NOW PUPILS PLAN TO SUE THE EDUCATION SECRETARY
SNP could have breached youngsters’ human rights after results downgraded, warns expert
PUPILS are planning to launch legal action over the ‘shambolic’ handling of this year’s exam results – as pressure mounts on Education Secretary John Swinney to resign.
Almost 125,000 Scottish children were left disappointed on Tuesday after their predicted grades submitted by teachers were lowered by the Scottish Qualifications Authority (SQA).
Critics fear the results, which took into account a school’s past performance in exams, have resulted in high-achieving students in deprived areas being unfairly penalised.
On Friday, political opponents vowed to stage a vote of no confidence in Mr Swinney.
Now, as pressure mounts on him to quit, The Scottish Mail on Sunday can reveal that pupils and their families are considering filing lawsuits against the Scottish Government and the SQA.
Last night, Scottish Tory education spokesman Jamie Greene said: ‘The fact some people are looking to take legal action says everything you need to know about the shambles the SNP has presided over. I don’t blame parents for wanting to do what’s best for their children and take every step they can to force the SNP to fix this mess.
‘The Scottish Government should take these possible legal challenges as a stark and serious warning to John Swinney.’
The challenge comes after more than a quarter of grades were changed by the SQA based on criteria that included schools’ past performances.
In total, 124,564 pupils’ results were downgraded, with some council areas seemingly disproportionately affected.
Nearly half of pupils in North Lanarkshire had their results knocked down, while East Ayrshire Council has estimated that 28 per cent of its pupils are eligible to appeal their result. Now legal experts working with affected young people and their families have warned that the approach to awarding exam results could have contravened an international treaty on children’s rights.
According to the UN Convention on the Rights of the Child (UNCRC) – a convention which the Scottish Government has proudly claimed it is incorporating into Scots law – every child has the same rights, irrespective of where they live, their religion or make-up of their society.
This includes rights relating to health and education, fair and equal treatment and the right to be heard.
Dr Tracy Kirk, a law lecturer and children’s rights academic at Glasgow Caledonian University, said: ‘When the Scottish Government was making initial decisions about to how to deal with the cancellation of exams and the alternative grading process required, they didn’t have a children’s rights base approach to that.
‘If it had... it would have shown the groups of young people that would be disproportionately disadvantaged by the system.
‘It’s certainly not the childcentred approach that the Scottish Government is really proud of having.
‘Children have been treated as a collective group instead of individuals and exam results have clearly been awarded on that same basis.’
Dr Kirk added: ‘I’m aware that there are some people looking to see if they can take legal action.
‘The UN Convention on the Rights of the Child is something that Scotland has committed to incorporating into Scots law. There are several different legal routes people are going down.’
On Friday, a number of students gathered in Glasgow to voice their anger at the situation. Protest
co-ordinator Erin Bleakley, 17, called on the Scottish Government to reverse the downgrading of results – and said she fears her lowered grades could destroy her dreams of becoming a vet.
She told a newspaper: ‘My message to Nicola Sturgeon and the SQA is this – our future is at stake. It is our education and our lives being messed around with.’
On the same day, Scottish Labour called for a vote of no confidence in the Education Secretary, amid growing calls for him to step down.
Scottish Labour’s education spokesman Iain Gray said: ‘It is now clear that John Swinney has completely lost control of the SQA and the exam process and he needs to go.’
The calls have been backed by the Scottish Conservatives and are being considered by the Scottish Liberal Democrats and Scottish Greens.
Mr Swinney, who is also Deputy First Minister, will make a statement to parliament next week.
Scottish Lib Dem leader Willie Rennie said: ‘We want to hear from the Education Secretary.
‘If we are not satisfied that he has a plan that will work we will consider backing a motion of no confidence.’ A Scottish Government spokesman said: ‘John Swinney and Nicola Sturgeon are absolutely committed to listening to the concerns of those who feel let down.
‘In the meantime, it is important that the appeals process is allowed to proceed.’
An SQA spokesman said: ‘Appeals is the final stage of this year’s certification process and we would advise learners to speak to their school or college if they have any questions about their results.’
‘Children have been treated as a collective group, not individuals’