Examining boards

Examples from draft Code of Practice on General Qualification Bodies:

An oral examination for a person training to be a Russian interpreter cannot be done in an alternative way, e.g. as a written examination, because the examination is to ascertain whether someone can speak Russian."
Para 8.31

On responsibility for actions of employees:
"An Examiner working for a Scottish general qualifications body refuses to allow a pupil with a severe speech impediment to have extra time to answer in a French Speaking Test. The Examiner is employed by the general qualifications body so the body will be liable for the potentially discriminatory actions of the Examiner (in failing to make a reasonable adjustment), unless it could demonstrate that it had taken such steps as were reasonably practicable to prevent such actions..."
Para 3.32.

"Certain elements of a relevant general qualification can be assessed either orally or in writing. Some of these elements may be competence standards which are not subject to the duty to make reasonable adjustments. However, the process of assessment itself may not be a competence standard and is, therefore, likely to be subject to the reasonable adjustments duty. This duty could arise where one assessment method, in contrast to another method, places a disabled candidate at a substantial disadvantage."
Para 9.42

This page outlines new rules bringing examining boards (eg for GCSEs and A-levels) and other general qualification bodies within the DDA from September 2007.

The Disability Discrimination Act 2005 brought examining boards within the DDA from 1st September 2007.

From September, the DDA 1995 covers examination/awarding bodies which provide general qualifications such as GCSEs, A levels and other non-vocational exams (including Scottish and Welsh equivalents), unless already within the DDA. The legislation calls these bodies 'general qualifications bodies'. Examples are AQA, Edexel and OCR. Regulations (see below) will specify what qualifications are covered. There is a Code of Practice on the EHRC website (pdf file).

Schools, colleges/universities and professional/trade qualification bodies are already within the DDA, including as regards exams, but general exam boards were not covered.

The rules for general qualification bodies are very similar to the pre-existing rules for trade and professional qualification bodies. Competence standards must meet a distinct 'justification' test - most importantly they must be a proportionate means of achieving a legitimate aim (unless a new House of Lords decision in June 2008 is held to affect this). The reasonable adjustment duty can apply to the process of assessing a competence standard - see on extra time for French Speaking Test in box. Also a body cannot justify 'direct discrimination', defined as for employment.

Unlike trade/professional qualification bodies, disputes go to the county court (sheriffs court in Scotland) rather than an Employment Tribunal, and the Disability Conciliation Service is available (www.dcs-gb.org).

The rules are contained in a new Chapter 2A of Part 4 (education) of the DDA 1995. Chapter 2A is inserted by Section 15 of the 2005 Act. The new Chapter 2A would itself be amended by the draft regulations below.

Under the new rules, exam candidates have greater legal rights. However, even apart from these rights, exam boards have often been willing to allow special arrangements related to disabilities. See, for example, www.jcq.org.uk/access_arrangements/ and www.jcq.org.uk/faqs/access_arrangements/ on the website of the Joint Council for Qualifications (JCQ), which includes bodies such as AQA, Edexel and OCR. There are specific regulations and guidance on allowing extra time, for example.

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Examining boards

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