London Daily

Focus on the big picture.
Tuesday, Aug 04, 2026

Algorithm used to set A-level grades 'unlawful'

Algorithm used to set A-level grades 'unlawful'

The algorithm used to downgrade thousands of A-level results in England was "unlawful", Labour have claimed.

The computer-based model used by Ofqual to standardise results after exams were cancelled breached anti-discrimination legislation as well as laws requiring it to uphold standards, Labour says.

The party wants Gavin Williamson to publish the legal advice he was given.

The education secretary has backed the regulator but apologised for the hurt caused to pupils by the chaos.

Labour are calling for A-level pupils in England to be given a "cast-iron guarantee" they will not lose out on their first choice university place next month or in the future.

Mr Williamson, who is facing calls from students and opposition MPs to resign, has urged universities to show flexibility after Monday's results U-turn threw September's admission process into further confusion.

Thousands of pupils remain uncertain about which university they will end up at after Ofqual said centre and school-assessed grades (CAG) would be accepted following a furore over its process for calculating them.

The regulator has been severely criticised for using an algorithm to "moderate" the grades submitted by schools, giving substantial weight to schools' past performance as well as other factors.

This resulted in nearly 40% of marks being downgraded, in some cases by more than one grade, with high-achieving pupils from schools in deprived areas being disproportionately affected.

'No proper assessment'


Labour said there had been "no proper assessment" of this year's cohort of pupils because the process used by Ofqual did "not accurately reflect" their level of knowledge, skill and understanding.

As a result, their results could not be "properly compared" with those of previous years or other exam boards, meaning the regulator was in breach of its legal obligation to uphold assessment and qualification standards.



In a letter to Mr Williamson and Ofqual's chief executive Sally Collier, Labour said the weight given to past results from individual schools had caused "a mass of discriminatory impacts".

This, it said, was "bound to disadvantage a whole range of groups with protected characteristics, in breach of a range of anti-discrimination legislation". It said Ofqual's policy of not allowing any right of appeal "beyond errors of application in the system" was also unlawful.

The opposition are pressing Mr Williamson to make clear when he was first informed about concerns about the algorithm and what legal advice he received before approving its use.

"Ofqual and the Secretary of State have been fully in the knowledge that the standardisation formula that was being used was unlawful," it said.

"It is regrettable that only when threatened with legal action that the government finally conceded to do what Labour have been calling for; for grades to be allocated based on CAGs."

'Right wrongs'


The decision to allow students to use the grades estimated by their teachers - or stick to the grades provided by the algorithm if they were higher - followed similar decisions in Scotland, Northern Ireland and Wales.

Labour is seeking assurances students who received offers from universities at clearing will not now lose them.

Several institutions have said they will honour all offers made to students before and immediately after the original results were announced but many students have said their places have since been withdrawn.



Labour said this was unfair and ministers needed to "right this wrong" immediately.

It said all pupils must have their final grades confirmed by the end of the week and no-one should lose out on their first choice place "because of government incompetence".

It is calling on ministers to "bend over backwards" to support students, including by helping universities to fund additional places needed to meet the demand.

"This fiasco is far from over," Shadow Communities Secretary Steve Reed told the BBC. "There are many, many students that are still uncertain about whether they can go to university or which university they can go to.

"Every student that hasn't got their firm grades given to them needs to have them by the end of the week so they can start to make decisions about their future."

Students are being urged to contact their universities as soon as possible to discuss the options.

The government has lifted its cap on the numbers each institution can admit but some universities are warning of potential financial ruin if students switch to other institutions in huge numbers.

Newsletter

Related Articles

0:00
0:00
Close
Reform UK Wants the Royal Navy to Return Channel Boats to France
US and Japan Step In to Support the Yen in Rare Joint Intervention
The AI Pricing Problem: Companies Cannot Predict Their Own Bills
Europe’s Heat and Drought Are Now Disrupting Power, Shipping and Tourism
Apple’s OpenAI Lawsuit Becomes a Public Fight Over AI Hardware
UK Man Jailed After Keeping His Mother’s Body in a Freezer and Claiming £78,000
A SpaceX Rocket Is About to Crash Into the Moon — and Scientists Hope to Watch
World War II munitions discovered after wildfires in southern France
BP profits reach four-year high amid Middle East conflict
Europe’s Drying Rivers Trigger Power Cuts, Factory Shutdowns and Wildfire Emergencies
UK Driver Sentenced to Four Years for Staged Electric Vehicle Brake Failure Fraud
Conservative Party and Reform UK Face Scrutiny During Clacton By-Election Campaign
Ministry of Justice Reviews Early Release Rules After Public Anger Over Police Killer Cases
NHS Radiographers Report Rising Racist Abuse From Patients Across UK Hospitals
UK Banking Regulators Face Pressure After Customer Loses Fourteen Thousand Pounds in AI Voice Scam
Research Challenges Treasury Control Over UK Public Spending and Calls for Greater Local Decision-Making
Home Office Begins Four-Week Weapons Surrender Campaign Across Major English Cities
Southern England Records Driest July in Nearly Two Centuries as Drought Concerns Grow
Apple Challenges UK Government Request for Access to Encrypted User Data in Legal Fight
BP Reports Sharp Profit Increase as Middle East Conflict Drives Global Oil Prices Higher
Nigel Farage Expresses Openness to Potential Alliance with Restore Britain
AstraZeneca Merger Talks Reflect Intensifying Pharmaceutical Consolidation
University Merger May Set Template for Higher Education Reform
Apple's Legal Challenge Highlights Growing Tension Over Encryption and Surveillance
Prime Minister Andy Burnham's Agenda Signals Shift Toward Greater Regional Devolution
Mental Health Trust Faces Criticism Over Planned £25 Million Budget Cuts
Scientists and Cultural Leaders Call for Funding to Save Jodrell Bank Observatory
UK Manufacturing Output Reaches Highest Level in Nearly Two Years
University of Greenwich and University of Kent Complete Landmark Merger
Nigel Farage Unveils Naval Border Proposal Amid Questions Over £5 Million Donation
Prime Minister Andy Burnham Pledges Tougher Action on Small Boat Crossings
Apple Challenges UK Government Over Encrypted Data Access Demands
AstraZeneca Shares Fall After Reports of $400 Billion Bristol Myers Squibb Merger Talks
Triple Lock Lifts UK State Pension but Leaves a Wider Retirement Gap
Danube Drought Forces Hungary’s Paks Nuclear Plant Into Full Shutdown
Ceuta Death Toll Rises as Spain and Europe Clash Over Border Response
Cuba’s Grid Fails Again as Fuel Crisis Deepens
Nazca Lines Flight Crash Kills Thirteen as Peru Suspends Aerodiana
Modern Slavery Decisions Broaden the Al Fayed Inquiry’s Frame
FIFA’s Retreat Leaves a Larger Question Over Who Guards the Game
Two Firefighting Crew Members Die in Helicopter Collision West of Athens
Public Sector Automation Through Artificial Intelligence
Regional Investment Beyond London
Protection of Strategic Technology Assets
UK Competition Regulator Blocks Major Foreign Takeover of British Quantum Computing Firm
UK Government Commits Two Billion Pounds to Modernise Northern Rail Network
UK Parliament Approves Planning Reforms to Accelerate Housing Construction on Green Belt Land
Scotland Approves Major Floating Offshore Wind Expansion in the North Sea
United Kingdom and European Union Sign Defence and Critical Minerals Cooperation Agreement
NHS Invests Five Hundred Million Pounds in Artificial Intelligence Diagnostics to Reduce Waiting Lists
×