Students Start Legal Bid over Exam Appeals; Lawyer Says Results Claims Must Be Heard under European Human Rights Law
Byline: HAMISH MACDONELL
A GROUP of students has threatened to take the Scottish Qualifications Authority to court because they were denied the right to appeal against their exam results.
Lawyers acting for the nine students warned yesterday they would use European human rights law against the SQA unless it agreed to reassess the results.
Thousands of students received incorrect Higher and Standard Grade results.
Good prelim results made many expect good passes in the actual exams.
The students who have started legal proceedings claim they were harshly treated by the SQA and denied Higher grades they should easily have achieved.
All of them went through the official appeals procedure to question their original grades, but were astonished when their appeals were turned down.
They approached Glasgow law firm Ross, Harper and Murphy to find out if they could use the law to take their cases further.
Cameron Fyfe, who is representing the students, said: 'They should have won their appeals hands down and they want to challenge that.
But under the system at the moment, the SQA has the final word. I believe we can successfully argue that this contravenes the European Convention on Human Rights which gives everybody the right of appeal against a decision like this.' He added: 'It is certainly a novel case. There is no precedent for it but I believe there is a reasonable chance of success.' It also emerged yesterday that the Scottish School Boards Association has published a newsletter telling parents how to sue the SQA over the exams fiasco. …