BRIDGETOWN, Barbados (CMC) — The Group of Concerned Parents of Barbados (GCPB) has expressed its disappointment at the ruling by the High Court on Wednesday to strike down a claim by students who were seeking judicial review of the process of the 2020 Caribbean Examinations Council (CXC) exams and the format for this year’s exams.

Madam Justice Michelle Weekes said the students had no legal standing to request the judicial review since CXC is immune to any form of legal processes in Barbados, as certified by the country’s minister of Foreign Affairs and Foreign Trade.

She added that CXC qualifies as an inter-governmental organisation and is not an authority of the government of Barbados. The lawyers representing the students have since indicated that an appeal would be filed.

“We had certainly hoped that the instant matter could have been resolved in a non-contentious and non-litigious manner in the best interests of our students,” the GCPB said in a statement.

“Regrettably, the intractability of certain actors made that impossible. The courts thus represent a bulwark to safeguard the citizens’ rights and we have pursued that avenue as a means of recourse,” the parents said in their statement, adding that it is important to note that the decision centred primarily on procedural issues related to institutional immunity inter alia and not broadly, the substance of the case.

“One wonders why an examination body requires protection from the law courts. The implications regarding accountability of our Caricom (Caribbean Community) institutions which have been established to represent the best interests of the people of Caricom are profoundly disturbing,” the group said.

The GCPB said that the ruling was particularly disappointing because it has been handed down nine months and a day since the release of the 2020 CXC results which precipitated this crisis and less than a week before the commencement of this year’s examinations. 

“Not only have we not resolved last year’s tragedy but faith in examinations this year has been further weakened.

“Our legal representatives are best placed to speak to our next steps, but we remain resolutely committed to ensuring that fairness and justice are the cornerstone of examinations and assessment in our region and will continue to pursue constitutional avenues to redress our legitimate grievances,” the group contended.

“We are privileged that our legal counsel has recognized the current and future implications of Caricom and CXC’s treatment of our children during the two academic years of this pandemic and are representing these students’ interests pro bono,” the GCPB added.

The students had gone to court seeking several declarations and actions. They wanted the High Court to declare that the examination process and means of assessment for the academic year 2020-21 in relation to the Caribbean Advanced Proficiency Examination (CAPE) and Caribbean Secondary Education Certificate (CSEC) examinations implemented on May 26, 2021 and endorsed by the ministry of education is irrational, unreasonable and therefore unlawful.

They also sought a declaration that the examination and assessment process implemented in relation to the students by the CXC for both CAPE and CSEC level tests for the 2019-2020 academic year was irrational and unreasonable and therefore unlawful.

Further, the claimants wanted an injunction restraining the council from administering the 2021 examinations as proposed and an order mandating that the CXC review and amend the assessment process for the 2021 examinations prior to administering them.