London School of Science and Technology, R (on the application of) v Pearson Education Ltd [2019] EWHC 3129 (Admin) (20 November 2019)

London School of Science and Technology, R (on the application of) v Pearson Education Ltd [2019] EWHC 3129 (Admin) (20 November 2019)

The withdrawal of Pearson accreditation from LSST was lawful and proportionate, as the process was fair and consistent with published policies, and the seriousness of the malpractice justified the sanction. However, the personal sanctions imposed on Dr Panagiotou were unlawful and unfair because he was not properly notified of personal risk, no findings were made as to his personal culpability, and the sanctions were not clearly justified or consistent with policy.

Citation
[2019] EWHC 3129 (Admin)
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 / Final Judgment After Full Hearing
Outcome
Claim partly allowed
Legal Topics
Procedural Fairness, Sanctions in Regulatory Proceedings, Judicial Review of Private Regulatory Bodies, Malpractice in Education, Proportionality of Sanctions
Administrative Law Education Law Regulatory Law Procedural Fairness Sanctions in Regulatory Proceedings Judicial Review of Private Regulatory Bodies Malpractice in Education Proportionality of Sanctions

Case Brief

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Parties

London School of Science and Technology

Claimant

Pearson Education Limited

Defendant

Procedural Posture

Judicial Review / Final Judgment After Full Hearing

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 process was fair and consistent with published policies, and the seriousness of the malpractice justified the sanction. However, the personal sanctions imposed on Dr Panagiotou were unlawful and unfair because he was not properly notified of personal risk, no findings were made as to his personal culpability, and the sanctions were not clearly justified or consistent with policy.

Court Disposition

Claim partly allowed

Orders

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