The Interim Executive Board of X, R (on the application of) v Ofsted

The Interim Executive Board of X, R (on the application of) v Ofsted

The Claimant has established a pressing ground and exceptional circumstances for maintaining the interim injunction restraining publication of the Ofsted report, given plausible evidence of bias or pre-determined mindset in the inspection process, extraordinary inconsistency with previous reports, and the likelihood of irreparable harm to the School and community if published before determination of the substantive claim.

Parties
Claimant: The Interim Executive Board of X; Defendant: Ofsted
Jurisdiction
England and Wales
Judgment Date
01 August 2016
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Interim Injunction
Outcome
Interim injunction maintained; publication of Ofsted report restrained until determination of permission for judicial review or further order.
Legal Topics
Judicial Review, Public Law Injunctions, School Inspection, Equality Act, Safeguarding, Bias in Public Decision Making
Administrative Law Education Law Equality Law Judicial Review Public Law Injunctions School Inspection Equality Act Safeguarding +1 more

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Parties

The Interim Executive Board of X

Claimant

Ofsted

Defendant

Procedural Posture

Judicial Review / Ruling on Application to Set Aside Interim Injunction

Legal Issues

  1. 1 Whether publication of Ofsted report should be restrained pending judicial review
  2. 2 Whether inspection and report were infected by bias or pre-determined mindset
  3. 3 Whether segregation policy constitutes unlawful discrimination under Equality Act

Ratio Decidendi

The Claimant has established a pressing ground and exceptional circumstances for maintaining the interim injunction restraining publication of the Ofsted report, given plausible evidence of bias or pre-determined mindset in the inspection process, extraordinary inconsistency with previous reports, and the likelihood of irreparable harm to the School and community if published before determination of the substantive claim.

Court Disposition

Interim injunction maintained; publication of Ofsted report restrained until determination of permission for judicial review or further order.

Orders

  • Interim anonymity order pursuant to CPR 39.2(4)
  • Ofsted restrained from publishing the report until further order