30 Apr 2024
Although the current focus is understandably upon the forthcoming exam series, senior leaders (with responsibility for examinations within their centre) and exams officers must also ensure that they are aware of the external regulations and internal arrangements relating to the sharing of examination results. This includes:
- when and how candidates are allowed to access their examination results
- who is allowed to collect/receive these results
- sharing information with third parties
- the rights of parents (or those who have parental responsibility) to have access to their child’s examination information/results
This information should be disseminated to students in good time, possibly ahead of the exam series, again during the exam series to serve as a reminder, and added to the centre’s website to allow students and parents to view this information as required up to results day(s).
The NAEO recommends that all exams officers ensure that they:
- Are aware of the JCQ regulations relating to, and the tasks which must be undertaken on, restricted release of results day(s). This will include the compilation of a list of key contact details at the relevant awarding bodies to resolve any issues relating to candidate’s results
- Have a process(es) in place to deal with candidates who want to access any of the post-results services
- Ensure that all candidates are aware of the arrangements for results day(s) including the collection of results and accessing academic and pastoral support if required
- Be prepared to deal with requests from candidates asking permission for a third party, such as a parent or grandparent, to collect their results.
- Liaise with relevant staff (senior leaders, pastoral staff etc.) to identify candidates with ‘non-resident’ parents, and confirm how requests for examination information/results will be dealt with from all parents
In preparation for results day(s), exams officers must be aware of the regulations around the sharing of candidate’s examination results. Exams officers should be familiar with the contents of JCQ’s Notice to Centres: Release of results - June 2024 examinations, and ensure that they do not share a candidate’s examination information/results with a third party until after the candidate has received their result.
Senior leaders should be aware of the guidance provided by the Information Commissioner’s Office (ICO) regarding the publishing of examination results to third parties – such as the media.
Although data protection regulations do not prevent the publishing of examination results, for example, in the local press, centres must ensure that they act fairly when publishing results and must take seriously any concerns raised by a candidate or, if applicable, their parent/carer. Schools should also explain how the information will be published, for example, if results will be listed alphabetically, or in grade order.
In general, centres do not need a candidate’s consent to publish examination results, however, candidates should be informed if a centre intends to make examination results public and how the information will be published, with consideration given that publication may sometimes cause distress or harm.
The NAEO recommends that centres acquire candidate approval before making examination results public and to always:
- consider any objection from a candidate before deciding to publish; and
- have a justifiable reason if they are to reject a candidate’s objection
When can examination results be issued to candidates?
JCQ’s Notice to Centres: Release of results - June 2024 examinations states that results can be released to candidates from the following times…and no earlier:
- 08:00 Thursday 15 August - GCE AS and A-level, FSMQ, Extended Project, Level 3 Vocational and Technical qualifications*
- 08:00 Thursday 22 August - GCSE, ELC, Foundation and Higher Projects, Level 1 and Level 2 Vocational and Technical qualifications*
* See the:
- AQA website for details of release of results for Level 1 and Level 2 Functional Skills qualifications
- OCR website for details of the release of results for Cambridge Technicals
- Pearson website for details of release of results for Level 1, Level 2 and Level 3 Vocational and Technical qualifications
JCQ regulations state that candidates must not receive results by e-mail, post or otherwise prior to 08:00. Any breach of these requirements will be considered as malpractice by an awarding body.
Are candidates permitted to nominate a representative (e.g. parents or grandparents) to collect results on their behalf?
Some candidates may be unable to collect their examination results in person due to a family holiday, or other circumstances which prevent them from attending the centre on results day.
This will be a particular issue for centres who only disseminate results manually and in hard copy. In such cases, a candidate may request that a representative collects their results on their behalf. This is permissible if a candidate makes such a request in writing/via email, clearly detailing the person who will be collecting their examination results. This individual should also bring a form of photographic identification when collecting the results.
Are centres permitted to share results information with candidates by email or telephone?
In centres where results are not disseminated electronically, absent candidates may request that results are sent to them via email or given over the telephone. However, such requests must be made in writing/via email, with confirmation of the email address/telephone number clearly stated to ensure that it is the candidate who receives their results and not any other person. It may also be necessary to create a unique password.
However, a centre may decide that examination results are not given over the telephone to mitigate the risk of candidates misunderstanding or misinterpreting the results information they have been given, or in the event of the candidate requiring pastoral support in reaction to their results.
When can results be issued to the local authority/media?
Results data must not be shared more widely with any individuals/organisations until after candidates have received their results.
Once candidates have received their results, centres are only permitted to release results data to Local Authorities or issue press releases/statements, or share more widely, after 09.30 on the appropriate date for the publication of results.
How does a centre deal with a request from parent asking for their child’s examination information/results?
Unless permission is given by the candidate stating otherwise, results must be released to the candidate before they are divulged to a third party.
With regard to parents/those with parental responsibility, such a request may be difficult to deal with – particularly when made by a non-resident parent.
If an exams officer receives a request from a parent regarding their child’s examination information/results, this should be forwarded and dealt with by the centre’s Data Protection Officer (DPO), senior leadership team or the head of centre for them to define what information and data – including examination results – can be shared with parents in line with data protection regulations, and to be aware of any personal/legal considerations which need to be considered in specific cases.
Non-resident parents
(Please note: The Department for Education (DfE) uses the terms ‘resident’ and ‘non-resident’ parent to distinguish between parents who do and do not live with a child)
The Department for Education defines a parent as a person who typically has care of a child or young person if the child lives with them either full or part time and they look after them, irrespective of what their biological or legal relationship is with the child.
