Statement on the possibility for state higher education institutions to require students to take examinations in English

Summary of the decision: Pursuant to the Language Act (2009:600), the language of public authorities is Swedish. In certain cases, however, an exception may be made to the requirement for Swedish.

Given that an examination is the basis for a grading decision that constitutes the exercise of public authority over the student, it is the assessment of the Chief Parliamentary Ombudsman that state higher education institutions have limited leeway to deny students the opportunity to take examinations in Swedish. However, according to the Chief Parliamentary Ombudsman, students may be denied the opportunity to use Swedish if this is necessary in order to assess whether the student has achieved the intended learning outcomes stated in the course syllabus. The Chief Parliamentary Ombudsman also finds that the use of Swedish may be denied if this is necessary for practical reasons in the specific case, while at the same time emphasising that the higher education institution has a far-reaching obligation to provide alternative forms of assessments that permit the use of Swedish.

Umeå University has required that an examination be taken in English. According to the Chief Parliamentary Ombudsman, the requirement for English in this case was not necessary in order to assess whether students had achieved the intended course learning outcomes, nor for any other reason. However, given the ambiguous legal situation concerning language use in examinations, no criticism is directed at the university. The authority is however criticised for failing to provide adequate information that the examination was to be taken in English.

The Parliamentary Ombudsmen have previously alerted the Government to the need for legal guidance on the matter of language use in higher education and research. As this case too highlights the need for such guidance, the Chief Parliamentary Ombudsman finds reason to raise the matter of amending legislation in the area with the Government.