http://www.middleages.co.uk

Disputes in British Universities

Just as with similar sites (like Ryanair, for example), I need to point out that this Web site does not offer advice or seek to elicit money. It only gives individual observations and experiences relating to British (and Irish) Universities which may be of interest to others.




Standard request : In order to get more people to hear about this site, it is essential that the URL is listed as a link on other websites and message boards - so if mentioning the site, please post the URL as well.





I have received this email from a journalist. If anyone can help, please contact me (details at bottom of this page)

Dear Brian,
I'm a freelance journalist from Berlin, Germany, who recently came across the Francis Foecke case. I'd like to write an article on the whole saga for publication in a German news magazine. Having researched the web, I was under the impression that his case at the European Court of Human Rights was still pending (there doesn't seem to be any info on the court's homepage as to a ruling). Would you have any details as to why it failed and when? And could you provide contact details of Mr Foecke's? I've unsucessfully tried the BT phone directory as well as some others.

Any help would be much appreciated.


In November 2006, the BBC program 'More or Less' carried a feature on "Multiplre Choice" questions of the type common in British exams whereby you have to match up items from two columns. The identified problem was that if, just by way of example, you had four options to match up, then you could never get 3 out of 4 correct - you could only get 4 out of 4 or 2 out 4. The BBC were not impressed with the reply they received from the examination board AQA.

Dear Mr Daugherty,

Here's the statement from the AQA that we carried on the programme yesterday. We were sincere in our request for comments, principally because we don't see how the answer from AQA addresses the specfic problem identified by our listener, namely that two candidates of equal ability - at the 75 per cent level - can score differently. AQA seems to be saying here that it doesn't matter that you can score 100 per cent by knowing only 75 per cent of the answers, since the last two questions could be scored as one mark only. Fine - as far as it goes. However, that's no solution if some people at the 75 per cent level score 100 per cent and some score 50 - there will still be a false difference between their scores.

Best wishes, Michael Blastland.

(The Statement from AQA)          

The argument that there is a mismatch between ability and marks is based on the false assumption that...  the difference between scores tells us something about the difference between candidates of a different ability.

The number of marks awarded on a particular question cannot be interpreted on a linear scale of ability. Thus scoring 1 mark on one question may imply greater ability than scoring 4 marks on another question.

AQA uses Item Response Theory models to ensure that the mark scales they use do indeed represent coherent measures of ability and are satisfied that these question types contribute positively to these measures. The fact that you cannot score 3 marks on these questions is irrelevant as the difference in ability implied between scores of 2 and 4 may well be less, for example, than that which exists between 0 and 1.    



Most British Universities have accountability systems which could correctly be described as palm-tree justice - "cheap, nasty and quick" in the words of an Australian critic who was attacking the remnants of the British "accountability" system in Australian Universities. (Comparatively speaking, the former polytechnics had a much more satisfactory system, under the CNAA, but these have possibly been to a certain extent, if not largely, abandoned as these new Universities attempt to remove their accountability)



In general, British Universities have three levels of "Mickey-Mouse" accountability
  1. University departments are immediately accountable to an external examiner. Unfortunately, external examiners are appointed by the very same departments they are supposed to be supervising. Presumably, it would be likely that the external examiner and members of the department are already known to each other, either from conferences, or guest seminars, and the like, and are possibly likely to have a very cosy relationship.

    • Sea Empress It reminds me a lot of the way that owners of oil tankers are able to choose which country to register their ships in. At places like Newcastle University the identity of the External Examiner is kept an absolute secret.


  2. It is not unnatural to expect that any major grievance about exam results would be dealt with in the usual way i.e. before some hearing carried out in the accepted manner, with experts to represent students, cross-questioning allowed etc. (as per the standard model offered by the judiciary of this country). This is not the way most British Universities operate - it varies from University to University.

      At Newcastle, the sole method in which a student can express a grievance is to write a letter to the Dean of Faculty, who then deals with it, in secret, without any further communication with the student.

  3. The only other action you can take is to appeal to the University's Visitor. To quote The Guardian : 'For students caught up in the Byzantine process of making a complaint about their university, the "visitor" system may seem Dickensian. In fact it's not that modern'.

    For the last few years, there has been an ongoing campaign to get rid of the Visitor, boosted by the European Human Rights Act. The Government even said at one stage that it was goiing to abolish the post, but this does not seem to have been fully achieved yet.


Since 2004, there has been some seeming improvement with the introduction of a University Ombudsman - the Office of the Independent Adjudicator for Higher Education. . I would like to hear any experiences of this new body. However, I can state that it is not obligatory for Universities to subject themselves to this Ombudsman - I know students at Newcastle University are unable to appeal to the Ombudsman. This appears to have been modified such that all Universities now seem to be bound to allow students to appeal to this body. But there seems to be some technicality whereby the Visitor at a University could override any decision.

Here is a particular opinion offered on the nature of the Ombudsman.

One additional point - the word "lecturer" is a misnomer in this context. Lecturers are actually employed purely for their research activity. Their promotion prospects etc. rely purely on their research activities - their ability, or lack, of it in teaching is totally irrelevant. All in all, by the application of Murphy's Law, a total recipe for disaster, if ever there was one.



