Examining boards - before October 2010

Examples from Revised Code of Practice on General Qualifications 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 rules bringing examining boards (eg for GCSEs and A-levels) and other general qualifications bodies within the DDA from September 2007.

General examining boards come within the DDA from 1st September 2007. There is guidance on the rules in a Revised Code of Practice: Trade Organisations, Qualifications Bodies and General Qualifications Bodies (link to pdf on EHRC website).

The rules apply to examination/awarding bodies which provide general qualifications such as GCSEs, A and AS levels, and other non-vocational exams (including Scottish and Welsh equivalents), unless they are already within the DDA. The legislation calls these bodies 'general qualifications bodies'. Examples are AQA, Edexel and OCR. The qualifications covered are listed in regulations (2007 No. 1764).

Even before these rules, schools, colleges/universities and professional/trade qualification bodies were within the DDA as regards exams, and the rules applying to them continue. However, general exam boards were not covered before September 2007.

In summary, the effect of the rules is as follows:

Competence standards used for exams must meet a distinct 'justification' test - most importantly they must be a proportionate means of achieving a legitimate aim (but a House of Lords decision in June 2008 may affect this).
The reasonable adjustment duty can apply to the process of assessing a competence standard.
A body cannot justify 'direct discrimination'.

A user-friendly (I hope) outline, in the context of the very similar rules for universities, is Oral assessments, and assessed presentations. If you want a bit more technical detail, see my page on the (also) very similar rules applying to trade and professional qualification bodies.

There is a detail specific to general qualifications bodies that relates to being exempted from an exam component. However, this should not be relevant for someone who stammers unless they have other major difficulties. The rule is, broadly, that where exemption from a component of the exam is the only reasonable step to prevent a substantial disadvantage, it is always reasonable to grant that exemption and to assess the candidate just in relation to the remaining components, as if they were the entire examination (2007 No. 1764, amended from 24/10/08 by 2008 No. 2159. Also EHRC website.)

Unlike trade/professional qualification bodies, disputes with general qualifications bodies go to the county court (sheriffs court in Scotland) rather than an Employment Tribunal. 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 DDA 2005. The new Chapter 2A is supplemented by Regulations 2007 No. 1764 (link to OPSI website).

The new rules give exam candidates greater legal rights. Even before these rights, though, exam boards had often been willing to allow special arrangements related to disabilities. For current exam boards documentation, which of course should now comply with the new DDA rules, see for example www.jcq.org.uk/faqs/access_arrangements/ and pdf Access Arrangements Booklet 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 - before October 2010

Education menu - before October 2010

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