London Daily

Focus on the big picture.
Monday, Oct 19, 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
Surging Cloned Number Plates Severely Complicate Traffic Enforcement and Police Investigations
Mounting Opposition Challenges Planned Rollout of Autonomous Taxis Across London
Influential Think Tank Urges Rejoining European Union to Navigate Geopolitical Crises
Government Review Recommends Slashing Benefits to Fund Youth Employment Initiatives
Senior Minister Shabana Mahmood Seeks New Law Enforcement Pact With European Union
Airbus Executive Warns Britain Risks Losing Crucial Role in European Space Industry
Exorbitant Electricity Costs Push British Steelmakers to Worst Competitive Position in Three Years
British Food and Beverage Exports to European Union Collapse by Over a Third Since Brexit
Up to Twenty English Maternity Units Face Impending Closure Due to Safety and Staffing Crises
Government Declares Severe Drought Across Southern England Following Record Dry Spell
Corporate Profit Warnings Reach Two-Year High Amid Middle East Conflict and Rising Costs
International Monetary Fund Warns Chancellor John Healey Against Proposed Bank Tax Raid
Northern Ireland Secures Favorable Agricultural Export Agreement with European Union
Scottish Government Approves Major Offshore Floating Wind Farm Near Aberdeenshire
High Speed Two Rail Project Faces Three Billion Pound Cost Escalation on Initial Phase
National Health Service Warns of Winter Capacity Crisis Across English Hospitals
Tata Steel Confirms Two Thousand Job Cuts at Port Talbot to Fund Green Transition
Global Microchip Developer Announces Three Billion Pound Semiconductor Plant in Cambridge
United Kingdom Artificial Intelligence Safety Institute Proposes Mandatory Licensing for Generative Models
United Kingdom Commits Additional Long-Range Weapons and Air Defenses to Ukraine
British Chancellor Overhauls Infrastructure Financing to Bypass Borrowing Constraints
Bank of England Holds Benchmark Interest Rate at Four Point Five Percent
First Minister Rhun ap Iorwerth Confirms Constitutional Discussions Over Welsh Independence During Initial Bilateral Call with Prime Minister
Labour Party Instructs Local Council Groups to Sever Power-Sharing Accords with Green Party Over New Controversial Policy Positions
Institute for Fiscal Studies Warns of Thirty-Five Billion Pound Fiscal Gap Ahead of Chancellor John Healey Upcoming Autumn Budget
House of Lords Backs Landmark Legislative Amendment to Decriminalize Abortion Across England and Wales
United Kingdom Defence Secretary Wes Streeting Travels to Pentagon for High-Level Strategic Talks Amid Escalating Tensions Over Ukraine and United States Policy Shifts
Bank of England and International Monetary Fund Officials Issue Urgent Warnings Regarding Potential Artificial Intelligence Financial Market Shocks
Reform UK Faces Severe Political Fallout and Scrutiny After Undercover Media Investigations Reveal Systemic Racism Among Candidates
Former Democratic Unionist Party Leader Jeffrey Donaldson Sentenced to Fifteen Years in Prison Following Landmark Child Sexual Abuse Trial
House of Lords Votes to Amend Schools Bill Implementing Comprehensive Social Media Ban for Children Under Sixteen Years of Age
International Monetary Fund Upgrades United Kingdom Growth Forecast for Two Thousand Twenty-Six While Warning of Energy-Driven Inflation Pressures
Competition and Markets Authority Launches Formal Inquiry Into Corporate Artificial Intelligence Partnerships
Automotive Industry Leaders Urge Westminster to Accelerate Electric Vehicle Charging Infrastructure Rollout
Home Office Expands Digital Border Security Framework With Mandatory Electronic Travel Authorizations Across United Kingdom
Northern Ireland Executive Reaches Final Consensus on Public Sector Pay Reform and Budget Allocations
Welsh First Minister Secures Additional Funding for Rural Agricultural Transition and Sustainable Farming Schemes
Scottish Government Unveils Accelerated Regional Infrastructure Strategy to Boost Clean Energy Manufacturing
National Health Service England Launches Emergency Recruitment Drive to Alleviate Severe Acute Care Winter Backlogs
Bank of England Monetary Policy Committee Signals Cautious Approach to Interest Rate Reductions Amid Persistent Wage Growth
British Government Finalizes Emergency Energy Support Package to Protect Households From Winter Price Surges
Russell Brand Trial Begins at Southwark Crown Court
UK Parliament to Debate Climate Risks and Council Tax Following Public Petitions
Department for Transport Demands Safety Audits Following Regional Rail Disruptions
House of Lords Scrutinizes Amendments to Armed Forces Bill
Devolved Administrations in Scotland and Wales Criticize Post-Brexit Funding Framework
Prime Minister Andy Burnham Defends Middle East Military Support Under Parliamentary Scrutiny
NHS Leaders Warn of Severe Pressure on Hospitals from Winter Virus Outbreaks
Retailers and Business Groups Lobby Chancellor for Relief from Rising Employment Taxes
City of London Taskforce Urges Radical Reform to Prevent UK From Becoming "Incubator Nation"
×