London Oratory School, R (on the application of) v The Schools Adjudicator & Anor

London Oratory School, R (on the application of) v The Schools Adjudicator & Anor

Remittal is appropriate as Parliament entrusts decision-making to the Adjudicator, the statutory power endures, and there is not only one inevitable outcome; the School is the largely successful party and entitled to 80% of its costs.

Parties
Claimant: The Governing Body of the London Oratory School; Defendant: The Schools Adjudicator; Interested Party: The British Humanist Association; Interested Party: The Secretary of State for Education
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Judicial Review / Post Substantive Judgment; Remittal and Costs Determination
Outcome
Remittal of Diocesan Guidance issue to a new adjudicator; costs awarded to School.
Legal Topics
School Admissions, Judicial Review, Costs, Remittal, Procedural Fairness
Administrative Law Education Law School Admissions Judicial Review Costs Remittal Procedural Fairness

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Parties

The Governing Body of the London Oratory School

Claimant

The Schools Adjudicator

Defendant

The British Humanist Association

Interested Party

The Secretary of State for Education

Interested Party

Procedural Posture

Judicial Review / Post Substantive Judgment; Remittal and Costs Determination

Legal Issues

  1. 1 Whether the Diocesan Guidance issue should be remitted for reconsideration by a new adjudicator
  2. 2 Entitlement and quantum of costs between the School and the Adjudicator

Ratio Decidendi

Remittal is appropriate as Parliament entrusts decision-making to the Adjudicator, the statutory power endures, and there is not only one inevitable outcome; the School is the largely successful party and entitled to 80% of its costs.

Court Disposition

Remittal of Diocesan Guidance issue to a new adjudicator; costs awarded to School.

Orders

  • The Diocesan Guidance issue is remitted to a newly appointed Adjudicator for reconsideration and determination in accordance with the judgment.
  • The Adjudicator shall pay 80% of the School’s assessed costs, with a payment on account of £60,000 by 8 May 2015.