The exams regulator “will take action” if it finds that the higher proportion of private school pupils being given extra time in exams is due to unfairness.

Sir Ian Bauckham, chief regulator at Ofqual, said the regulator is doing “extra work” as he is “concerned” by the gap between private school and state school candidates being granted special exam access arrangements.

Data published by Ofqual in November showed that 30.1% of pupils in England were given 25% extra time to complete their GCSEs and A-level exams in the last academic year following a surge in exam access arrangements being granted.

More than two in five (41.8%) of all candidates in independent centres – of which the majority are private schools – were granted 25% extra time in their exams in 2023/24, compared with 26.5% in non-selective state schools.

In an interview with Tes magazine, Sir Ian said he was “surprised” when the divide was revealed in the recent Ofqual figures.

Sir Ian, who was confirmed as Ofqual’s permanent chief regulator last week, said: “If, when we dig into the figures and get under the surface, we find something is happening that isn’t fair to all candidates, whatever school they’re in, then we will take action.

“I’m concerned by it, which is why we’re doing this extra work.”

He said any action taken would “relate to awarding organisations” and would “depend on what we find”.

Sir Ian told Tes: “This involves complex work but could potentially see results from this analysis before the end of the year.”

The total number of approved special access arrangements for GCSE, AS and A-level exams rose by 12.3% in the 2023/24 school year compared with the year before, Ofqual data has revealed.

Education leaders have suggested more pupils are seeking support after the Covid-19 pandemic due to a rise in young people with special educational needs and disabilities (Send) and mental health issues.

Requests for 25% extra time in exams was the most common approved access arrangement for pupils with learning difficulties or disabilities, followed by computer readers, scribes and speech recognition.

Pepe Di’Iasio, general secretary of the Association of School and College Leaders (ASCL), said: “We fully support this review of extra time in exams.

“Extra time is an important mitigation for students with additional needs whose exam performance may otherwise be negatively affected.

“However, it is obviously vital that there is no unfairness in the way that these rules are applied and it is absolutely right to look at any issue which raises concerns.

“It’s also essential that state schools are properly funded and resourced to have the capacity to identify and meet students’ needs.

“Everyone in education would agree with the need to ensure that there is full confidence in the exam system.”