The DP examination marks exemption (para 8 of DPA sched 7) appears to  
apply to any examination, both formal and informal (ie those which do  
not lead to any qualification). The school is entitled to withhold  
examination marks from a subject access request until 40 days after  
the results are announced or 5 months after the request is made,  
whichever is earlier.

It would then have to disclose both the unmoderated and the moderated  
mark.

I have always understood the purpose of the extended response time  
was to prevent in individual students obtaining their marks before  
everyone else; and that the purpose of allowing results to be  
moderated was to be able to upgrade a pupil who had underperformed  
because of serious illness or emotional trauma during the assessment  
period.

Given that the unmoderated aswell as the moderated marks ultimately  
have to be disclosed to a subject access request, I'm not sure why a  
school would want to refuse to disclose the unmoderated results when  
asked (so long as everyone has access at the same time).  I suppose  
it may want to protect itself from challenge by the parents of a  
pupil who has not been uprated when they believe he or she should  
have been, but this doesn't seem a particularly convincing  
justification.

Its hard to think of circumstances in which a school would wish to  
conceal from the pupil who has been uprated that this has been done.

Maurice Frankel
Campaign for Freedom of Information





On 19 Jun 2006, at 12:25, Paul Dodgson wrote:

> Dear All
>
> I have been asked to look into the question below.  The request is  
> from a
> third party who is seeking advice.  Whilst not obliged to do so (I  
> act for
> the atuhority, not the enquirer), I am interested in your views re  
> that
> below.  Please note I have not modified the note below save redacting
> personal details.  Any thoughts/views would be most appreciated, on  
> or off
> list.
>
> Thanks
>
> Paul
>
>
> Re: question on exam mark access by school pupils. I wonder if you  
> might be
> able to offer any information on a very specific interpretation of the
> application / remit of the Data Protection Act?
>
>
> I have confirmed with the exam boards – AQA WJEC – that they are  
> happy for
> unmoderated marks for assessed coursework for public examinations  
> to be
> released to students as soon as teachers have marked the work. They
> therefore treat this very differently to access to examination  
> marks for
> formal exams, (the latter subject to a right of access exemption  
> under Data
> Protection).  This means the raw score from the teacher can be  
> given out
> for such school based work, even though it may be subject to change  
> before
> the final issue of a formal GCSE or A Level grade by the board for
> candidates in August.
>
>
> I am clear that as a parent, under the Education Act, I have right of
> access to data concerning my child, (with exceptions such as child
> protection issues).  Separately, my child has right of access to
> information about themselves, (especially at 17 years old where it  
> is clear
> they are capable of understanding the information).
>
>
> The vast majority of schools do not hesitate to offer students  
> access to
> unmoderated assessed coursework marks.  However, in the instance  
> of  such
> access being obstructed,  does the student have their right of  
> access to
> their mark held on the school data base  by virtue of the Data  
> Protection
> Act?
>
>
> Clearly, if schools are able to sustain their choice to withhold  
> the data,
> students will face anomalies both between schools and within  
> schools, as to
> the level to which they may benefit from such feedback information in
> preparation for their formal exams.  It becomes possible for  
> students at
> one school to sit an exam having benefited from adjusting their  
> approach
> because they were offered  their coursework mark,  whereas other  
> students
> sitting exactly the same public exam may do so denied such benefit.
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