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| GCSE English students lose court battle | GCSE English students lose court battle |
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| 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." | |
| 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. | |
| The mayor of Lewisham, one of the leading boroughs that brought the case, said the outcome was "very frustrating". | |
| "We note that the judge accepted that the case exposed unfairness and that it was right that this was properly investigated in the courtroom," Sir Steve Bullock said. "But that is 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. We wish them every success in the future." | "We note that the judge accepted that the case exposed unfairness and that it was right that this was properly investigated in the courtroom," Sir Steve Bullock said. "But that is 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. We wish them every success in the future." |
| Russell Hobby, general secretary of the National Association of Head Teachers (NAHT), said: "We are very disappointed with this decision. "Grading decisions were unfair and an injustice was done to many thousands of pupils. While boundaries have not been restored, we hope this action will demonstrate to | |
| and the exam boards that they should not act like this again." | |
| 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." | |
| 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." |