What needs to be done is fairly clear
Abolition of the External Examiner system. Steps in this general direction were proposed in the Labor Party proposals when they were in opposition. We all know that this is a different thing from actual implementation by a Labor Government but at least the subject is in the air, it is not just an unrealizable idealization.
The institution of a Watchdog for the Universities. Since Watchdogs already exist for many areas such as Gas, Electric, Telecommunications etc.etc., it would be no great innovation to set up such a body for the Universities. In fact, Universities are notable for being about the only public bodies immune from this type of accountability (as already mentioned we are awaiting how recent developments in this field turn out).
And along the way, institute an appeal structure that bore more of a resemblance to the standard model set by the British Legal System.



"..If no-one turned up to lectures, then the lecturers still got paid... In the first lecture, Tolkien mumbled a lot, but ostensibly talked about narrative. Two of us turned up for the second lecture. When Tolkien arrived, he had an angry expression on his face, as though angered by the fact that anyone had still turned for his lecture. For the rest of the course, he spent most of the time with his head turned to the blackboard, and mumbling."



News

Francis Foecke case goes before the European Court of Human Rights, but fails

June 2000 - the Government announces that the University Visitor is to be abolished

March 2003 - Kevin Wilkinson resumes his court case against Aston University. 'Mr Wilkinson's lawyer will argue that the Visitor is outdated, lacks independence and transparency and sufficient expertise'

Message - Was unsuccessful (no surprise!) but with permission to appeal. We are now bringing in a QC, Cherie Booth ! I think the solicitor is going for Human Rights Act, 6, fair hearing. The defence said if you request an open hearing with the visitor then he will grant it but this is not the case and we can prove it. Any help/advice you have on this would be much appreciated.

Article from 15 May 2003

Article from 14 May 2003

OIA - the Office of the Independent Adjudicator for Higher Education has been active since March 2004, and would welcome any experiences of dealing with this body.

Andy Terry receives judgement from Privy Council against Keele University. See THES article from 25 November 2005- Privy Council overturns ruling by complaints ombudsman




"I'm using my brain so they can sit in the bar and use whatever faculty they want," explains a lady who runs a highly lucrative business from her home in north London, selling pre-written and customised essays to students. This documentary on academic plagiarism, presented and produced by Hugh Levinson, is both enlightening and depressing: the ease with which any student can copy and paste or order an essay from the internet is matched by the apparent reluctance of British universities and colleges to stamp it out. There is increasing pressure put upon tutors not to fail students because if statistics show a particular course has a high rate of pupils failing to complete then would-be students will not apply. It is only in cases of blatant plagiarism that penalties are imposed. And cheating does not come cheap: Levinson puts three companies selling essays to the test and has them marked by academics. They cost £135, £150 and £205, and the highest mark achieved is a 2:2. His conclusion is that most students don't cheat but that their work is being cheapened by those who do.


Links

  • OIA - the Office of the Independent Adjudicator for Higher Education. Active since March 2004, and would welcome any experiences of dealing with this body.

  • Council for Academic Freedom and Standards CAFAS faces the fact that the British educational system is decaying. The Council will not collaborate with the pretence that this is not happening nor will it compromise on the right to say so. The principle of academic freedom enshrined in the Education Reform Act (1988) - that "academic staff have freedom within the law to question and test received wisdom and put forward new ideas and controversial or unpopular opinions without placing themselves in jeopardy of losing their jobs" - is increasingly under attack, particularly when staff expose instances of corruption and shoddy standards.

  • National Postgraduate Committee

  • Gill Solicitors who specialize in Education law.

  • University Visitor

  • Edexhell : Site on the Edexcel Exam Board

  • UK Education in Chaos : A-Level Problems

  • June 2001 : A-Level Controversy - Cheating etc.

  • Information on the case of the ex-headmaster of Dulwich Preparatory School, Robin Peverett, who was found guilty of sexually abusing his pupils, but was only given a suspended sentence. His victims were not called to give witness in court, and the judge explained his award of a non-custodial sentence by pointing to the character references Peverett had received, as well as to the fact that Peverett has an OBE.

    If this person can get away with crimes of this order because he is considered "respectable", consider how much more difficult it is for other members of the education profession to be called to account for sloppy educational standards.

  • BBC Report on allegations of a drop in standards in British Universities

  • Transcript of BBC Report mentioned in previous item.

  • Deepcut and beyond reports on another area of non-accountability in Britain - the Armed Forces. The name 'Deepcut' refers to the base where four young trainees died under 'mysterious' circumstances, but the Police are not allowed to carry out proper investigations.

  • Deepcut another site, again giving an indication of the allegations that can arise without the authorities being concerned that anything untoward has been happening.

  • Details on an absolute classic of self-investigation and non-accountability - the Shipman Case" detailing how the BMA closed ranks in response to accusations of irregularities and thereby let a doctor murder over 200 people, before someone decided that something was wrong.


Contact


Email If you have questions or comments about this page, please email me.

Post Brian Daugherty, 55 Victoria Road North, Portsmouth, PO5 1RU, Britain

If you would like a link inserted, or if you would like me to insert details of your grievance directly on this site, I would be happy to do so. Whether you are right or wrong is not really of relevance to me - what is probably more likely is that you will not have been given a fair hearing, and that's all that counts. But if you want to follow the latter course, I would prefer if your information was "joined up" and rational, and submitted to me in electronic form.