Government Announces U-Turn Over A-level Grading

• Published date: 24 August 2020
• Subject Matter: Consumer Protection, Privacy, Data Protection, Education
• Law Firm: Leigh Day
• Author: Leigh Day

Earlier today Education Secretary Gavin Williamson announced that teachers' predictions, known as Centre Assessment Grades (CAGs) would be used to grade students' A-level performance instead of the algorithm which had caused such major controversy and which Leigh Day, with Foxglove digital law campaigners, had already challenged in a pre-action protocol letter on Friday, August 14.

Curtis, aged 18, who attended a west London comprehensive school and brought his action in support of fellow students who had been downgraded by the algorithm, welcomed the change.

Curtis said:

"I'm amazed by what we've achieved in just a few days. This proves how much power we all have when we stand, together, for fairness - we can make the Government back down. This has been such a tough time for students, but I'm confident that we can move forward stronger now than ever before. Teacher assessment is crucial to education, and it's time now for a broader debate about how we build an education system that works best for everyone going into the future.

"I couldn't have done any of this without the support of Foxglove and Leigh Day, who've stood up for students just as they stand up for every member of society when the government gets tech policy wrong, and I'd encourage everyone to support them if they can as they go on to tackle other issues in the future."

Cori Crider, co-founder and Director of Foxglove, said:

"We're delighted at this belated u-turn and feel for thousands of students who've had an appalling week. This fiasco shows what happens when the government's approach is 'compute first and ask questions later'. Algorithms aren't neutral - this one threw the life chances of thousands of kids into disarray.

"Let's learn from this moment. Judicial review protects everyone. And next time, before we roll out yet another of these algorithmic systems, government should level with people about what it is doing, what it is prioritising, what it has chosen to trade off-and see whether citizens agree."

Rosa Curling from the public law team at Leigh Day, who represented Curtis, said:

"This u-turn is very welcome. However the delay has caused severe upset, stress and needless pain to thousands of students. It is only the courage and tenacity of students such as Curtis that has made the Government sit up and take notice and accept that their...