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| GCSE English students lose court battle | GCSE English students lose court battle |
| (7 months later) | |
| Hopes that tens of thousands of GCSE English students might have their grades raised have been dashed after the high court ruled that measures exam authorities took last summer to combat grade inflation were lawful. | Hopes that tens of thousands of GCSE English students might have their grades raised have been dashed after the high court ruled that measures exam authorities took last summer to combat grade inflation were lawful. |
| Lord Justice Elias and Mrs Justice Sharp ruled against an alliance of pupils, unions, schools and councils who alleged that the government's exam regulator, Ofqual, and the exam boards Edexcel and AQA had unfairly moved the boundary between a C and a D grade in English exams taken in June, in a last-minute "statistical fix" to counter inflation. | Lord Justice Elias and Mrs Justice Sharp ruled against an alliance of pupils, unions, schools and councils who alleged that the government's exam regulator, Ofqual, and the exam boards Edexcel and AQA had unfairly moved the boundary between a C and a D grade in English exams taken in June, in a last-minute "statistical fix" to counter inflation. |
| The bar was raised higher than for pupils who submitted papers in the earlier January marking round. | The bar was raised higher than for pupils who submitted papers in the earlier January marking round. |
| "There was on the face of it an unfairness which needed to be explained," the judges said. "However, having now reviewed the evidence in detail, I am satisfied that it was indeed 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." | "There was on the face of it an unfairness which needed to be explained," the judges said. "However, having now reviewed the evidence in detail, I am satisfied that it was indeed 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." |
| The case had been brought by 167 individual pupils, supported by 150 schools and 42 councils, plus six professional bodies, including teaching unions. | The case had been brought by 167 individual pupils, supported by 150 schools and 42 councils, plus six professional bodies, including teaching unions. |
| The ruling is a blow to teachers' organisations and pupils, some of whom claim they missed out on sixth-form places because of the changes. | The ruling is a blow to teachers' organisations and pupils, some of whom claim they missed out on sixth-form places because of the changes. |
| In December, Ofqual's own inquiry concluded that January's GCSE English assessments, which accounted for about 10% of entries, had been "graded generously" and the June boundaries had been properly set. | In December, Ofqual's own inquiry concluded that January's GCSE English assessments, which accounted for about 10% of entries, had been "graded generously" and the June boundaries had been properly set. |
| Two thousand 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. | Two thousand 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. |
| Malcolm Trobe, deputy general secretary of the Association of School and College Leaders, said the alliance would take advice from leading counsel in the coming days over the possibility of launching a challenge to the decision. | Malcolm Trobe, deputy general secretary of the Association of School and College Leaders, said the alliance would take advice from leading counsel in the coming days over the possibility of launching a challenge to the decision. |
| "We still believe that thousands of young people had their exams unfairly downgraded last June in order to compensate for mistakes made earlier in the year," he said. | "We still believe that thousands of young people had their exams unfairly downgraded last June in order to compensate for mistakes made earlier in the year," he said. |
| Sir Steve Bullock, the mayor of Lewisham, one of the boroughs that brought the case, said the outcome was "very frustrating" and although the judges ruled the structure of the qualification was unfair, it was "no consolation for the thousands of students up and down the country who will have to continue to live with the consequences of this unfairness". | Sir Steve Bullock, the mayor of Lewisham, one of the boroughs that brought the case, said the outcome was "very frustrating" and although the judges ruled the structure of the qualification was unfair, it was "no consolation for the thousands of students up and down the country who will have to continue to live with the consequences of this unfairness". |
| Joan McVitie, head of Woodside High school in north London, which was among the applicants, said the judges' ruling that there had been unfairness for students was "a hard lesson for children to learn". She added: "This is about the law and wasn't about fairness." | Joan McVitie, head of Woodside High school in north London, which was among the applicants, said the judges' ruling that there had been unfairness for students was "a hard lesson for children to learn". She added: "This is about the law and wasn't about fairness." |
| The chief regulator of Ofqual, Glenys Stacey, said: "We welcome the decision of the courts that, faced with a difficult situation, Ofqual did the right thing and the fairest thing, for the right reasons. We know some students and schools will be disappointed with this. We understand that. But it's our job to secure standards." | The chief regulator of Ofqual, Glenys Stacey, said: "We welcome the decision of the courts that, faced with a difficult situation, Ofqual did the right thing and the fairest thing, for the right reasons. We know some students and schools will be disappointed with this. We understand that. But it's our job to secure standards." |
| She said the court agreed with Ofqual's conclusion that the root of the problem was the poor design of the GCSE English qualification. | She said the court agreed with Ofqual's conclusion that the root of the problem was the poor design of the GCSE English qualification. |
| "We have been trusted with a key role in reforming GCSEs," Stacey said. "We will work now with all those with an interest in doing the best for our young people, to shape new qualifications that are worthwhile to study and stimulating to teach, and to ensure that they are not bent out of shape by the pressures of school accountability measures." | "We have been trusted with a key role in reforming GCSEs," Stacey said. "We will work now with all those with an interest in doing the best for our young people, to shape new qualifications that are worthwhile to study and stimulating to teach, and to ensure that they are not bent out of shape by the pressures of school accountability measures." |
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