It is reported online that IELTS has been suspended on a large scale because of leaked questions? Is official technical failure considered force majeure? Lawyer interpretation

IELTS test scores are related to studying abroad and overseas employment. It is currently the application season for studying abroad, and test seats are in short supply. Yesterday, IELTS exams organized by the British Council were canceled across the country. To this day, the suspension of exams is still continuing. The exam customer service center stated that it is still unknown whether subsequent sessions can be held as scheduled, and further notice needs to be awaited. At the same time, online rumors point to leaked questions as the reason for the widespread suspension of exams, but the only official explanation currently given is still "technical failure", and there is no evidence for the leaked questions. The suspension of exams is still ongoing. What should candidates do in the face of losses?

Wu Yuan, a candidate in Guangzhou, recalled that on the 10th, the first thing that brought news of the suspension of the exam was not an on-site announcement, but a mobile phone text message. Candidates took the text messages to the staff for verification, but the answers they received were only paraphrases of the text messages.

Candidate Wu Yuan: They just read out the content of the text message and made it clear that the reason was Cambridge. They asked us to contact the phone number and email address in the text message and said that they were unable to take charge of related matters.

Some candidates told reporters that when the exam was suspended, the examiner had explained that British officials had sent information saying that the system was unable to enter the information of candidates in all examination venues in China. This was a large-scale technical failure, and the source pointed to the examination management system in the UK. At the same time, speculations are also circulating on the Internet pointing to leaks. At the end of August this year, IELTS caused widespread discussion due to suspected test question leaks. At that time, many candidates reported that the reading test was temporarily changed to a spare paper. Judging from public information about the suspension of the exam, technical failure is still the only explanation given by the official, and there is no evidence that the question was leaked.

The reporter contacted the British Council Examination Customer Service Center last night (11th) regarding the progress of the suspension of exams. The staff said that this technical problem may affect the exams after the 13th, and it is still unknown whether subsequent sessions can be held as scheduled.

Staff at the British Council Examination Customer Service Center: The exam tomorrow (12th) is also cancelled. It may or may not be held the day after tomorrow (13th). We still have to wait for notification. Notifications will be provided through the WeChat mini program and the official website. You can call us again after 9 a.m. tomorrow (12th).

For candidates, what is more urgent is how to solve the problem in the future and what kind of plan the organizer can give. Examination opportunities are not always available, and the time and travel costs of candidates from other places have already been incurred.

Candidate Wu Yuan: Whatever the reason, the impact has been real. The most urgent thing for everyone now is to find a solution, such as reimbursement of expenses and compensation. The exam is not taken every day. There are some days in between that are not open normally. It may be that the staff are on vacation. Can these days be opened up and we can be included?

Staff at the British Council's customer service center revealed that the association is discussing with relevant departments the possibility of increasing exam positions, but it will take time to coordinate resources. If additional test seats are added, they will be announced through the registration website, IELTS WeChat official account and other channels; candidates can also pay attention to the small number of test seats released at 10 a.m. and 8 p.m. every day, and refresh the registration page at these two times.

Staff at the British Council Examination Customer Service Center: Currently only exam fees can be refunded, but accommodation and transportation expenses cannot be reimbursed. If you increase the number of exam seats and exams, I can help you report it to us to see if it can be reopened, but I can’t guarantee it. We are also waiting for the official solution. We will notify you as soon as there is any news. Please wait patiently.

In the public terms of the "Test Cancellation, Refund and Transfer Policy" published on the IELTS global official website, typical force majeure situations such as extreme weather, natural disasters, and epidemics are listed, and special circumstances such as technical failures and venue environmental problems are further explained. This time, the same refund or transfer processing standards as in the case of "force majeure" will be implemented. Is this approach reasonable?

Sun Lin, a member of the two-level foreign-related lawyer talent pool in Guangdong Province and Shenzhen City, pointed out that the technical failure of the British official system falls within the scope of the organizer’s internal management and technical maintenance and does not constitute force majeure in the legal sense. As a professional service provider, the organizer is responsible for the attention and management of the stability and redundancy of its IT system, and therefore cannot be exempted from liability for breach of contract. Even if there is a relevant statement in the disclosure terms, there will be no exception.

Sun Lin: Although IELTS officials allow candidates to tacitly agree that this is a force majeure clause when registering, the exam is held in mainland China and must apply and refer to my country's Civil Code. The Civil Code clearly stipulates that contractual agreements cannot exceed legal provisions. IELTS officials believe that this is force majeure and cannot be established. Moreover, candidates who live in other places will suffer greater losses and can mainly claim compensation for travel expenses such as air tickets, hotels, and taxis.

Sun Lin further analyzed that candidates can claim rights from three aspects: First, if they miss the school application deadline, see if a certificate can be issued to the university they are applying for, indicating that they were unable to take the exam due to an IELTS malfunction, and try to delay the submission of language scores. Second, make appropriate compensation through expense refunds. Third, many people are in a hurry to see if we can increase the number of exam seats and arrange a make-up exam for everyone free of charge.