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Essay-writing services to be made illegal in England

22 February 2022 | Applicable law: England and Wales

Essay-writing services, known as essay mills, are to be made illegal under plans announced by the government on 5 October 2021.

The government intends to make it a criminal offence to provide, arrange, or advertise any essay-writing services for financial gain to students taking a qualification at any institution in England providing post-16 education, including universities.

The move follows a number of steps already taken by the government to protect academic integrity from the effect of essay mills. In 2018, 46 university vice-chancellors wrote a joint letter calling for essay-writing services to banned, and the government worked with the Quality Assurance Agency for Higher Education, Universities UK and the National Union of Students to produce guidance on how institutions could counter the threat of contract cheating, and for students to make them better aware of the consequences (which might include removal from their course of study or expulsion from their place of study). The latest efforts to outlaw essay mills and other ‘contract cheating’ has been welcomed by members of all parties and across the education industry, and hailed as safeguarding the academic integrity and standards of post-16 and higher education in England as well as protecting young people during their studies.

The Skills and Post-16 Education Bill (the ‘Bill’) introduces this measure as a means to protect students from the “deceptive marking techniques of contract cheating services”. The Bill also aims to help level up opportunities across the country by transforming the existing educational landscape: alternative training and career routes, such as technical education, apprenticeships, T Levels or traineeships, are to be emphasised and given equal status alongside the traditional academic route (as set out in the Skills for Jobs White Paper).

Essay mills – given that they profit from committing academic fraud – are largely considered to be unethical, though they remain lawful in most countries. The UK follows in the footsteps of Australia, New Zealand, South Africa, and Ireland by taking action against contract cheating.

Ghostwriting services are active globally, and often target students who are studying in a second language. The rise in demand for such services are likely the result of increased competition for university places, especially where coursework and open-book exams contribute to pivotal final grades. Ironically, these services encourage a lack of scholarship that sets students up poorly for further education.

The online learning environment that developed as a result of stay-at-home mandates during the Covid-19 pandemic meant that students became increasingly vulnerable to the lures of essay-writing services. As campus welfare and support became less accessible to students working remotely from home and motivation throughout the academic year dwindled as Zoom-fatigue set in, levels of online cheating exploded: the Quality Assurance Agency estimated in 2021 that there are at least 932 sites in operation in the UK, up from 904 in December 2020, 881 in October 2020 and 635 in June 2018. More brazenly, there are examples of essay mill service providers taking advantage of the difficult circumstances faced by students during the pandemic by offering 2-4-1 deals and other special offers to ‘help’ students navigate a difficult and unusual few academic years.

While the proposals in the Bill are welcome, the measures do not amount to a full solution to online cheating. The International Journal for Educational Integrity has highlighted the increasing number of ways in which students wishing to circumvent rules on academic honesty may do so using technology. For example, the use of file-sharing websites to request assistance from others and receive answers to exam questions – in real time and during exam conditions – has risen by an estimated 196% in the year 2020-21 in STEM subjects. The Bill does not extend to Wales or Scotland, for whom education is a devolved matter: essay mills may yet target UK schools and universities and see plenty reason to maintain operations.

Gareth Crossman, head of policy and public affairs at the Quality Assurance Agency for Higher Education, has touched on the length of the journey ahead, saying: “[the Bill] sends a clear signal but, with well over 1000 essay mills in operation, the sector must continue working together to put them out of business.” Only time will tell whether the measures, when implemented, are effective, and whether the government needs to go further to protect students from predatory academic practices in future.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.

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