London School of Science and Technology, R (on the application of) v Pearson Education Ltd

London School of Science and Technology, R (on the application of) v Pearson Education Ltd

The withdrawal of Pearson accreditation from LSST was lawful and proportionate, as the procedures followed were fair and consistent with published policies, and the seriousness of the malpractice justified the sanction. However, the personal sanctions imposed on Dr Panagiotou were unfair, unclear, and not supported by findings or proper procedure, and must be set aside.

Parties
Claimant: London School of Science and Technology; Defendant: Pearson Education Limited
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Judicial Review / Judgment
Outcome
Claim partly allowed
Legal Topics
Procedural Fairness, Malpractice Investigations, Sanctions, Judicial Review, Accreditation Withdrawal
Administrative Law Education Law Procedural Fairness Malpractice Investigations Sanctions Judicial Review Accreditation Withdrawal

Case Brief

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Parties

London School of Science and Technology

Claimant

Pearson Education Limited

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether Pearson acted unfairly and unlawfully by failing to comply with its own policies and procedures
  2. 2 Whether decision-makers failed to take into account relevant considerations
  3. 3 Whether Pearson conducted its investigations, the Malpractice Committee, and the Appeals Panel in a procedurally unfair way

Ratio Decidendi

The withdrawal of Pearson accreditation from LSST was lawful and proportionate, as the procedures followed were fair and consistent with published policies, and the seriousness of the malpractice justified the sanction. However, the personal sanctions imposed on Dr Panagiotou were unfair, unclear, and not supported by findings or proper procedure, and must be set aside.

Court Disposition

Claim partly allowed

Orders

  • Sanctions imposed personally on Dr Panagiotou set aside
  • Pearson to address informing LSST of the earliest date for re-application for registration and any required measures