Coronavirus: NI teachers to be given legal protection over exam results

This summer's GCSE and A Level tests were cancelled due to the pandemic

Teachers and schools in Northern Ireland are to be indemnified against legal challenges over exam grades.

The Department of Education (DE) has written to schools telling them the protection covers the summer 2020 exam series.

The DE said the arrangement had been approved by the Department of Finance.

As exams are cancelled, teachers and schools will calculate the grades they think pupils would have received had exams gone ahead.

Schools will also rank pupils in each subject from top to bottom.

Those results will then be moderated by the Council for the Curriculum, Examinations and Assessment (CCEA) using a statistical model, which includes predictions for pupils and data including the previous performance of each school.

'Robust legal defence'

In the DE letter, which has been obtained by BBC News NI, Education Minister Peter Weir said the indemnity would provide "comfort" to teachers and schools concerned over the potential for legal challenge over the awarding of grades.

"Teachers and schools are being asked to facilitate the awarding of grades by participating in the alternative arrangements, but I understand that there may be some concern that this participation could lead to involvement in a legal challenge at some stage," he said.

"For that reason I am providing an indemnity agreement to cover such circumstances.

"This agreement covers participation in the alternative awarding arrangements for all regulated qualifications delivered in Northern Ireland schools in summer 2020."

The indemnity outlined in a letter from Peter Weir will cover legal costs or a financial award against the school

He added that school "must ensure adherence" to the procedures for awarding grades "in order to enable robust legal defence against any challenges".

"Failure to adhere to the procedures/guidance will remove access to this indemnity provision."

A spokesperson for the Department of Education said the department had been "working to put in place an indemnity for schools in case of legal challenge in relation to their role in the awarding arrangements".

They added that "approval for this indemnity has now been secured".

"It is not possible to estimate the potential number of legal claims or challenges," the spokesperson added.

'Destroy documents' call

Speaking to BBC Radio Ulster's Evening Extra, a representative from teaching union NASUWT said Stormont should order the destruction of all documents used to calculate children's exam grades.

"We know in the Republic, teachers have been protected, schools have been ordered to destroy all documentation used to provide the grades," said Justin McCamphill.

"We would be calling on the department to do something similar unless they can provide proper protection for teachers."

He said keeping the documents would make legal challenges "more likely".

"Teachers have exercised their professional judgement to the best of their ability.

"These are very difficult situations and teachers have risen to it, they shouldn't now be held over a metaphorical barrel for anything they have done, for the best of the children they teach."

What will the indemnity cover?

Details of the indemnity agreement were attached to the minister's letter.

School staff covered by the agreement include teachers calculating grades and ranking pupils, as well as principals who sign off the grades and rank orders.

It covers legal costs arising from a judicial review process or a financial award against them as a result of that process.

However, any school faced with a legal challenge over exam grades has to inform the department immediately in writing for the indemnity to be triggered.

Teaching unions in the Republic of Ireland had previously said that the government there had agreed to provide their members with full legal protection over calculating grades due to the cancellation of Leaving Cert exams.