TOEIC English Language Tests

Stephen Timms Excerpts

Wednesday 9th February 2022 Commons Chamber

[Stephen Timms (East Ham) (Lab)]

(Urgent Question): To ask the Home Secretary to make a statement about reports of failings in the test of English for international communication, or TOEIC, language tests in 2012.

[The Parliamentary Under-Secretary of State for the Home Department (Kevin Foster)]

I am aware that BBC “Newsnight” is tonight examining the Home Office’s response to systemic fraud that took place in the teaching of English international communication exams prior to 2014. In 2014, the BBC’s “Panorama” programme uncovered examples of organised fraud on a significant scale taking place during TOEIC exams, as they are known, which were at the time required under immigration rules for student and other visas. The Home Office’s subsequent investigation into the abuse of English language testing revealed systemic cheating that was indicative of significant organised fraud. Ministers and Parliament were clear at the time that they expected a robust and speedy response. As such, the Government took a number of steps to fix the broken student visa system that operated before 2014 and to prevent such abuse from happening again.

The actions taken included stopping more than 1,000 colleges bringing bogus or low-quality students into the country who intended to work, not study. Given the scale of the fraud, it is impossible to say that nobody was wrongly affected and a number of appeals have succeeded. However, we continue to believe that there was a large-scale problem with cheating, as the BBC uncovered. Individuals affected have always had the right to challenge Home Office decisions through appeal or judicial review. Many have done that and it is important to note that the courts, up to the Court of Appeal, have consistently found that the evidence of invalid cases was enough for the Home Office to take the action it did.

However, as the Home Secretary set out to the Home Affairs Committee on 2 February and as the right hon. Member for East Ham (Stephen Timms) will be aware, the upper tribunal presidential panel is currently considering the case known RK/DK, which involves many of the issues raised by the BBC in relation to ETS TOIEC. The determination in that case will have a critical bearing on the Home Office’s future approach to ETS TOIEC-related cases, so it would be inappropriate to comment directly on the BBC’s findings ahead of that determination. I can confirm, though, that we will announce the next steps once we have received and considered the judgment.

[Stephen Timms]

In 2011, the Home Office gave a licence to the US firm ETS to operate its TOIEC English language test to establish whether overseas students could speak English well enough to study in the UK. Nearly 60,000 students took the test over three years but, as the Minister said, in 2014 “Panorama” exposed cheating at a number of TOIEC test centres and the ETS licence was withdrawn.

In response, ETS promised to analyse its recordings of all the students who had taken the test. Having done that, ETS told the Home Office later in 2014 that 96.5% of the students had either definitely or probably cheated. The Home Office seems to have failed to ask even the most basic questions about that absurd claim, now discredited, and it went ahead and cancelled the visas of more than 30,000 students. Contrary to what the Minister said, no appeal was available other than for students to go back to their home countries and then appeal, but in reality there was no provision there to make an appeal. Thousands of innocent students had their futures destroyed.

This morning, the original “Panorama” team has reported that ETS knew about the cheating well before the “Panorama” programme but did nothing because it wanted to keep the revenue. The BBC has also reported that the Home Office was told in 2012 by ETS whistleblowers but, instead of cancelling the licence then, allowed ETS to carry on for another two years. Thousands of innocent students were dragged into disaster as a result. Home Office failings have wrecked the lives of thousands of innocent people.

The Home Secretary told the Home Affairs Committee a year ago that too many people had been hurt and that a resolution was needed, but there has been no progress since. Will the Minister now come forward with a straightforward mechanism, as promised by the previous Home Secretary two and half years ago, to enable innocent students to clear their names and rebuild their lives?

[Kevin Foster]

As I have already touched on, I will not be commenting more widely on some of the matters that are currently sub judice, but I point out again that the scale of cheating exposed at the time was endemic. It is a rather bizarre argument that we should have gone earlier and harder on this issue. I made it clear in my statement that the courts up to the Court of Appeal have consistently found that there was enough evidence of invalid cases for the Home Office to take the action it took.

As I pointed out, there are opportunities for appeals. Those who have been here for some time may well be able to make claims based on their private life or human rights claims that would allow them to secure status in this country.

At the core of all this is the need to reflect on what has happened over the past 10 years in respect of what was previously the tier 4 route and is now the student route. We have reformed a system that was wide open to abuse and that brought the name of our education sector into disrepute. We have created a new system, particularly in respect of the new student visa, that works for students and education providers and, crucially, in respect of the Home Office balancing the need for compliance with the wish to facilitate the ambitions of hundreds of thousands of people who wish to study at our world-leading institutions. The student visa system is a world away from where it was in the past.

Finally, I should point out that 20 people have been convicted for their role in the systemic and organised cheating in English tests. That speaks strongly to the actions we took. As I said, there continues to be a process through the courts for those who wish to challenge the decision in their own cases. As the right hon. Gentleman knows, we encourage the courts to make a determination if there is an allegation of dishonesty in relation to TOIEC. As I said, when the final judgment comes from the panel, we will respond more fully.