Did primary school teachers in England game the phonics check?

Richard Adams:

The phonics check, a simple test of reading given to five and six year-olds at the end of year one of primary school in England, comprises words and “pseudo-words” that children are expected to pronounce. In 2012 and 2013, the Department for Education announced in advance what the “pass” mark was to be. Looking at the chart below, with the yellow line for 2012 and blue line for 2013 results, can you guess what the pass mark out of 40 was?