While inequitable marking of such high stakes assessments is of course an issue that must be urgently dealt with, it seems to me that the core problem lies at a more fundamental level of the process, a misunderstanding of the relationship between data and assessment.
The DFE has also yet to answer questions about the ways in which data collected by such inappropriate tests are to be stored; what uses will be made of them and how long they will be retained. For example, might schools use such data to set and stream children in the early primary school period?