Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students

Bloomsbury Institute Ltd, R (On the Application Of) v The Office for Students

The OfS's refusal to register Bloomsbury Institute Limited was lawful. The OfS complied with statutory consultation and publication requirements, its decision-making guidance was operational and not ultra vires, equality duties were considered, the approach to Condition B3 was rational and proportionate, registration is not a possession under A1/P1, and no breach of Article 14 occurred.

Parties
Claimant: Bloomsbury Institute Limited; Defendant: The Office for Students
Jurisdiction
England and Wales
Judgment Date
12 March 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Consultation Requirements, Regulatory Framework, Equality Impact Assessment, Proportionality, Ultra Vires, Legitimate Expectation, Article 1 Protocol 1 ECHR, Article 14 ECHR, Higher Education Act, Registration Conditions, Public Sector Equality Duty
Administrative Law Education Law Equality Law Human Rights Consultation Requirements Regulatory Framework Equality Impact Assessment Proportionality +7 more

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Parties

Bloomsbury Institute Limited

Claimant

The Office for Students

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the OfS's refusal to register Bloomsbury Institute Limited was lawful under domestic and ECHR law
  2. 2 Whether the OfS complied with statutory consultation and publication requirements
  3. 3 Whether the OfS's decision-making guidance was ultra vires

Ratio Decidendi

The OfS's refusal to register Bloomsbury Institute Limited was lawful. The OfS complied with statutory consultation and publication requirements, its decision-making guidance was operational and not ultra vires, equality duties were considered, the approach to Condition B3 was rational and proportionate, registration is not a possession under A1/P1, and no breach of Article 14 occurred.

Court Disposition

Application for judicial review dismissed