Commons Sense

House of Commons · Ministerial Statement

TOEIC English Language Tests

09 February 2022 · 11 other contributors

Opened by Kevin Foster Con Constituency

ImmigrationStandards & Ethics

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Kevin Foster raised concerns about toeic english language tests in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Government actions were taken in response to BBC's 'Panorama' programme findings on TOEIC exam fraud before 2014
  • Over 1,000 colleges were prevented from bringing low-quality students into the UK for non-study purposes
  • Licences and visas for more than 30,000 students were cancelled due to the investigation findings

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

Kevin Foster

In response to the BBC's 'Panorama' programme in 2014, which uncovered significant systemic fraud during TOEIC exams required for student and other visas before 2014, the Government took several actions. These included stopping more than 1,000 colleges from bringing low-quality students into the country to work instead of study. The Home Office's investigation revealed large-scale cheating indicative of organised fraud, leading to the cancellation of licences and visas for over 30,000 students. Individuals affected have had opportunities to challenge Home Office decisions through appeal or judicial review; many appeals were successful. However, the minister emphasised that it is inappropriate to comment directly on the BBC’s findings ahead of a critical upper tribunal presidential panel determination in the RK/DK case. Once this judgment has been received and considered, further steps will be announced.

Other contributors (11)
  • Stephen Timms Lab East Ham

    Question

    In 2011, ETS was given a licence by the Home Office to operate TOIEC English language tests for overseas students. In 2014, ‘Panorama’ exposed cheating at numerous test centres and the licence was withdrawn. Despite ETS's admission that 96.5% of test-takers had cheated, no appeals were available other than those requiring individuals to return home first. Home Office failures wrecked many innocent people’s lives.

    Minister reply

    The minister pointed out that the scale of cheating was endemic and criticised the argument that stronger action should have been taken earlier. He highlighted that courts up to the Court of Appeal have consistently found sufficient evidence for invalid cases, allowing students opportunities through appeals and human rights claims. The new student visa system now balances compliance with facilitating studies at world-leading institutions. Finally, he noted that 20 people have been convicted for their roles in systematic cheating and encouraged the panel's determination before responding further.

  • Stephen Kinnock Lab Aberavon Maesteg

    Question

    Kinnock highlighted the moral vacuum at the heart of the Conservative Government and criticised the Home Office for its handling of ETS’s failings. He demanded an explanation for why the Home Office allowed a discredited ETS to manage the initial investigation in 2014, questioned the reliability of ETS's data, and asked about future reliance on ETS's claims. Kinnock also raised concerns over forced legal battles rather than internal resolution.

    Minister reply

    Kevin Foster welcomed Kinnock to his role but noted that Labour set up a flawed tier 4 system initially. He stated that the Home Office awaits tribunal determination and will not speculate until then.

  • Stuart McDonald

    Question

    McDonald praised Migrant Voice, immigration lawyers, and students for their resilience against injustices. He criticised ETS's role in judging student cases without due process or evidence review opportunities for students. McDonald demanded a fair and independent mechanism to fix the issue, as well as compensation for affected students.

    Minister reply

    Foster highlighted lessons learned from transforming the student visa system and ensuring high standards are met. He emphasised waiting for tribunal determination before announcing next steps.

  • Lyn Brown

    Question

    Brown shared a constituent's story of being detained, losing work rights, and facing bankruptcy due to legal costs. She called for a process to end the scandal and clear names while demanding compensation.

    Minister reply

    Foster reiterated that once the tribunal determination is available, the Home Office will set out its next steps. He noted that guidance has been changed to clarify private or family life status applications.

  • Alistair Carmichael Lib Dem Orkney and Shetland

    Question

    Carmichael questioned whether the Home Office’s answers will still look robust when returning to this issue, suggesting an independent review to restore trust. He asked if it was better to bring in someone impartial.

    Minister reply

    Foster acknowledged past support from Carmichael's party during coalition government times. He emphasised that courts are encouraged to make determinations and noted the Home Office is awaiting tribunal determination.

  • Chris Matheson

    Question

    Matheson shared a case of a constituent who was incorrectly flagged as having cheated in an ETS centre, leading to subsequent application blocks. He urged the Minister to clear previous applications for those involved.

    Minister reply

    Foster stated that guidance has been amended concerning private and family life rights, and allegations about TOEIC do not block future applications unless there is other evidence of criminality or dishonesty.

  • Alison Thewliss SNP Glasgow Central

    Question

    I have constituents affected by the TOEIC scandal and paragraph 322(5) highly-skilled migrants scandal. Both involve accusations of poor character or cheating, causing significant distress. Will the Minister review their cases and apologise for the hardship they've faced?

    Minister reply

    The Minister is willing to look at individual cases but it's not appropriate to discuss them in the House. He emphasises that today’s immigration system differs from eight years ago due to reforms. HMRC data are rightly used now, with further steps pending a tribunal determination.

  • Ruth Cadbury Lab Brentford and Isleworth

    Question

    My constituents affected by the TOEIC scandal include tier 4 migrants who brought skills needed in this country and students denied opportunities due to the scandal. Some gave up their studies or started over, causing significant financial burden. Will the Government consider allowing them to take further English tests?

    Minister reply

    While tempting to suggest taking a further test, given that someone has lived in the UK for eight years, it is likely their English proficiency has improved since the original test. The Minister outlines why they shut down over 1,000 bogus colleges and now have an effective student route.

  • Martyn Day

    Question

    Many innocent victims were condemned to hardship due to unreliable evidence in the TOEIC scandal, unable to work or study. What mechanism can be offered to help them without further financial burden?

    Minister reply

    People can appeal through courts and many are getting determinations based on their private and family lives. Courts have upheld that the approach was appropriate given the systemic cheating evidence. The Minister awaits a latest determination from the upper tribunal presidential panel before considering next steps.

  • Alex Sobel Lab Co-op Leeds Central and Headingley

    Question

    High-quality English language schools in my constituency have former students in limbo due to this scandal, suffering ongoing effects. Would it not be better to review all these cases for justice?

    Minister reply

    The system now is robust with strong English language tuition and higher education institutions sponsoring under the student route. People can apply through private life applications if they are here but the Minister suggests waiting for a tribunal determination before announcing further steps.

Shadow Comment

Stephen Timms

In 2011, ETS was given a licence to operate TOIEC English language tests for overseas students, but in 2014 ‘Panorama’ exposed cheating and the ETS licence was withdrawn. Despite ETS's later admission that 96.5% of test-takers had cheated, no appeals were available other than those requiring individuals to return home first. The Home Office failed to act on whistleblowers' reports in 2012, allowing ETS to continue operations until 2014 and affecting thousands of innocent students. The Home Secretary acknowledged the need for resolution last year but there has been no progress since then. Stephen Timms called for a straightforward mechanism to allow these individuals to clear their names and rebuild their lives.

Get updates like this by email
▸ Assessment & feedback
Summary accuracy