Ad description
A poster and website, www.englishmathstutors.co.uk promoted a tutoring service.
a. Headline text on the poster stated "genie tutors Release the Genius ... Does your child need a good tutor? What makes us special? We will: • boost SATs, GCSE and A-Level grades • guarantee progress every week* • achieve your child's academic aspirations • motivate, inspire and engage • provide regular feedback and reports".
b. Text on the website stated "We can GUARANTEE* improvement in English for your child ... We GUARANTEE* a better understanding of Maths, helping your child become more confident ... Our Science Tutors are Professionally Qualified, as are all our tutors, so we can GUARANTEE* progress towards the exam results your child aspires for". Under the heading "Get the Best Tutors And Guaranteed* Progress" text stated "We are so confident we guarantee that your child will make progress ... We GUARANTEE: • Progress for your child or your money back* • Regular feedback • A FREE consultation • Your child's individual needs addressed • To provide the best tutors available ... Therefore you can be guaranteed progress*, achievement and the best tutors ... Again we GUARANTEE to: • Challenge your bright child • Help your struggling child to succeed • Engage and inspire your bored child • Encourage your shy child • Boost your child's confidence ... We are able to focus on their needs so that progress is GUARANTEED* ... We Guarantee: • Professional Tutors with recognised educational qualifications to teach • Regular feedback so you are constantly aware of their progress • Relevant homework • Tutors available at the end of each session to answer your questions • Advice on how you can support your child's work and progression • Progress or your money back* … So Genie guarantees measurable progress, with the best tutors and happy children".
Issue
The complainant challenged whether the advertiser could substantiate the repeated claims that they could guarantee progress for any child using their service.
Response
Genie Tutors Franchises Ltd stated that the Office for Standards in Education, Children's Services and Skills (Ofsted) expected teachers in schools to show progress in their lessons. They explained that schools which failed to meet that standard were placed on special measures, and those failing to show improvement could face severe sanctions and closure. Individually, teachers who did not meet that standard of progress in every lesson would be given support to meet that standard, and if they continued to fail, face disciplinary procedures. Genie Tutors Franchises said they placed a similar demand upon their centres and tutors, and as Ofsted expected teachers to deliver progress in classes of approximately 30 children, it was unreasonable for Genie Tutors Franchises not to expect the same from their qualified teachers for much smaller teaching groups.
They explained that they monitored their tutors’, and their pupils', academic progress using three measures. They submitted additional information regarding those measures which they maintained was confidential.
Genie Tutors Franchises also stated that a number of parents reported changing their child's tutor regularly because they were not happy with the progress their child was making. Hence they believed there was a clear and justifiable expectation for progress from the parents that accessed their service.
They also stated that they had recently completed a pilot where they provided tutoring services to a school, and that the results achieved over the ten-week period showed marked improvement for those in regular attendance. They also provided documents illustrating the methods they used to measure their pupils' progress and a random sample of the results achieved/recorded.
Assessment
Upheld
The ASA noted that the guarantee claims in both ads were accompanied by asterisks, but that there was no additional linked text that outlined the guarantee, defined "progress", or explained how it would be measured. In the absence of any additional qualification, we considered that most consumers reading the claim would understand that regardless of a pupil's ability, background, whether they had any special educational needs, their mother-tongue and so forth, if they attended one of Genie Tutors Franchises’ centres they would progress academically, by increasing their knowledge or understanding of a particular subject, and that that progress could be measured objectively.
We understood that Genie Tutors Franchises utilised three different measures to demonstrate the progress their pupils' made. We considered the information that Genie Tutors Franchises had provided regarding those measures. We considered that two of the tools were appropriate measures regarding the progress pupils had achieved in particular subjects. We also noted from the sample of results that they had provided, that the children had improved in terms of attainment level over varying periods of time. Regardless of that, we did not consider that the results were sufficient to substantiate the claim that Genie Tutors Franchises could guarantee that any child using their services would make progress.
In the absence of any further information or evidence to show how Genie Tutors Franchises could be sure that any child enrolled in one of their centres would advance on a weekly and long-term basis, regardless of their initial ability, enthusiasm, special educational needs, background or mother-tongue, we concluded that the guarantee claims were misleading and in breach of the Code.
The claims breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Misleading advertising),
3.7
3.7
Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification) and
3.11
3.11
Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.
(Exaggeration).
Action
The ads must not appear again in their current form. We told Genie Tutors Franchises to ensure they did not exaggerate the results that consumers could expect to achieve by using their services and to ensure they held sufficient evidence to substantiate the claims in their marketing communications in future.
