Wrongly graded students have 'excellent case' for compensation

A-level students who have missed out on places at university because their exams have been remarked and upgraded could receive up to £50,000 in compensation if they took their cases to court, a leading lawyer said yesterday.

A-level students who have missed out on places at university because their exams have been remarked and upgraded could receive up to £50,000 in compensation if they took their cases to court, a leading lawyer said yesterday.

One London law firm is already consulting with the Association of Headteachers with a view to lodging the first claim.

Martyn Day, one of the best known personal injury lawyers in the country, said yesterday that some students would have "excellent cases".

"Judging by the statements I have seen today saying students will now be able to bring negligence cases against the exam boards, they will be able to claim for the loss of an opportunity of a career if they can show that they would have got into a university had their exams been properly marked the first time around," he said.

He said that as an example, a law student who had missed out on a law degree at Oxford University, or an equivalent course, might be able to claim for as much as £50,000 – the equivalent to one-year's salary in a big city law firm. Mr Day explained that the courts would probably assess the claims on the basis of the alleged negligence causing students to be held back in their career by at least one year. Students who could show that their future careers had been more seriously blighted could be entitled to even greater damages.

Mr Day said he had been consulting with the Association of Headteachers over the possibility of bringing a test case to court. But he said: "These are very early days and we are still a long way from bringing the first claim to court."

Mr Day has recently successfully negotiated a settlement with the Ministry of Defence on behalf of Kenyans who were injured by British Army munitions on firing ranges. He also trailblazed the first tobacco litigation claims in this country and has an international reputation as a personal injury litigator.

True scale of chaos will be known next week

Sarah Cassidy

How many students have been affected?

Headteachers estimate that more than 10,000 students must have their papers re-graded. Mike Tomlinson yesterday refused to comment saying "it would be quite improper to set a hare running with a figure until we know it is accurate". But he confirmed that "around 12" subjects will be regraded.

When will we know the true scale of the problem?

Mr Tomlinson has asked all the exam boards to provide information about the movement of grade boundaries by Monday night. Mr Tomlinson then will announce on Tuesday a final list of the exams thought to have been downgraded and the number of students who will have their papers regraded.

When will the students get their new grades?

Early in the week starting 7 October, Estelle Morris, the Secretary of State for Education, promised yesterday.

What if their grades go down?

It can't happen. Ms Morris has given an assurance that students' grades can only go up as a result of the regrading process. Mr Tomlinson will personally oversee the re-grading to ensure that it is seen as independent and fair.

Can students use their new improved grades to switch to courses at more prestigious universities?

Technically, yes. But most university terms have already begun. The advice yesterday was that – if you take a gap year – the university place will be held open for you until next autumn. Students who have already started courses can try to switch but ministers believe that most will prefer to stay at the institution where they have already settled in.

Who is to blame?

Mr Tomlinson was reluctant to blame anybody. He concluded that there had been no political interference. He added that Sir William Stubbs, the chairman of the Qualifications and Curriculum Authority, had acted according to the "wholly proper and necessary concerns of the regulator". But he concluded that the exam boards had gained the "perception" that they were under pressure from the QCA to mark papers down.

What happens next?

Mr Tomlinson will proceed with the second stage of his inquiry which will investigate how the QCA and the exam boards have set A-level standards over time. He will publish his recommendations on how to secure the "credibility and integrity of these exams" in November. The authority must provide more guidance to schools on the standards expected at AS-Level and A2, in each subject as well as A-levels in general. Examiners and teachers will receive more training and advice.