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David Lawson appears in leading judicial review on fitness to practise and universities

16th February 2017

Zahid and ors v. University of Manchester and ors [2017]  EWHC 188 (Admin)

The High Court has given judgment on the right procedure for challenging decision making by universities about fitness to practise and other student disciplinary matters.

The case involved three student doctors whose courses were terminated following university hearings. The court decided that it was possible for the students to bring judicial review challenges against the university and that, generally, these should be stayed to allow a complaint to be determined by the Office of the Independent Adjudicator (OIA), the university ombudsman.

As well as deciding the proper procedure for students to use the case also raises important points of judicial review procedure. The court had to decide if the OIA was an alternative remedy (limiting or even precluding judicial review against the university) or if it was intended by Parliament as an additional route to redress or a form of ADR.

David Lawson has appeared in a number of leading higher education judicial reviews on all aspects of student fitness to practice and disciplinary issues.

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