St George's, University of London v Rafique-Aldawery, R (On the Application Of)

St George's, University of London v Rafique-Aldawery, R (On the Application Of)

The lower court's guidance was overly prescriptive and risked compelling students to initiate judicial review proceedings unnecessarily, undermining the statutory complaints procedure and the role of the OIA as an alternative remedy. Judicial review should remain a remedy of last resort, and students can protect their legal position by notifying HEIs of potential claims without commencing proceedings.

Parties
First Appellant: St. George’s, University of London; Second Appellant: University of Leicester; First Respondent: Mazz Rafique-Aldawery; Second Respondent: Mithilan Sivasubramaniyam; Interested Party: Office of the Independent Adjudicator
Jurisdiction
England and Wales
Judgment Date
13 November 2018
Procedural Posture
Judicial Review / Appeal From Administrative Court Decision Granting Stays
Outcome
Appeal allowed
Legal Topics
Judicial Review, Alternative Remedies, Higher Education Complaints, Disability Discrimination, Procedural Guidance
Administrative Law Education Law Equality Law Judicial Review Alternative Remedies Higher Education Complaints Disability Discrimination Procedural Guidance

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Parties

St. George’s, University of London

First Appellant

University of Leicester

Second Appellant

Mazz Rafique-Aldawery

First Respondent

Mithilan Sivasubramaniyam

Second Respondent

Office of the Independent Adjudicator

Interested Party

Procedural Posture

Judicial Review / Appeal From Administrative Court Decision Granting Stays

Legal Issues

  1. 1 Whether judicial review should be stayed pending OIA proceedings
  2. 2 Appropriateness of guidance issued by the lower court regarding timing and procedure
  3. 3 Status of judicial review as a remedy of last resort

Ratio Decidendi

The lower court's guidance was overly prescriptive and risked compelling students to initiate judicial review proceedings unnecessarily, undermining the statutory complaints procedure and the role of the OIA as an alternative remedy. Judicial review should remain a remedy of last resort, and students can protect their legal position by notifying HEIs of potential claims without commencing proceedings.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed; the guidance issued by the lower court is set aside.