In a recent article, we highlighted the guidance released on 5 May by Ofqual, following the public consultation on this summer's exceptional arrangements for exams. Ofqual published the decisions to the consultation on 22 May.

You can find links to the Ofqual guidance and consultation decisions below.

We are aware that many schools (referred to as centres in this article) have been concerned that the arrangements may give rise to a wave of appeals which could undermine their processes. There have also been concerns that as a fall-back, some centres will be inundated with complaints. In this article, we highlight the scope of appeals and complaints so that centres are aware of what may lie ahead.

Appeals Regarding Decisions and Professional Judgements of Centre-Assessed Grades/Rank Order

The consultation decisions document recognises that in order to allow students to appeal against either their centre assessment grade (CAG) or their position in the rank order before the information was provided to the exam board, students would first need to know both the CAG and their rank order position in their cohort. Ofqual has confirmed that they will not be overturning the principle they established on 3 April - that a student's CAG and rank order should remain confidential, so as to protect the integrity of the process and enhance the reliability of the data for all students.

Ofqual also recognised that information about a student's position in the rank order would only be meaningful and facilitate an appeal if the student was given information about other students' rank order. Clearly this would have raised issues of confidentiality for other students in the cohort. Moreover, the overall reliability of the model would be compromised if information about centre assessment grades and rank orders was disclosed to students before being submitted to the exam boards.

As a result, the consultation decisions state the following:

  • Students will not be able to challenge their centre assessment grade or their position in the centre's rank order through an appeal to the examination board.
  • Students will not be able to challenge the procedures used by schools in coming up with their centre-assessed grade, as it is acknowledged that every school will have a different process for this.
  • A student can ask their centre to check if they made an error when submitting the centre assessment grade and including them in the centre's rank order.
  • A student will only be able to raise a complaint to their centre, if they have clear evidence of bias or that they were discriminated against when the centre produced their grade and order.
  • A student may also pass such evidence of the above onto the exam board who could investigate the centre for potential malpractice.
  • Heads of Centre are now also obliged to make a statement to confirm they have checked all data received for administrative errors to try and guard against any appeals on this basis.

What Types of Appeals May Centres Make to the Examination Boards?

Ofqual has confirmed that it will be the centre, not the student directly, who will be able to appeal to an exam board if:

  • they believe that the wrong data has been used to calculate grades; and/or
  • the grades have been incorrectly communicated to a centre

Where an appeal is heard by an exam board, that exam board may involve their own appeals team, as well as the teachers involved in generating the original grades, to run a simplified appeals process. This will ensure that the most appropriate people are involved in the appeals process.

The guidance has also been updated to clarify that if a centre does appeal to an exam board on the basis that it thinks wrong data has been used, it must be supported by evidence that the centre itself made an error when calculating the grades or submitting the data.

These arrangements will be published by the individual exam boards in the coming weeks and we strongly recommend that all centres make themselves aware of the detail when available, so that they are able to effectively deal with queries from concerned students and parents.

Appeals by Centres About the Standardisation Process Used by the Exam Boards

Ofqual has confirmed that an appeals process will not be available in respect of the operation or outcome of the statistical standardisation model. This is on the basis that a model that would be fair to all students has not been identified, and therefore, it would be impossible to guarantee fairness in approach.

Ofqual is currently looking at whether it may be possible to allow appeals where there is "reliable evidence of a significant demographic difference between the centre's cohort and the historical data used for statistical standardisation." More information on this proposal will hopefully be released in the coming weeks.

Students' Appeals Against Their Centres

Ofqual has announced that it expects that all exam boards to require that centres provide an appeals process for their students to appeal on the following points:

  • Students will have a right to appeal against a decision by the school not to ask the relevant exam board for any information the exam board holds, that would be needed for an appeal; and/or
  • Not to make an appeal to an exam board.

Whilst much of the detail is finalised, there is more to be published in the coming weeks, and it is unclear at the moment whether the exam boards will adopt a uniform process.

Can Parents or Students Lodge a Complaint Through the School's Complaints Procedure?

It is still the case that a student/parent could make a complaint to the centre about the grade that has been issued. Given the limited grounds for appeal, as set out above, and subject to any future guidance, we are of the view that there is likely to be a strong argument for centres to say that it would be inappropriate for them to deal with a complaint about a teacher's professional judgement in giving their child a certain grade, when exam boards, and Ofqual are excluding this line of appeal. Moreover, any complaints to the centre, are unlikely to yield any practical results in altering a student's grade.

As above, students will have to either appeal against a decision by the centre not to ask an exam board for further information, or a decision not to appeal to an exam board. Ofqual has stated that they intend to amend this year's regulatory requirements to require that exam boards must ensure that a centre has provided students with a method of appeal on these two limited grounds.

We are expecting that JCQ and/or the relevant exam bodies will be producing prescriptive guidance for schools. Once this is available, we will be pleased to provide further analysis and advice.

Further Reading

Ofqual Guidance on Exceptional Circumstances for Private and Out-of-Year Candidates

Originally published 02 June 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.