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| Court rejects bid to overturn GCSE grades | Court rejects bid to overturn GCSE grades |
| (35 minutes later) | |
| A legal attempt to overturn controversial GCSE grades has been rejected. | A legal attempt to overturn controversial GCSE grades has been rejected. |
| The High Court has not accepted a bid from school leaders, teachers' unions and councils to change grade boundaries in last summer's GCSE English exams. | The High Court has not accepted a bid from school leaders, teachers' unions and councils to change grade boundaries in last summer's GCSE English exams. |
| Head teachers said they were "bitterly disappointed" with the court's ruling that results might have been unfair but they were not unlawful. | |
| The Department for Education said the exam regulator had "got it right". | The Department for Education said the exam regulator had "got it right". |
| The government in Wales has already intervened to re-grade some GCSE English results. | The government in Wales has already intervened to re-grade some GCSE English results. |
| But the High Court has turned down the bid which would have meant changing thousands of results from exams taken last summer. | But the High Court has turned down the bid which would have meant changing thousands of results from exams taken last summer. |
| The ruling blamed the modular structure of the exam for creating the problems. | The ruling blamed the modular structure of the exam for creating the problems. |
| 'Right grades' | 'Right grades' |
| Lord Justice Elias said it was "the structure of the qualification itself which is the source of such unfairness as has been demonstrated in this case, and not any unlawful action" by the Ofqual exam regulator or exam boards. | Lord Justice Elias said it was "the structure of the qualification itself which is the source of such unfairness as has been demonstrated in this case, and not any unlawful action" by the Ofqual exam regulator or exam boards. |
| But the judge accepted that the summer's results had been a "matter of widespread and genuine concern". | But the judge accepted that the summer's results had been a "matter of widespread and genuine concern". |
| Even for Ofqual and the exam boards, who have been vindicated by the court ruling, there will be little triumphalism. | Even for Ofqual and the exam boards, who have been vindicated by the court ruling, there will be little triumphalism. |
| This battle over last summer's GCSE English results has been a rancorous, divisive episode, revealing deep levels of distrust among head teachers for those running the exam system. | |
| In the end, the court did not find a conspiracy theory. Instead it found that the biggest problem was the modular structure of the exam. | In the end, the court did not find a conspiracy theory. Instead it found that the biggest problem was the modular structure of the exam. |
| This rolling process of accumulating credits had boxed the exam regulators into a tight corner, meaning they had to balance different levels of difficulty in January and June against the requirement to maintain standards. | This rolling process of accumulating credits had boxed the exam regulators into a tight corner, meaning they had to balance different levels of difficulty in January and June against the requirement to maintain standards. |
| "Ofqual was engaged in an exercise of damage limitation. Whichever way it chose to resolve the problem, there was going to be an element of unfairness," concluded the judges. | |
| Unfair, but not unlawful. | |
| GCSEs are in the process of being reformed. But for the "bitterly disappointed" heads and their pupils, this has been a tough and protracted examination. | GCSEs are in the process of being reformed. But for the "bitterly disappointed" heads and their pupils, this has been a tough and protracted examination. |
| The ruling says that changing the summer exam grade boundaries to the lower level used for January exams would have created an "unrealistically high proportion of students obtaining a C grade" - and as such Ofqual was correct to reject this proposal. | The ruling says that changing the summer exam grade boundaries to the lower level used for January exams would have created an "unrealistically high proportion of students obtaining a C grade" - and as such Ofqual was correct to reject this proposal. |
| The modular structure of the exam, with grades awarded at each stage, was identified as the underlying problem. | The modular structure of the exam, with grades awarded at each stage, was identified as the underlying problem. |
| Regulators were faced with allowing the "unfairness" of a tougher grading for pupils taking the exams in the summer in order to protect GCSE standards. The alternative would have been to retrospectively lower the results of pupils taking exams in January. | Regulators were faced with allowing the "unfairness" of a tougher grading for pupils taking the exams in the summer in order to protect GCSE standards. The alternative would have been to retrospectively lower the results of pupils taking exams in January. |
| "Once that became clear, Ofqual was engaged in an exercise of damage limitation. Whichever way it chose to resolve the problem, there was going to be an element of unfairness," says the ruling. | "Once that became clear, Ofqual was engaged in an exercise of damage limitation. Whichever way it chose to resolve the problem, there was going to be an element of unfairness," says the ruling. |
| But it concludes that Ofqual and the exam boards had not "erred in law". | But it concludes that Ofqual and the exam boards had not "erred in law". |
