News: Contract Law
Business contract law: inquiry implicates QCA
16 December 2008
A failure to manage the contract effectively is among the problems which led to the Sats marking problems earlier this year, a watchdog claims.
The independent inquiry, which was headed by Lord Sutherland, was set up to look into the incident found the Qualifications and Curriculum Authority (QCA) had inadequately handled the business contract law behind its arrangement with external marker ETS Europe.
Earlier this year, the results of the summer's exams were not returned to 1.2 million children after the US firm subcontracted to do the task failed to assess the test scripts on time.
The Sutherland Inquiry primarily found ETS at fault for its breach of contract, but also implicated the QCA in the matter.
According to the report: "[It] failed to deliver its remit from government and did not manage the contract it held with ETS effectively."
In its response to the inquiry, watchdog Ofqual stated that it shows the areas where improvements need to be made "and lessons need to be learnt", which could include more comprehensive business contract law training.
