Aipedia: Training providers and educators

Ofqual, Ofsted and DfE AI rules explained

Aipedia, by the Apex broking team · Last reviewed 2026-10-27

The DfE, Ofsted, Ofqual and JCQ have each published AI positions, and which ones apply depends on what you deliver. Commercial trainers with no accreditation have no sector regulator, but these documents still set the benchmark for reasonable care.

Part of: AI in training providers and educators

In short

There is no single regulator for training. The DfE's generative AI guidance for schools and colleges says not to enter identifiable personal data, not to train AI on students' work without permission, and that staff remain responsible for AI output. Ofsted does not inspect AI tools but looks at whether AI decisions serve learners. Ofqual's July 2026 position says AI may not be a sole marker in regulated qualifications. JCQ's AI Use in Assessments guidance shapes centres' malpractice policies. Unaccredited trainers are not bound by these, but they set the standard.

No single regulator

Training and education in England are overseen by several bodies, each covering different provision. Which rules apply to you depends on what you deliver:

Ofsted inspects schools, further education and skills (including many apprenticeship providers), and social care.
Ofqual regulates qualifications and the awarding organisations that offer them.
The Department for Education (DfE) sets policy for schools and colleges.
JCQ (Joint Council for Qualifications) sets malpractice rules for centres delivering GCSEs, A levels and similar qualifications.

Commercial and corporate trainers delivering unaccredited courses have no sector regulator. For them, none of the documents below is binding, but they are the clearest statements of what good practice looks like and are likely to inform how a client, court or insurer judges reasonable care.

At a glance

Body and document	Date	Who it is for	Key AI points
DfE: Generative AI in education	29 March 2023, updated 12 August 2025	Schools and colleges	No identifiable personal data in generative AI; no training on students' work without permission; check outputs; staff remain responsible; safeguarding
DfE: Generative AI product safety standards	22 January 2025, updated 19 January 2026	Edtech developers and suppliers	Product standards, with 2026 additions on development, mental health and manipulation
Ofsted: How Ofsted looks at AI	27 June 2025, updated 21 October 2025	Inspected providers	No direct inspection of AI tools; looks at whether AI decisions serve learners; non-final
Ofqual: Approach to regulating AI	Republished 16 July 2026	Awarding organisations	AI may not be a sole marker; authenticity; remote invigilation concerns; AI-generated items under research
JCQ: AI Use in Assessments, Revision 2	30 April 2025	Centre leaders, teachers, assessors	Should inform centres' AI and malpractice policies

DfE: generative AI in education

The DfE's Generative artificial intelligence (AI) in education was first published on 29 March 2023 and updated on 12 August 2025. It is guidance for schools and colleges. Its main points:

Personal data is recommended not to be entered into generative AI tools, and anything entered should not allow individuals to be identified.
Students' work must not be used to train generative AI without permission (from the student, or a parent or guardian for minors) or a copyright exception.
Outputs must be checked for accuracy. The professional who produces a document, and their organisation, remain responsible for its quality "regardless of the tools used".
Safeguarding: pupil-facing use needs safeguards, tool age limits must be respected, and Keeping children safe in education (KCSIE) filtering and monitoring standards should cover generative AI.
Assessments: providers must take reasonable steps to prevent AI-related malpractice, with reference to JCQ guidance.

The separate Generative AI: product safety standards (22 January 2025, updated 19 January 2026) are aimed at edtech developers and suppliers. The 2026 update added standards on cognitive, emotional and social development, mental health and manipulation. Providers buying AI tools can use them as a procurement checklist.

Ofsted: how it looks at AI

How Ofsted looks at AI during inspection and regulation (27 June 2025, updated 21 October 2025) makes clear that Ofsted does not inspect AI tools directly or as a standalone area. Inspectors look at whether providers' decisions about AI are sensible and serve learners. Data protection, safeguarding and bias are considered within existing judgements, and inspectors may ask how the accuracy of AI-produced material is checked. Ofsted describes this as a non-final position.

Ofqual: regulating AI in qualifications

Ofqual's approach to regulating the use of AI in the qualifications sector was republished on 16 July 2026, replacing the 24 April 2024 version. It applies to awarding organisations and, through them, to centres delivering regulated qualifications.

AI "may not be used as a sole marker" in any assessment that is part of a regulated qualification. Marking must be accountable, explainable and open to challenge, with expert human oversight. A January 2026 working paper set out principles for AI in high-stakes marking.
Students "must not present AI-generated work as their own". Awarding organisations must manage misuse and assure authenticity. Ofqual has asked exam boards for stronger deterrence, detection and authentication measures.
On remote invigilation, Ofqual doubts that sole use of AI meets the bar for attributing work to each learner, and flags bias concerns.
AI-generated assessment items are under research, with accuracy, bias and appropriateness flagged as risks.
Priorities for the next 12 to 24 months include strengthening its approach to student AI misuse.

JCQ: AI Use in Assessments

JCQ's AI Use in Assessments: Your role in protecting the integrity of qualifications (Revision 2, 30 April 2025) is aimed at senior leaders, teachers and assessors. Centres should share it with staff and use it to inform their AI and malpractice policies. For centres delivering JCQ qualifications, it is the working reference for handling suspected AI misuse in coursework and non-examination assessment.

Which rules apply to commercial trainers?

If you deliver unaccredited workshops, corporate programmes or coaching, none of these documents binds you directly. If you deliver regulated qualifications as an approved centre, Ofqual's position and your awarding organisation's rules apply through your centre agreement, and JCQ guidance applies to JCQ qualifications. If you deliver apprenticeships or other inspected provision, Ofsted's approach applies. Personal data in AI tools is governed by data protection law in every case, including UK GDPR Articles 22A to 22D on significant solely automated decisions, in force from 5 February 2026.

What it means for PI

No regulator has issued a statement on AI and PI, and there is no statutory PI requirement for training providers. In practice, the guidance matters to PI in two ways. First, it sets the benchmark against which a provider's conduct may be judged if a claim is made. Second, breaching a rule such as sole AI marking could lead to regulatory consequences that PI does not usually cover. A broker can check how your policy describes regulated and unregulated work. See whether training providers need PI, training consultancy and certification insurance, the training providers Aipedia hub, AI marking, learner AI malpractice and whether trainers' PI covers AI mistakes.

Sources

Frequently asked

Is the DfE AI guidance binding?

It is guidance for schools and colleges rather than legislation, but it sets clear expectations, including not entering identifiable personal data into generative AI, not training AI on students' work without permission, and keeping staff responsible for AI output. Inspectors and others are likely to treat it as the benchmark.

Does Ofsted inspect the AI tools we use?

No. Ofsted says it does not evaluate AI tools directly or as a standalone area. It considers whether providers' decisions about AI are sensible and serve learners, and looks at data protection, safeguarding and bias within its existing judgements. Its position is non-final.

Do these rules apply to a corporate trainer with no accreditation?

Not directly. Unaccredited commercial trainers have no sector regulator. The general duty of reasonable skill and care, contract terms and data protection law still apply, and the DfE and Ofqual positions are a useful guide to what good practice looks like.

What is Ofqual's most important AI rule?

For marking, it is that AI may not be used as a sole marker in any assessment that forms part of a regulated qualification. Ofqual also requires awarding organisations to manage learner AI misuse and assure the authenticity of work.

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Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.