In the decision closing the above-referred own-initiative inquiry, the European Ombudsman made the following suggestions for improvement:

"1. EPSO should make a comprehensive assessment of the potential impact on equality of opportunity of any requirements for remote tests. Where it is not possible to address the negative implications of such requirements on equality of opportunity, EPSO should ensure that selection procedures continue to provide candidates with the possibility of taking tests in physical test centres. EPSO should also monitor the impacts on equality of opportunity of changes to test formats.

2. EPSO should in particular ensure that its technical requirements do not prevent candidates from taking remote tests or place at a disadvantage candidates who do not have access to devices that meet these requirements. EPSO should work with its contractor with a view to developing the test application to address this. Where it is not possible to eliminate potentially exclusionary technical requirements, EPSO should explore potential alternative arrangements for candidates.

3. As the introduction of remote testing has led to considerable requirements concerning equipment and access to appropriate physical areas, the Ombudsman encourages EPSO to explain more clearly on its website why such requirements are necessary. Providing clear information to candidates can enhance public trust in and acceptance of requirements that may, at first glance, be difficult to understand, and which are likely to impact on the ability of some candidates to participate. Where applicants report legitimate concerns about the requirements, EPSO should deal with such concerns in a service-minded manner.

4. EPSO should ensure that, in future, candidates have access to the instructions during the test, in particular on how to troubleshoot during an exam and how to make a complaint. This can be ensured either by means of allowing candidates to bring a printed copy of the instructions or by ensuring the instructions can be accessed through the test platform.

5. EPSO should provide clear and comprehensive information on how to make a complaint and how it deals with complaints. In particular, it should set out on its website basic information about the requirements for submitting complaints, how it deals with complaints and the timelines. Among other things, it should ensure that the terminology it uses to describe different elements of the procedure is consistent throughout the different relevant documents.

6. EPSO should review its guidelines on complaint handling, taking into account the issues identified in this inquiry, and ensure they are clear and comprehensive, and that its staff are sufficiently aware of the guidelines and have proper training to ensure they apply them consistently. As noted, in some circumstances, for example with regard to the requirement to have first contacted its contractor’s technical support, EPSO should ensure a certain degree of flexibility in how it processes complaints.

7. Where candidates experience issues in rescheduled tests that are not their fault, EPSO should allow such candidates to reschedule again."

The Ombudsman asked EPSO to provide feedback on any action taken in relation to the above suggestions.

EPSO's comments

EPSO welcomes the suggestions for improvement and would like to thank the Ombudsman and her services for their constructive cooperation over the course of the own-initiative inquiry.

EPSO is pleased to provide the Ombudsman with the following information concerning the measures it has taken to date, or intends to take in the near future, in order to implement her suggestions and improve the efficiency and quality of remote testing in selection procedures.

*

As a preliminary remark, EPSO would like to inform the Ombudsman that since the decision of 22 January 2024 closing the own-initiative inquiry OI/1/2023/VS, important operational changes, endorsed by EPSO’s Management Board, have taken place. The most significant change was that EPSO unilaterally terminated its framework contract EPSO/2021/RP/0001 with the contractor responsible for the delivery of remote online tests, in February 2024.

Following the decision to unilaterally terminate the framework contract with its previous contractor, and on the basis of a mandate received from its Management Board, EPSO is now working on putting in place a new solution for computer-based test delivery, to ensure that adequate conditions are in place for smooth testing and better candidate experience before relaunching competitions. Specifically, a new tender procedure is being prepared with a view to selecting a new contractor for the delivery of these tests.

It is in the context of this new tender procedure that EPSO intends to address, and establish a strong basis for implementing, the Ombudsman’s suggestions for improvement listed under points 1-6 above. The new tender procedure also offers us an opportunity to learn the lessons from both the design and the implementation of the previous framework contract and to correct mistakes made in the past.

In addition, in the run-up to the finalisation of the tendering procedure, EPSO has been working intensively on identifying and implementing a temporary testing solution with other companies, allowing us to ensure business continuity before a new contractor is selected via the above-mentioned new tender. The objective remains to improve the overall candidate experience as much as feasible in short term in close collaboration with the test delivery providers used to bridge the gap.

Firstly, to address the potential impact on equality of opportunity of any requirements for remote tests, EPSO intends to put in place a test delivery model where remote online testing would remain the default delivery mode as per the decision of EPSO’s Management Board. However, the contractor would also be required to provide an alternative, onsite in-person testing option. The onsite option, with more limited capacity than the default remote one, would be used as an alternative in a precisely defined set of cases where remote delivery is not possible or considered inadequate.

To address the risk of technical requirements for remote test delivery leading to potentially exclusionary outcomes, EPSO intends to include the broad accessibility and technical inclusiveness of the tenderers’ online testing platform as a key criterion for the assessment of bids and the selection of the new contractor.

Similarly, with regard to troubleshooting during the tests and complaint-handling, EPSO’s intention is to include in the new tender a key assessment criterion focusing on the quality, simplicity, user-friendliness, and easy-to-comprehend documentation of the troubleshooting, technical support, and complaint-handling procedures, proposed by the tenderers.

Furthermore, once a new contractor for the delivery of computer-based tests is selected and a new testing procedure put in place, EPSO commits to provide candidates, via its website, with clear, user-friendly and comprehensive information regarding:

- technical requirements for remote online testing, and why such requirements are necessary;

- conditions for the use of the alternative on-site test delivery mode;

- how to make a complaint, and how complaints are dealt with.

Finally, EPSO is pleased to inform the Ombudsman that it has already implemented the suggestion for improvement listed under no. 7 above, immediately upon receipt of the decision closing the own-initiative inquiry. In all cases where it has been established that a candidate experienced issues in rescheduled tests that were not their fault, the candidate has been, or will be, allowed to retest.

*

EPSO trusts that it has provided the Ombudsman with all the relevant information currently available concerning this case. EPSO remains at the Ombudsman’s disposal to provide further updates once a new contractor for the delivery of computer-based tests is selected and a new testing procedure put in place.