A level results system – systemic judicial review brought by Good Law Project and Landmark barristers against Ofqual

Landmark barristers Fiona Scolding QCLeon GlenisterYaaser Vanderman and Joel Semakula have been instructed by the Good Law Project and students who have been downgraded from the Centre Assessment Grades to challenge the fairness of Ofqual’s system for awarding A level grades. A pre-action letter was sent on behalf of the Good Law Project to Ofqual and the Secretary of State for Education over the weekend setting out a proposed challenge to the system, which does not allow students to appeal their awarded grades on the basis it is not a true reflection of their ability. The Claimants are a variety of students, all of whom who have been downgraded by at least two grades from their Centre Assessment Grade (i.e. the grade submitted by their school or college). For example, one claimant Michael was awarded EEE when his Centre Assessment Grades were BBB. The proposed claim is based on breach of natural justice, procedural unfairness, irrationality, breach of Ofqual’s statutory duties and breach of the Equality Act 2010. The claim invites Ofqual to review the matter and revise the scheme to cure the unfairness. The Claimants have suggested either creating an appeal right based on the merits for all students whose Centre Assessment Grade has been downgraded (which is a similar system to that initially set up in Scotland). Alternatively, to restrict any downgrade to one grade. The subject of the claim can be seen here. The news coverage of the issue and the challenge can be seen on the BBCThe Times, the Telegraph and the Guardian. Fiona Scolding QCLeon GlenisterYaaser Vanderman and Joel Semakula are instructed for the Claimants by Dan Rosenberg at Simpson Millar.

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