The Scottish Qualifications Authority (SQA) has been accused of undermining young people’s rights over its handling of exam marking for this year’s Higher History course.

Nicola Killean, Children and Young People’s Commissioner for Scotland (CYPCS), told The Herald that the ongoing controversy has had a significant impact on a number of students, and warned that the organisation has created “anxiety and distress” for young people.

The vice-chair of the Scottish Youth Parliament, Olivia Brown MSYP, also argued that the SQA’s approach was acting as a “barrier to young people accessing their right to education".

Opposition parties have urged the government to take action and called for an investigation to be opened.

Last month, The Herald revealed that teachers, including current exam marks, had accused the SQA of ‘moving the goalposts’ and subjecting students to an ‘unfair’ marking process. They explained that more detailed answers had been demanded than has previously been the case, and that this altered approach was behind a 25 percent drop in pupils’ performance levels in the Scottish History part of the exam.

The Scottish Government originally declined to intervene, stating that the exam board would carry out its own review, but has now confirmed that Ms Gilruth will meet with the SQA on 18 September after the release of the 2024 exam papers and marking instructions sparked fresh demands for an investigation.

The intervention of both the Children and Young People’s Commissioner for Scotland and MSYPs, and the accusation that the right to education has been impacted by the SQA’s approach, puts further pressure on the exam board. Officials have repeatedly insisted that marking was “consistent with previous years” but teachers, including some who worked for the SQA as markers, have rejected this claim.

Speaking to The Herald, the Commissioner confirmed that the issue has been raised with her office and outlined her concerns about the “harm” that has been caused to young people: “I have been made aware that there has been a marking issue for a number of children who sat Higher History this year, which has impacted on their right to education. There must be a transparent and fair appeals process for children to raise issues with their exams, and the SQA must do all it can to mitigate the harm that any marking issue has caused.  

“All children should be able to appeal their results and have alternative evidence taken into account and my office has been concerned about inadequacy of the SQA’s various appeals processes for several years. All children have the right to an education that develops their mind, body, and abilities to the fullest and adequately recognises their talents and achievements.

“It is right that the Cabinet Secretary for Education and Skills is intervening in this matter on behalf of the children affected. The SQA should address this issue urgently as children affected are experiencing anxiety and distress, and for some it has had a significant impact on their next steps to university or college.”


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Olivia Brown MSYP, Vice Chair of the Scottish Youth Parliament, echoed concerns about the rights of young people and criticised the approach of the SQA:

"With UNCRC now incorporated into Scots law, it's disappointing that issues relating to Higher History exam in the 2023/24 exam diet are a barrier to young people accessing their rights to education, and could widen the existing attainment gap for pupils studying the subject.

“MSYPs have made clear to the SQA about the need for meaningful participation with young people to inform decisions to avoid situations like this. Going forward, with the creation of Qualifications Scotland, we will continue pressing for engagement with learners, including at the highest levels, to be central to decision making around exams to make sure young people are not unfairly disadvantaged again."

Olivia Brown MSYP warned that the SQA's actions could widen the attainment gapOlivia Brown MSYP warned that the SQA's actions could widen the attainment gap (Image: Scottish Youth Parliament)

Pam Duncan-Glancy, Scottish Labour's spokesperson on education, said that the Commissioner’s addition to the “chorus of concern about the SQA marking process” demonstrates how important it is that the issue is resolved.

She added: "This SNP government has presided over chaos in the exams system from blank emails on result day to inadequate appeals processes which all cause unnecessary uncertainty and stress for Scotland's young people at a crucial time in their lives. 

"The Cabinet Secretary must step in now before trust in the exam system is further undermined.”

The Scottish Liberal Democrats’ education spokesperson, Willie Rennie, supported the education secretary’s decision to meet with the SQA over the marking problems, but argued that further action is necessary:

"I was pleased to see the Cabinet Secretary's willingness to seek a meeting with senior SQA officials to discuss concerns over the marking of Higher History exam papers.

"However, a meeting alone is not going to be enough. In light of the Children's Commissioners' comments about the impact on children's rights, an independent investigation would help to deliver clarity about what has transpired.

"After the pandemic grading farce, there have been serious questions about SQA decision making. That's why we need proper reform with a new, accountable qualifications body."


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Ross Greer, education spokesperson for the Scottish Greens, said that the culture at the exam board is part of the problem: “This is yet another example of the clear need for a system whereby teachers, lecturers and students can raise concerns with exam papers in the immediate aftermath of the exam itself. As it stands, the SQA’s culture of defensiveness results in these concerns being dismissed year after year, only for the exams authority to quietly and begrudgingly admit months later that there was in fact a problem.

“The setting of grade boundaries and the reasoning behind those decisions must be far more transparent and communicated no later than results day. This is one of the many issues the Scottish Government could address if it embraces Professor Hayward’s recommendations and overhauls our Victorian-era exams and qualifications system, replacing it with one fit for the 21st century.”

A SQA spokesperson said: “The Chief Examiner and Chair of SQA will meet with the Cabinet Secretary next week to update her on Higher History. We are always willing to meet the Children's Commissioner to discuss matters of interest.

“The 2024 appeals service is the same as last year, and broadly in line with appeals services operating across the UK for many years. An equalities impact assessment and children’s rights and wellbeing impact assessment were published. This consistent approach provides certainty for the education community and safeguards the credibility of the qualifications.

“We fully considered the findings of our extensive evaluation into the 2023 service. That included the views of learners, teachers, lecturers and senior examiners. We also consulted with stakeholders on the NQ24 Strategic Group.”

A Scottish Government spokesperson said:

“The Education Secretary is due to meet with both the Chief Examiner and the Chair of the SQA on 18 September when the issues raised over the marking of Higher history will be discussed.”