London Daily

Focus on the big picture.
Monday, Apr 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
UK Considers Deploying Aircraft Carrier for US Independence Day Celebrations Amid Renewed Transatlantic Focus
United Kingdom Moves to Attract AI Firm Anthropic Amid Tensions with US Defense Officials
RAF Intercepts Iranian Drones in Middle East to Defend Allied Security Interests
Labour Signals Shift on Foie Gras and Fur Restrictions to Advance EU Trade Talks
Seven Arrested Near RAF Base as UK Authorities Respond to Protest Activity
Economic Pressures Mount as Analysts Warn UK Growth Is Being Constrained by Policy Burdens
UK Green Party’s Push for Church-State Separation Sparks Debate Over National Identity
Strategic Island Emerges as Growing Challenge for United States and United Kingdom Defense Planning
Pepsi Pulls Sponsorship from UK Festival Following Backlash Linked to Kanye West
Signs Emerge of Declining Enthusiasm for Social Media in the United Kingdom
Security Alert Raised Ahead of Meghan Markle’s Planned Visit to Australia
UK Food Halls Defy Hospitality Slowdown, Emerging as Bright Spot in Challenging Market
UK Sets Firm Conditions for Military Action, Insisting on Legal Mandate and Clear Strategy
UK Medicines Regulator Launches Probe into Peptide Clinics Over Health Claims
New North Sea Drilling Unlikely to Significantly Cut UK Gas Imports, Analysis Finds
Woman Linked to UK’s First All-Female Terror Plot Faces Deportation
Downed US Aircraft Over Iran Linked to Operations from UK Airfield
Two Men and Teen Detained in UK Following Attack on Jewish Charity Ambulance
UK Police Launch Inquiry After Firearms Left Unattended Outside Mayor’s Residence
Giuffre Family Calls on King Charles to Meet Epstein Survivors During US Visit
Amber Wind Warning Issued as Storm Dave Approaches Parts of the United Kingdom
Prince Harry and Meghan’s Australia Visit Set to Draw Heightened Global Attention
UK Considers Entry Fees for Overseas Visitors at Major Museums Ahead of 2026 Travel Season
UK Prime Minister and Kuwait Crown Prince Coordinate Security Response After Regional Escalation
Calls Grow to Expand Fully Paid Maternity Leave for UK Teachers Amid Workforce Pressures
UK Secures Tariff-Free Access to US Market in Landmark Pharmaceuticals Agreement
Trump Projects Strength in Critique of UK Leadership and Naval Readiness
UK FinTech Setback as VibePay and Smartlayer Cease Operations Amid Funding Pressures
UK Leads Global Coalition of Over Forty Nations to Address Strait of Hormuz Crisis
UK Firms Urged to Accelerate Preparation as New Sustainability Reporting Rules Take Shape
UK Moves Rapid Sentry Air Defence System to Kuwait After Drone Strike Escalation
Transatlantic Relations Tested as UK Seeks Balance While Trump Reshapes Strategic Approach
Trump’s Strategic Pressure on UK Seen as Push for Stronger Alignment and Fairer Terms
UK Focuses on Trade Finance to Secure Critical Materials for Defence and Energy Sectors
Majority of UK Businesses Hit by Middle East Conflict While Confidence Holds Firm
UK Royal Navy Faces Renewed Scrutiny as Debate Intensifies Over Capability and Readiness
Reform UK Faces Mounting Distractions as Policy Agenda Struggles to Gain Traction
Investigation Launched Into Northern Cyprus IVF Clinics After UK Families Receive Incorrect Sperm
International Meeting Issues Unified Call to Safeguard Navigation Through Strait of Hormuz
Potential Strait of Hormuz Closure Raises Concerns Over UK Food and Medicine Supply Chains
UK Leads Coalition of Over Forty Nations Urging Iran to Reopen Strait of Hormuz
UK Secures Tariff-Free Access for Medicines in Landmark US Pharma Trade Agreement
King Charles III Invited to Address Joint Session of U.S. Congress in Rare Diplomatic Honor
Debate Grows Over Whether Expanded North Sea Drilling Can Reduce UK Energy Bills
UK Faces Heightened Risk of Jet Fuel Shortages, Airline Chief Warns
UK Ends Police Investigations into Lawful Social Media Posts After Review Finds Overreach
Abramovich Moves to Establish Charity for Frozen Chelsea Sale Proceeds Amid UK Dispute
Starmer Reaffirms NATO Commitment While Responding to Trump’s Strategic Critique
UK Aid Reductions Raise Fears of Severe Human Impact Across Parts of Africa
UK Signals Renewed Push for EU Cooperation as Iran Conflict Reshapes Security Landscape
×