Examination marking

Are examiners’ decisions really final?

It is hardly surprising that, as the number of courses, examinations and tests has increased at various ages, finding well-qualified examiners has become increasingly difficult. Examination marking is, after all, a specialised skill and not high on the agenda of many teachers towards the end of a demanding school year. So, while examination boards strive for consistency, and generally achieve it, instances of suspect marking are, unfortunately, becoming more and more common. Schools are very quick to latch on to instances where groups taking a particular subject have not reached the standards expected of them. Years of experience have enabled the schools to spot where a particular cohort has been hard
done by.

With the individual it is not so easy. There is, though, a general inclination for pupils, parents and schools to lodge appeals against GCSE and A-level results. Re-mark requests are now approaching 100,000 in both. We are becoming a nation of litigants! Statistically, this represents just under 2% of the total entry, however with university places in particular at risk, the stakes are high. Re-marks typically cost between £35 and £40; if they result in an upgrade you get your money back, but you could also be downgraded!

First, then, the statistics give an indication of likely success. Second, appeals need to be lodged by schools, not individuals. So there is a fine line between accepting the school’s advice and feeling that the individual’s sense of injustice needs to be fully backed. Weighing the balance between another period of waiting and possible disappointment against the need to move on and decide on the next step straight away is delicately balanced. So, as with everything else in the world of education, it is important to find out the facts and listen to advice.

Appealing

• Information about the process and statistics can be found on the website of the Office of the Qualifications and Examinations Regulator, www.ofqual.gov.uk, or the examination boards’ websites.
• Requests for re-marks must be made by schools, not individuals (other than external candidates).
• Marks can go up or down, so a B could become a C.
• Typically about 20% of re-mark requests for GCSEs and about 10% for A-levels are successful.
• If unsuccessful, there is a further appeals process, but this should be considered only after further advice from the school and a feeling that the individual is the victim of a clear injustice.

Calling in the lawyers

• The contract between the parents and the school – remember the school is legally obliged to provide a good-quality education.
• Litigation is easier over injuries in the sports hall, swimming pool or games field than it is over examination results.
• It pays to keep records and to follow whatever procedures the school operates, before you consider legal action.
• Schools have an obligation to keep records as well.
• Schools are anxious to avoid litigation, being well aware of the effect of the publicity it brings.
• Consider the ‘odds’ – schools tend to come out on top!
• Consider carefully whether it really will be worth it in the long run, particularly if another child attends the school.
• Finally, to find an education law specialist, use the Law Society’s find-a-solicitor service at www.lawsociety.org.uk.