Learn Direct Ltd v Ofsted
The court found that the high threshold for apparent pre-determination was not met; the inspection was conducted with sufficient breadth, expertise, and evidence base; the regulator acted rationally and reasonably in its inquiry and decision-making; and there was no basis for judicial intervention or for quashing the report or restraining its publication.
- Parties
- Applicant: Learn Direct Ltd; Respondent: Ofsted
- Jurisdiction
- England and Wales
- Judgment Date
- 04 August 2017
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Judicial Review, Procedural Fairness, Regulatory Inspection, Bias and Pre Determination, Duty of Enquiry
Case Brief
Summary, issues, holding and outcome
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Parties
Learn Direct Ltd
Applicant
Ofsted
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Ofsted inspection report was tainted by apparent pre-determination or closed mind
- 2 Whether the inspection and evidence base were inadequate or insufficient
- 3 Whether Ofsted's refusal to apply the Incomplete Inspection Protocol was unreasonable
Ratio Decidendi
The court found that the high threshold for apparent pre-determination was not met; the inspection was conducted with sufficient breadth, expertise, and evidence base; the regulator acted rationally and reasonably in its inquiry and decision-making; and there was no basis for judicial intervention or for quashing the report or restraining its publication.
Court Disposition
Claim dismissed
Orders
- The claim for judicial review is dismissed.
- Interim relief restraining publication of the report is discharged.
Full Case Text
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