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Ofsted and Exam Boards face Judicial Review over GCSE Grading Row

24 September 2012

Local authorities, teaching unions, schools and pupils have formed an alliance to take legal action against Ofsted and two examination boards. Their aim is to force a re-grade of June's GCSE English papers.

A pre-action letter sent on behalf of six teaching associations or unions, 180 pupils, 113 schools and 36 councils from across England is the first step towards a judicial review of the alleged unlawful approach to marking of summer English papers stating that the approach is "conspicuously unfair and/or an abuse of power, breaching (without justification) the legitimate expectations" of students who sat the examinations.”

The exam boards, and Ofqual, which held an inquiry into the problems but has stood by the grading, have seven days to respond to the letter.

This move places significant pressure on Ofqual and the exam boards as the number of potential claimants involved means that the normal deterrent to bringing a judicial review of costs exposure is not significant.

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