London Daily

Focus on the big picture.
Friday, Nov 06, 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
High Court Rules in Favor of Comprehensive Transparency Review Regarding Government Artificial Intelligence Procurement Contracts
Home Office Expands Digital Border Security and Electronic Travel Authorization Systems Across International Arrivals
Scottish Government Confirms Accelerated Investment in Offshore Renewable Energy Infrastructure Across North Sea Corridors
Department for Environment Food and Rural Affairs Implements Stricter Water Company Oversight and Environmental Penalties
National Health Service England Unveils Emergency Winter Resilience Package to Tackle Acute Accident and Emergency Backlogs
Office for National Statistics Reports Gross Domestic Product Growth Stagnated at Zero Point One Percent in Third Quarter
Chancellor of the Exchequer Outlines Comprehensive Fiscal Strategy to Stabilize National Borrowing and Public Spending
Bank of England Maintains Base Interest Rate at Five Percent Amid Persistent Service Sector Inflation Pressures
Office for National Statistics Reports Stable Consumer Confidence and Modest Retail Growth Heading into Winter
Welsh Government Launches Strategic Regional Transport Initiative to Modernize Rail Links Across South Wales
Home Office Expands Digital Border Security Controls and Electronic Travel Authorisations for Inbound Visitors
Scottish Government Announces Emergency Housing Investment Package to Tackle Urban Homelessness Crises
Northern Ireland Executive Reaches Bipartisan Consensus on Public Sector Pay Reform and Budget Allocations
Automotive Manufacturing Sector in the West Midlands Welcomes New Electric Vehicle Supply Chain Investments
Department for Energy Security and Net Zero Approves Offshore Wind Expansion in the North Sea
HM Treasury Finalizes Regulatory Framework for Stablecoins and Digital Asset Markets in London
National Health Service Unveils Comprehensive Digital Integration Strategy to Slash Hospital Waiting Lists
Bank of England Leaves Interest Rates Unchanged Amid Persistent Wage Growth and Inflationary Pressures
United Kingdom and Caribbean Nations Agree to Establish Formal Diplomatic Dialogue Following Reparations Discussions
Cambridge University Appoints Senior Barrister to Lead Independent Review into Death of Academic Jason Arday
Historic Hastings Castle and Kent Dickens Chalet Added to National Heritage at Risk Register Amid Deterioration Concerns
Incoming British Ambassador to Japan Calls for Deepened Bilateral Cooperation on Artificial Intelligence and Semiconductors
Milburn Review Urges Employment Revolution to Unlock Workforce Opportunities for Young Disabled Britons
British Healthcare Worker Evacuated from Democratic Republic of Congo to United Kingdom Following Ebola Exposure
United Nations Refugee Agency Criticises Government Proposal for Thirty-Year Earned Settlement Pathways for Asylum Seekers
Parliamentary Inquiry Warns United Kingdom Remains Exposed to Chinese Critical Mineral Dependencies
Bank of England Prepares Interest Rate Decision as Inflation Pressures Prompt Expectation of Four Percent Benchmark
Department for Business and Trade Overhauls Protection Standards for Digital Animation and Moving Image Files
Intellectual Property Office Introduces Thirty-Month Grace Period for International Product Launches
Intellectual Property Office Targets Anti-Competitive Filings With New Powers to Verify Novelty Before Registration
Creative Industries Minister Ian Murray Praises Regulatory Reforms to Safeguard Small Businesses and Micro-Enterprises
Government Unveils Major Design Framework Overhaul to Protect British Creators and Boost Economy
Global Asset Management Reports Surge in British Dividend Payouts Driven by Strong Financial and Mining Sectors
HM Treasury Confirms Strongest Group of Seven Growth Figures as Fiscal Consolidation Plans Progress
Department for Energy Security and Net Zero Approves Construction of New North Sea Offshore Wind Hub
Northern Ireland Executive Finalizes Public Sector Pay Agreements Following Months of Inter-Agency Negotiations
Welsh First Minister Eluned Morgan Secures Cross-Party Support for Regional Clean Energy Infrastructure Bill
Competition and Markets Authority Launches Formal Investigation Into Dominant Artificial Intelligence Cloud Partnerships
United Kingdom Foreign Secretary David Lammy Concludes High-Level Diplomatic Mission to Washington and Ottawa
Scottish Government Announces Emergency Housing Investment Package to Address Escalating Urban Homelessness
Chancellor Rachel Reeves Finalizes Corporate Tax Adjustments Ahead of Upcoming Business Investment Summit
National Health Service England Unveils Emergency Winter Resilience Plan to Combat Projected A&E Overcrowding
Bank of England Monetary Policy Committee Votes to Hold Base Interest Rate Steady at Four Point Seven5 Per Cent
UK Gross Domestic Product Expands by Zero Point Four Per Cent in Third Quarter Driven by Resilient Services Growth
Northern Ireland Executive Agrees on Multi-Year Public Sector Pay Restructuring Framework at Stormont
Department for Transport Confirms Acceleration of Electric Vehicle Charging Infrastructure Rollout Along Strategic Motorways
Welsh Government Announces Emergency Funding Package to Support Agricultural Sector Facing Severe Weather Impacts
High Court Rules in Favor of Environmental Coalition Over Government Carbon Reduction Plan Deficiencies
Office for National Statistics Reports Stable Retail Sales Growth Supported by Strong Digital Commerce Volumes
Scottish First Minister John Swinney Secures Cross-Party Support for Renewable Energy Export Expansion
×