It is the responsibility of senior leaders to be aware of the exams-related information which can be shared with a parent who is not the main day-to-day carer of the child and who may not be living with the child – also known as a ‘non-resident’ parent. Even though this parent may not be present on a day-to-day basis, they have parental rights and responsibilities.
‘Non-resident’ parents have the right to participate in decisions relating to their child's education. This is still the case where the centre's main contact is the person with whom the child lives on a day-to-day basis, or more regular, basis.
Unless there is a court order limiting an individual's exercise of parental responsibility, such as an order preventing the absent parent from having contact with the child, the centre must treat all parents equally. Those with parental responsibility have the power to make important decisions that affect their child's upbringing. Consequently, they are entitled to information about their child, such as pupil reports and examination results, and to be informed about meetings involving the child, for example, a governors' meeting on the child's exclusion.
The Department for Education – student rights and parental responsibility
The Department for Education has provided guidance over who has parental responsibility.
The ability of young people to understand and exercise their rights is likely to develop or become more sophisticated as they get older. As a general guide, a child of 12 or 13 (the ICO states ’12 or older’ whilst the DfE quotes ‘from the age of 13’ based upon GDPR principles), is expected to be mature enough to understand the request they are making. As children mature at different ages, centres should consider requests on a case-by-case basis.
They may differ on the age of ‘consent’, but both the DfE and the ICO agree that a child assumes control over their personal information from a certain age and can therefore provide consent and restrict access to their information.
Although the General Data Protection Regulations 2018 (GDPR) and the Data Protection Act 2018 (the DPA 2018) does not specify an age when a child can make decisions relating to their exam results, or request that they are not published, it does support the position that when a child makes a request, those responsible for responding should take into account whether the child wants their parent (or someone with parental responsibility for them) to be involved and whether the child properly understands what is involved
However, even if a child does not wish to give their parents access to their information, parents are entitled to request access to, or a copy of, their child's educational record as part of their entitlement as someone with parental responsibility. This entitlement applies until the child reaches the age of 18. The exception to this rule applies to information that the school could not lawfully disclose to the child themselves under the GDPR and to which the child would have no right of access (see regulation 5, The Education (Pupil Information) (England) Regulations 2005 (SI 2005/1437).
The following example is given in DfE guidance (1):
A non-resident parent who has limited contact with their child contacts their school to find out how well they did in their exams. The child and the resident parent do not wish to share that information, and notify the school of this. The school refuses to release the information on the basis that the child is old enough to control access. It has therefore breached education law by failing to provide information to which the non-resident parent is entitled.
This confirms that any requests for examination information from an individual with parental responsibility – either a ‘resident’ or ‘non-resident’ parent – must be met.
Informing non-resident parents
DfE guidance (1) states:
If a school does not know the whereabouts of a non-resident parent, it should make the resident parent aware that the other parent is entitled to be involved in their child’s education and request that information is passed on.
If the resident parent refuses either to share information with the non-resident parent or to provide their contact details, if they have them, so the school can deal with them direct, the school can do nothing more. If the non-resident parent subsequently contacts the school and requests access to information, the school should provide it to that parent direct, after taking reasonable steps to satisfy itself that the individual is, in fact, the child’s parent.
A school does not need to seek the consent of a resident parent before recording the contact details of the non-resident parent or sending them their child’s educational information. It does not need to ask for a solicitor’s letter from a non-resident parent as evidence that they are entitled to access this information. No court order is required before providing statutory information to any parent entitled to receive it.
Conclusion
Exams officers and senior leaders must be aware of the regulations governing the sharing of examination results.
It is imperative that centres follow JCQ guidelines when disseminating examination results and that candidates are made aware of how and when they will be receiving their results, and the support which will be available to them following the release of their results.
All relevant information must be provided to candidates prior to the issue of results to allow for any issues to be dealt with. These may be as simple as a candidate absence on results day, or a more complex issue such as a non-resident parent demanding to see their child’s results which may need discussion with several parties before a resolution is found.
In complex cases, senior leaders must take the lead, ensuring that they are aware of the guidance provided by the Department for Education and the Information Commissioner’s Office – it is not the responsibility of the exams officer to deal with such requests. A failure to identify complex issues at this stage may make it difficult to deal with such issues if they are identified at the time results are issued.
The NAEO recommends the following five steps which exams officers should take prior to the start of an examination series/results day(s) to pre-empt any issues:
- Meet with your line manager to confirm understanding of the centre policy regarding the sharing of examination results – and that this is in line with regulations. This policy should clearly outline how and when examination results will be shared with those with parental responsibility, including non-resident parents, and with third parties
(An example: Where access to, or a copy of, a candidate’s examination results is requested by a non-resident parent, these will be shared within X working days of receiving the request and after confirmation that results have been issued to the candidate, etc.)
- Confirm there is a process in place that ensures all relevant members of staff are clear on the guidance regarding the sharing of examination results information with those with parental responsibility (resident and non-resident parents, etc.) and other third parties
- Ensure that an appropriate member of staff (for example, head of year/head of sixth form, etc.) has informed candidates and parents/carers of the centre policy regarding the sharing of examination results ahead of the examination series/results day(s)
- In situations where there is a non-resident parent, confirm that contact has been made with all candidates and resident parents and that they are aware of the centre policy
- Communicate the centre policy via the centre’s website/newsletter/parents’ evenings, etc. to candidates and parents/carers
Footnote
For more information please visit the ICO and DfE websites.
(1) Source: Guidance - Understanding and dealing with issues relating to parental responsibility. Updated 24 August 2023. This guidance applies to maintained schools – including sixth form and nursery year groups; maintained nursery schools; academies and free schools – including sixth form and nursery year groups