The “exam” results of 2020 will be remembered as exceptional - but so far we haven’t yet seen the exceptional response required.
As attention turns to other matters, it is important that those young people who have been disproportionately disadvantaged have redress by ensuring the appeals system is fit for purpose. Offering a direct ‘exceptional circumstances’ appeal option would help ensure fairness for all.
The Getting It Right For Every Child (GIRFEC) framework in Scotland seeks to ensure rights and wellbeing underpin decision-making, through consultation and engagement with individuals under 18 and those around them.
However, it is regretful that the Scottish Qualifications Authority (SQA) alternative grading process is undermining the GIRFEC framework. It is increasingly clear that an urgent change to the appeals process is required to ensure Scotland fulfils its legal obligations to protect and promote the rights of young people.
Background: SQA to respond to all appeals by end of September
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SQA results: John Swinney survives no-confidence vote
Q&A: How the SQA defended the results fiasco
Nicola Sturgeon on SQA results: ‘We did not get this right’
Ongoing survey: Students urged to talk frankly about Covid-19 closures
Despite first minister Nicola Sturgeon saying that “any young person who feels disadvantaged by the SQA due to personal circumstances can appeal”, the SQA appeals service for 2020 - more details of which emerged yesterday - currently only permits appeals where:
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An administrative error has been made when the estimate was submitted.
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The school or college is of the view that a candidate’s estimate was affected by discrimination or other unacceptable conduct under the Equality Act 2010.
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The head of a school or college believes there has been an error in the SQA’s internal processes for confirming results.
None of these grounds cover what the first minister mentions above.
The appeal routes currently available are too limited and fail to recognise the importance of involving young people in decisions which affect them. Teachers did a brilliant job submitting estimates to the SQA, but it is important to note that they were not asked to predict the performance of a student if they had taken an exam.
They were asked to provide ”…a holistic professional judgement based on candidate’s attainment in all aspects of the course (i.e. all course components) and should reflect the candidate’s demonstrated and inferred attainment of the required skills, knowledge and understanding for the predicted grade and band estimates”.
Teachers then had to rank all the students, a process which meant some students were estimated lower than their teacher’s initial judgment would have recommended. This saw one student we know going from teacher-predicted ABB in Advanced Higher to DDC on results day, and all that had changed was Covid-19. The intervention of deputy first minister and education secretary John Swinney only helps this student back to CCC, and she has no right to appeal under the current guidelines. She has lost university places and has no redress available. Surely, this is an example of exceptional circumstances?
It is difficult to see how a teacher can truly make a holistic judgment of a candidate when they were explicitly told by the SQA not to discuss estimates with students. There was no input from individual students. Teachers cannot possibly know all the personal circumstances each student has in order to make an accurate holistic judgment for every student.
We’ve become aware that those who have been disproportionately disadvantaged by the alternative grading process include: those with mental health problems, children who are refugees and asylum seekers, BAME (black and ethnic minority) young people, those with disabilities, those with ASN (additional support needs) and home-schooled children,
Importantly, the appeals process can still be amended to ensure students themselves can directly ask the SQA to take account of personal circumstances in what is referred to as an “exceptional circumstances appeal”. This permits the inclusion of any evidence of work done by a student alongside a statement about the specific circumstances of the individual young person. This would ensure those who have been disadvantaged by the SQA alternative grade process this year can appeal - consistent with the advice of our first minister.
A direct exceptional circumstances appeal process would ensure fairness for all these young people.
Dr Tracy Kirk is a legal academic in Scotland, who specialises in children and youth rights. She tweets @DrTracyKirk.
Rachael Hatfield, Katrina Lambert and Joel Meekison are young people who lead the SQA, Where’s Our Say? campaign (@SQAOurSay)
