London Daily

Focus on the big picture.
Saturday, Mar 28, 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
Fresh Claims Emerge Over Harry and Meghan’s Australia Visit as Insider Speaks Out
NATO Assessment Indicates UK Defence Spending Has Fallen Below Alliance Average
FTSE 100 Slips as Middle East Tensions Weigh on Investor Sentiment
UK Economy Begins to Feel Early Impact of Iran Conflict as Policy Challenges Intensify
Russian National Jailed in UK After Assault Case Linked to Barron Trump’s Alert
Energy Price Surge Accelerates Shift Away from Fossil Fuels in UK Homes
UK Museums House More Than 260,000 Human Remains, New Report Reveals
Surging UK Gilt Yields Reflect Inflation Pressures and Fiscal Uncertainty
UK Issues Updated Guidance on Children’s Screen Time with Focus on Balance and Wellbeing
UK Migration Figures Show Shifting Trends Across Asylum, Visas and Channel Crossings
UK Watchdog Launches Probe into Five Firms Over Alleged Fake Reviews and Ratings
Jaguar Land Rover Halts Production at UK Plant Amid Supplier Disruption
UK Police Reverse Position, Confirm Arrests Will Resume for Palestine Action Protests
UK Small Businesses Face Europe’s Steepest Cost Pressures, New Survey Reveals
US Envoy Urges UK to Proceed with King’s Visit Amid Diplomatic Sensitivities
FTSE 100 Drops Over One Percent as Middle East Tensions Weigh on Markets
UK CO2 Plant Set to Reopen as Authorities Move to Safeguard Supplies Amid Middle East Tensions
Trump Urges Stronger Defence Investment as He Questions Allied Naval Capabilities
New COVID Variant Detected in UK Raises Concerns Over Vaccine Effectiveness
FTSE Russell Moves to Standardise Free-Float Rules for UK and International Listings
HBO Max Launches in UK and Ireland, Marking Major Step in Global Streaming Expansion
UK Signals Readiness to Seize Russian ‘Shadow Fleet’ Vessels in Escalation of Sanctions Enforcement
Escalating Middle East Conflict Seen as Major Threat to UK Economic Stability
Early Challenges Mark Prince Harry and Meghan’s Australia Visit
UK Government Rejects Cover-Up Claims After Theft of Former PM Aide’s Phone
Cyprus Opens Strategic Talks with UK Over Sovereign Base Areas
UK Faces Risk of Sharp Inflation Surge Despite Stable Pre-Crisis Figures
UK Police Arrest Two Over Suspected Antisemitic Arson as Iran Link Investigated
UK Inflation Holds at Three Percent Ahead of Oil Price Shock from Iran Conflict
UK Fuel Prices Face Upward Pressure as Global Oil Trends Raise Cost Outlook
Girlguiding UK Sets September Deadline for Membership Policy Change Affecting Trans Participants
Germany and UK Accelerate Wind Power Expansion to Strengthen Energy Security
UK Moves to Ban Cryptocurrency Donations to Political Parties Over Foreign Influence Concerns
UK and Turkey Finalise Major Air Defence Agreement Worth Billions
Apple Introduces Mandatory Age Verification for iPhone Users in the UK
Diverging Views Emerge Over Meghan Markle’s Planned Australia Appearance
Trump Signals Frustration with UK Leadership Amid Diverging Approaches to Iran Conflict
UK Government Takes Control of Hunterston B as Landmark Nuclear Decommissioning Begins
UK Public Inflation Expectations Jump Sharply in March, Raising Pressure on Bank of England
UK Ministers Warn Expanded North Sea Drilling Would Deepen Exposure to Global Energy Volatility
Delayed UK Defence Investment Plan Leaves Suppliers Under Severe Financial Strain
Can Iran Strike the UK? Assessing the Real Military Threat as Conflict Escalates
Sanctioned Iranian Banker Linked to Luxury Marbella Villa Through UK Corporate Structure
Casey Bloys Navigates HBO Max UK Launch, Paramount Integration and Industry Buzz Over Netflix Meeting
Iran Conflict Sparks Sharp Turbulence in UK Mortgage Market, Reaching Pandemic-Era Disruption Levels
Major Donor Urges University of Kentucky to Reconsider Mitch Barnhart’s Post-Retirement Role
United Kingdom Moves to Lead International Effort to Reopen Strait of Hormuz
UK Police Investigate Targeted Attack on Jewish Ambulance Vehicles
UK Police Investigate Targeted Attack on Jewish Ambulance Vehicles
Senior UK Advocate Criticises Barnhart Retirement Appointment, Calls for Reconsideration
×