| Ofqual chief Glenys Stacey said the regulator's decisions over exam grades had been "the right thing and the fairest thing, for the right reasons". | Ofqual chief Glenys Stacey said the regulator's decisions over exam grades had been "the right thing and the fairest thing, for the right reasons". |
| She said that if the court had backed the legal challenge it would have meant "many students would have received grades that they did not deserve". | She said that if the court had backed the legal challenge it would have meant "many students would have received grades that they did not deserve". |
| 'Disappointed' | 'Disappointed' |
| Joan McVittie, a north London head teacher who had been part of the bid to overturn results, said: "We are bitterly disappointed. This case was taken on behalf of young people who were affected last summer. | Joan McVittie, a north London head teacher who had been part of the bid to overturn results, said: "We are bitterly disappointed. This case was taken on behalf of young people who were affected last summer. |
| "This has affected their life chances considerably." | "This has affected their life chances considerably." |
| A spokeswoman for the AQA exam board said they were "acutely aware of the distress caused to candidates who were disappointed by their GCSE English results last summer. | A spokeswoman for the AQA exam board said they were "acutely aware of the distress caused to candidates who were disappointed by their GCSE English results last summer. |
| "Clearly there are lessons to be learned all round from what happened." | "Clearly there are lessons to be learned all round from what happened." |
| The legal challenge had been launched after protests from head teachers that thousands of pupils had received lower grades than expected. | The legal challenge had been launched after protests from head teachers that thousands of pupils had received lower grades than expected. |
| The court heard claims that grade boundaries had been manipulated upwards in an attempt to avoid too many pupils being awarded higher GCSE grades. | The court heard claims that grade boundaries had been manipulated upwards in an attempt to avoid too many pupils being awarded higher GCSE grades. |
| Lawyers representing the alliance of pupils, heads and councils argued for the June exams to be regraded in line with exams taken in January when the boundaries were lower. | Lawyers representing the alliance of pupils, heads and councils argued for the June exams to be regraded in line with exams taken in January when the boundaries were lower. |
| But Edexcel and AQA said they had acted properly and Ofqual argued it had acted in a "clear, principled and transparent" way. | But Edexcel and AQA said they had acted properly and Ofqual argued it had acted in a "clear, principled and transparent" way. |
| The challenge centred on more than 10,000 pupils who missed out on a C grade in GCSE English, which is a crucial benchmark used for entry into further education, vocational training and employment. | The challenge centred on more than 10,000 pupils who missed out on a C grade in GCSE English, which is a crucial benchmark used for entry into further education, vocational training and employment. |
| Up to 50,000 pupils in England, Wales and Northern Ireland could have received higher grades if the judges had upheld the legal challenge. | Up to 50,000 pupils in England, Wales and Northern Ireland could have received higher grades if the judges had upheld the legal challenge. |
| GCSE changes | GCSE changes |
| The case against the regulator Ofqual and exam boards AQA and Edexcel had been brought by a total of 167 individual pupils, supported by 150 schools and 42 councils, plus six professional bodies, including teachers' unions. | The case against the regulator Ofqual and exam boards AQA and Edexcel had been brought by a total of 167 individual pupils, supported by 150 schools and 42 councils, plus six professional bodies, including teachers' unions. |
| Some 2,300 students who took exams set by the Welsh exam board WJEC in Wales have already been regraded on the orders of the Welsh government, which regulates exams set there. | Some 2,300 students who took exams set by the Welsh exam board WJEC in Wales have already been regraded on the orders of the Welsh government, which regulates exams set there. |
| Rod Bristow, president of Pearson UK, which owns the Edexcel exam board, said there was "much to be learned from the events of this summer", but said he was pleased that the courts had "found that our awarding processes were rigorous and fair". | Rod Bristow, president of Pearson UK, which owns the Edexcel exam board, said there was "much to be learned from the events of this summer", but said he was pleased that the courts had "found that our awarding processes were rigorous and fair". |
| A Department for Education spokesman said the dispute showed the GCSE system has been in need of fundamental reform | A Department for Education spokesman said the dispute showed the GCSE system has been in need of fundamental reform |
| "We are now making further reforms to GCSEs, including overhauling league tables so they are fair to schools and pupils, and still give parents and the public the information they need. | "We are now making further reforms to GCSEs, including overhauling league tables so they are fair to schools and pupils, and still give parents and the public the information they need. |
| "The judgement demonstrates that overall Ofqual got it right last year. Attention can now focus on reforming GCSEs ready for first teaching in 2015," said the spokesman. | "The judgement demonstrates that overall Ofqual got it right last year. Attention can now focus on reforming GCSEs ready for first teaching in 2015," said the spokesman. |