Legal vulnerability of assessment tools

Abstract

Legal challenges relating to assessment results are increasing around the world. Until recently such challenges were not possible in the UK. With changes to the law, including the Human Rights Act, it is now possible for an Examining Body to have its assessment process challenged. Defending an assessment tool is potentially easy but not being prepared could lead to embarrassing defeat, with significant costs and damages to pay. Judgement may be made as to what constitutes appropriate methods of evaluating and the levels that assessments must attain. There are more questions than answers as to what will happen and who will be the true beneficiaries of potential and real challenges.