Home Office admits ‘significant mistakes and misjudgements’ made in English language test scandal

There was a risk that some innocent people might be caught up in operation but that risk was ‘numerically very small’, permanent secretary admits

Almost 34,000 students were accused of cheating in an English language test in 2015, and with no proper right to challenge the decision, told their studies had been terminated and that they had no right to stay in the UK (PA)

Home Office officials have accepted that “significant mistakes and misjudgements” were made in relation to foreign students wrongly accused of cheating in English language tests.

Almost 34,000 students were accused of this in 2015 and, with no proper right to challenge the decision, their studies were terminated.

They were then told they had no right to stay in the UK.

Some were detained in removal centres, lost their jobs and were left homeless as a result, even though they were in the UK legally.

Others remained and tried to clear their names, fearing their reputations at home would be destroyed at home and they would be barred from jobs.

Sir Philip Rutnam, permanent secretary for the Home Office, has now admitted “real concern” that “hundreds of innocent individuals, possibly more” are continuing to maintain their innocence after being erroneously caught in an operation.

He told the Public Accounts Committee that the Home Office was “paying close attention” to the issue and that Sajid Javid, the home secretary, was expected to make a statement on the issue before recess – almost two months after he pledged to do so.

Asked by Labour MP Shabana Mahmood whether the department had been aware of the risk that people could be wrongly accused, Sir Philip said: “We’ve recognised throughout there is a risk that some innocent people might be caught up in this but that the risk is numerically very small.”

He claimed those accused were able to challenge the decision made by the department through the courts and that it was “for the individual to demonstrate their innocence”.

In response, Ms Mahmood said: “The risk might have been small, but we are talking about human beings here, and the impact even if on a small number of people isn’t just a little bit bad but it’s pretty catastrophic. It’s not just really concerning, it’s shameful.”

She added: “Do you know how much it costs to go to court? They’re not all the children of billionaires or multimillionaires who have come to study in this country and put money into the coffers of our colleges and universities.”

A National Audit Office report released in May revealed that 2,468 people had been forcibly removed from the UK as a result of the scandal and that the number was continuing to rise.

A total of 4,157 people accused of cheating had been granted leave to remain, with hundreds more still fighting legal battles, it stated.

Raising concerns about the government’s course of action against the students, it said some of those affected might have been “branded as cheats, lost their course fees, and been removed from the UK without being guilty of cheating or [being given] adequate opportunity to clear their names”.