Justice for A Level Students

by Good Law Project Limited

Justice for A Level Students

by Good Law Project Limited
Good Law Project Limited
Case Owner
Good Law Project brings litigation to protect the public interest.
Funded
on 15th August 2020
£76,741
pledged of £100,000 stretch target from 2642 pledges
Good Law Project Limited
Case Owner
Good Law Project brings litigation to protect the public interest.

Latest: Aug. 17, 2020

Thank you for helping to make this happen

Thanks to the huge pressure placed on Government, in no small part thanks to Good Law Project and our supporters, Gavin Williamson has announced that the Ofqual standardisation algorithm will be with…

Read more

Imagine. Imagine how it feels to have been predicted a good pass mark and then have that downgraded to a mark that suggests you didn't even turn up for the exam? Your years of study reduced to naught, your choice of career lost to you, the doors of your dream university now closed, having to face employers in the worst jobs market for generations with a U grade. And not because of any failing of yours. But because of a thoughtlessly designed process and an inexplicable lack of care for its impacts on students like you. 

And with no adequate appeal mechanism - so there is nothing you can do. You cannot appeal an awarded grade on the merits. This is the case however much you were downgraded by.

And of course this disaster has not been visited on rich and poor alike. The data shows - and clearly - that it is hitting poorer kids above richer and state school kids more than private. But then, somehow, it always does seems to be like that, doesn't it?

Section 22 of the Education Act 2011 says Ofqual’s objective is to regulate qualifications to “give a reliable indication of knowledge, skills and understanding”. That has not happened here. Moreover, the system is conspicuously unfair.

Ofqual have promised an autumn series of exams. However this is no solution. They will not help students who have onward plans based on their grades, and has led to difficulties for universities who have to hold places for 2021. It will only increase the difficulties for those from disadvantaged backgrounds, who will have faced months not having attended school.

We have spoken to vast numbers of young people who have been profoundly affected by this fiasco. C has lost out on a place at a leading medical school because Ofqual have downgraded her from A*AA to ABC. And L, whose school thought she would earn A* A*A but was downgraded to BBC, losing her place at a top 10 university. And M from London, whose school assessed him with BBB, but who was instead awarded EEE and now fears for his job prospects.

Our lawyers will write to Gavin Williamson and Ofqual on behalf of the young people we have heard from, demanding justice. The letter - in its current version, fifteen pages long - sets out the failings in detail and advances three arguments:

  • that Ofqual and Gavin Williamson had an obligation to create a scheme that was procedurally fair to the Claimants and they breached that obligation
  • that there is a systemic problem with the scheme that gives rise to an unacceptable risk of procedural unfairness
  • that Ofqual breached its obligation in section 129 of the Apprenticeships, Skills, Children and Learning Act 2009 to meet the qualifications standards objective (to secure that "regulated qualifications give a reliable indication of knowledge, skills and understanding") and the public confidence objective (to "promote public confidence in regulated qualifications".

It asks Ofqual and Gavin Williamson to acknowledge that the system at present is unfair and unlawful for those students whose Centre Assessment Grade has been downgraded and to create an appeal right on the merits or to reset the system so that students' grades can be downgraded by one grade at most.

We will publish the letter on this page as soon as possible, That may be this morning (15 August) - or it may be on Monday (17 August).

This litigation will be taken forward urgently and we will seek an expedited hearing.

Good Law Project has instructed Fiona Scolding QC, Yaaser Vanderman and Leon Glenister of Landmark Chambers, and Dan Rosenberg of Simpson Millar, all of whom will work at considerably below market rates.

What are we crowdfunding for?

We need your help to cover the costs of running the litigation.

10% of the funds raised will be a contribution to the general running costs of Good Law Project. We will use any surplus to develop other litigation to protect the most disadvantaged.

Good Law Project’s founder, Jo Maugham QC, continues to work unpaid.

Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

Recent contributions

Be a promoter

Your share on Facebook could raise £26 for the case

I'll share on Facebook
Update 2

Good Law Project Limited

Aug. 17, 2020

Thank you for helping to make this happen

Thanks to the huge pressure placed on Government, in no small part thanks to Good Law Project and our supporters, Gavin Williamson has announced that the Ofqual standardisation algorithm will be withdrawn and grades awarded by teachers will be used instead.

We are pleased that the Government has belatedly seen sense. Nevertheless, real damage has been done to the lives of tens of thousands of students from disadvantaged backgrounds, who have been denied the proper rewards of their hard work.

Places at Oxford and Cambridge will have been taken by students from top private schools who would not, but for this mess, have won them. Even those who will get places next year will have lost a year from their working lives. Students taking A-levels in 2021 will face hugely increased competition for a diminished number of places.

But when all is said and done what is hardest to understand is that Government had the advantage of seeing what happened in Scotland and refused to listen and learn from it.

We are carefully scrutinising the Government’s announcement, including its impact on BTech students and others who have not been helped by the change in policy, and we will work with our lawyers to try to ensure that no young people are left behind in this process. 

At the moment we do not anticipate having to issue proceedings in this legal case, which means that we will need to pay our own costs. Our legal team - four lawyers and a paralegal - engaged at considerably discounted rates have worked tirelessly since we launched our campaign and these costs will not be inconsiderable. We still anticipate there will be a surplus which we will put towards any additional litigation required in respect of exam results and to support our work to protect vulnerable groups. 

Thank you for your support. 

Jo Maugham, QC

Director

Update 1

Good Law Project Limited

Aug. 17, 2020

We have taken the first formal step in our judicial review

Yesterday we sent a formal pre-action protocol letetr to Ofqual, copying Gavin Williamson, pointing out it has a duty to create a meaningful appeals scheme, and it has failed; that there is a systemic problem with the scheme that gives rise to an unacceptable risk of procedural unfairness; and that it has also breached its obligation to ensure that “regulated qualifications give a reliable indication of knowledge, skills and understanding” and to “promote public confidence in regulated qualifications”. 

We have given them until Wednesday to address these defects or we will issue legal proceedings.

You can read our letter here

Jo Maugham QC

Get updates about this case

Subscribe to receive email updates from the case owner on the latest news about the case.

    There are no public comments on this case page.