Exam debacle

Inevitably, discussion has turned to the matter of legal redress for students whose papers have been undermarked. The purpose of this article is to highlight what students can expect from the legal system and what action they should take.

Stories abound in the press of students suing for sums of £100,000 and upwards as a result of receiving lower exam grades than they deserved. It is unfortunate that the tone of such articles tends to depict lawyers as vultures circling the debilitated body of the Oxford, Cambridge and RSA (OCR) exam board. However, we must be continually aware of the moral costs at the heart of this issue.

There are 90,000 students who are due to have their papers reassessed as a result of this 'grade-fixing.' However, many of these students will be several weeks into term at their second choice universities; more will be taking an enforced year out.

Universities have already filled their places and there is no guarantee that they can make allowances for wronged students when the next academic year starts in 2003.

Clearly, the legal requirement to mark papers honestly and competently is also a moral one. Students who have worked hard for two years are suddenly faced with the prospect of undertaking lesser university degrees and consequently having less career opportunities than they might have expected.

As a legal practitioner with over 20 years experience, I am acutely aware that morality and the law are inextricably linked. Based on this principle, students should be entitled to compensation.

Here are some key points to bear in mind for those wishing to pursue a claim:

The exam board involved has breached its' contract and duty of care to mark papers fairly. Cases will be pursued on this basis.

Legal aid will probably be available for most of those wishing to claim. It is right that legal costs should not be a barrier in this instance.

A deluge of claims is expected. See a solicitor for advice on how to pursue your claim.