The GCSE grading scandal: the legal challenge begins
It’s encouraging that several bodies, including the Association of School and College Leaders (ASCL), are considering legal action over the GCSE grading scandal. The ASCL has already set out what aspect of the scandal such action may target
We’re examining whether this is hitting any particular groups of young people that are covered by the equal opportunities legislation.
This is because it is looking increasingly likely that the effects of the late grade boundary changes have been felt most by pupils getting D rather than the Cs they should/would have had, and disproportionate number of these pupils will come from poorer backgrounds and from ethnic minorities.
If this does turn out the be case, the question of precisely what ‘equal opportunities legislation’ has been breached by the government. Fortunately, and with what now looks like remarkable foresight, legislation passed in the dying days of the last Labour government would seem – at least to this lay observer – to fit the bill pretty well.
Section 96 para 1 of the Equality Act (2010) covers ‘qualification bodies’, and states:
A qualifications body (A) must not discriminate against a person (B)—
(a) in the arrangements A makes for deciding upon whom to confer a relevant qualification;
(b) as to the terms on which it is prepared to confer a relevant qualification on B;
(c) by not conferring a relevant qualification on B.
Which is nice.