records or systems, to the deliberate falsification of records in order to claim certificates.

 

Definition of Maladministration

Maladministration is essentially any activity or practice which results in non-compliance with administrative regulations and requirements and includes the application of persistent mistakes or poor administration within a centre (e.g. inappropriate learner records).

 

Examples of maladministration

The categories listed below are examples of centre and learner maladministration. Please note that these examples are not exhaustive and are only intended as guidance on our definition of malpractice:

  • Persistent failure to adhere to learner registration and certification procedures.
  • Persistent failure to adhere to centre recognition and/or qualification requirements and/or associated actions assigned to the centre
  • Late learner registrations
  • Unreasonable delays in responding to requests and/or communications from AB’s
  • Inaccurate claim for certificates
  • Failure to maintain appropriate auditable records, e.g. certification claims and/or forgery of evidence
  • Withholding of information, by deliberate act or omission, from AB which is required to assure the centre’s ability to deliver qualifications appropriately
  • Misuse of logos and trademarks or misrepresentation of a centre’s relationship with an AB and/or its recognition and approval status with said AB
  • Failure to adhere to, or to circumnavigate, the requirements of our Reasonable Adjustments and Special Considerations Policy.

 

Examples of malpractice

The categories listed below are examples of centre and learner malpractice. Please note that these examples are not exhaustive and are only intended as guidance on our definition of malpractice:

  • Denial of access to premises, records, information, learners and staff to any authorised AB representative and/or the regulatory authorities
  • Failure to carry out internal assessment, internal moderation or internal verification in accordance with our requirements
  • Deliberate failure to adhere to learner registration and certification procedures.
  • Deliberate failure to continually adhere to centre recognition and/or qualification approval requirements or actions assigned to centre
  • Deliberate failure to maintain appropriate auditable records, e.g. certification claims and/or forgery of evidence
  • Fraudulent claim(s) for certificates
  • The unauthorised use of inappropriate materials / equipment in assessment settings (e.g. mobile phones)
  • Intentional withholding of information from AB which is critical to maintaining the quality assurance and standards of qualifications
  • Deliberate misuse of logos and trademarks or misrepresentation of centre’s relationship with AB and/or its recognition and approval status with AB
  • Collusion or permitting collusion in exams/assessments
  • Learners still working towards qualification after certification claims
  • Persistent instances of maladministration within the centre
  • Deliberate contravention by a centre and/or its learners of the assessment arrangements specified for qualifications
  • A loss, theft of, or a breach of confidentiality in, any assessment materials
  • Plagiarism by learners/staff
  • Copying from another learner (including using ICT to do so).
  • Personation -assuming the identity of another learner or having someone assume your identity during an assessment.
  • Unauthorised amendment, copying or distributing of exam/assessment papers/materials
  • Inappropriate assistance to learners by centre staff (e.g. unfairly helping them to pass a unit or qualification)
  • Deliberate submission of false information to gain a qualification or unit
  • Deliberate failure to adhere to, or to circumnavigate, the requirements of our Reasonable Adjustments and Special Considerations Policy.

 

T2 Fitnessresponsibility for preventing malpractice and/or maladministration

T2 Fitness have a responsibility to prevent instances of malpractice and maladministration, to establish and maintain, and at all times comply with, up-to-date written procedures for the investigation of suspected or alleged malpractice or maladministration

Whilst it is nearly impossible to completely remove the risk of maladministration or malpractice occurring within courses we feel the following would go some way to strengthening our internal arrangements in this area. Ensure:

  • All staff are aware of your policies and procedures and receive appropriate training/briefings on these
  • Staff have clear roles and responsibilities
  • There is a documented internal quality assurance procedure/methodology that is clearly in place and is subject to regular internal reviews
  • There are documented internal standardisation arrangements in place and evidence that these take place at least once a year (if not more)
  • Learners are informed of their roles and responsibilities in terms of not doing anything that may be deemed malpractice and jeopardise their potential achievements
  • All assessment and internal verification activities are accurately recorded and carried out in accordance with their internal quality assurance arrangements and in line with your expectations as out-lined in your qualification guides, etc
  • All registration and certification records are subject to appropriate internal review before submission to AB

 

Stage 1: Briefing and record-keeping

Anyone involved in the conduct of an investigation will have a clear brief and understanding of their role.

All investigators must maintain an auditable record of every action during an investigation to demonstrate that they have acted appropriately.

The officer assigning the investigating officer(s) will stipulate and/or provide secure storage arrangements for all material associated with an investigation in case of subsequent legal challenge. There may be occasions when a joint investigation occurs with the AB, with the roles of the two teams being clarified by the AB. It is our responsibility to ensure their investigators are fully aware of the agreed roles and processes to follow in the investigation.

 

Stage 2: Establishing the facts

Investigators will review the evidence and associated documentation, including relevant AB guidance on the delivery of the qualifications and related quality assurance arrangements.

Issues to be determined:

  • What occurred (nature of malpractice/substance of the allegations)
  • Why the incident occurred
  • Who was involved in the incident
  • When it occurred
  • Where it occurred – there may be more than one location
  • What action, if any, T2 Fitness has taken.

Stage 3: Interviews

Interviews will be thoroughly prepared, conducted appropriately and underpinned by clear records of the interviews. For example:

  • Interviews will include prepared questions; responses should be recorded.

Face-to-face interviews should normally be conducted by two people with one person primarily acting as interviewer and the other as note-taker.

Those being interviewed will be informed that they may have another individual of their choosing present and that they do not have to answer questions. These arrangements aim to protect the rights of all individuals.

 

Stage 4: Other contacts

In some cases, learners or employers may need to be contacted for facts and information. This may be done via face-to-face interviews, telephone interviews, by post or by email.

Whichever method is used, the investigator will have a set of prepared questions. The responses will be recorded in writing as part of confirmation of the evidence. Investigators will log the number of attempts made to contact an individual.

 

Stage 5: Documentary evidence

Wherever possible documentary evidence will be authenticated by reference to the author; this may include asking learners and others to confirm handwriting, dates and signatures.

Receipts will be given for any documentation removed from a centre.

Independent expert opinion may be obtained from subject specialists about a learner’s evidence and/or from a specialist organisation such as a forensic examiner, who may comment on the validity of documents.

 

Stage 6: Conclusions

Once the investigators have gathered and reviewed all relevant evidence, a decision is made on the outcome.

 

Stage 7: Reporting

A draft report is prepared and factual accuracy agreement obtained. The final report is submitted to the Internal Verifier for review and sign-off and shared with the AB and relevant parties within your organisation.

 

Stage 8: Actions

Any resultant action plan is implemented and monitored appropriately and AB must then be notified.

If you’ve any queries about the contents of the guidance, please contact our support team: E: info@t2fitness.co.uk
T: +44(0)7816 240137

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