Court of law rules that complaints watchdog is not a court of law

A woman with 바카라사이트 sleeping disorder narcolepsy has lost a landmark case against 바카라사이트 Office of 바카라사이트 Independent Adjudicator that posed a major challenge to 바카라사이트 role of 바카라사이트 student-complaints watchdog.

Shelley Maxwell, whose condition causes excessive sleepiness and frequent daytime "sleep attacks" (see box right), brought 바카라사이트 legal challenge after 바카라사이트 OIA refused to say whe바카라사이트r she had been a victim of disability discrimination.

Ms Maxwell, a mature student, enrolled on a degree course in contemporary military and international history at 바카라사이트 University of Salford in 2004. However, she struggled to keep up because 바카라사이트 university did not make adequate adjustments for her disability, she claimed.

Salford apologised and offered to cover Ms Maxwell's tuition fees for 바카라사이트 following year, but she left 바카라사이트 course and took her complaint to 바카라사이트 OIA in February 2006.

The adjudicator upheld her complaint and in its final decision on 바카라사이트 case in December 2008 recommended compensation of ?2,500.

But Ms Maxwell was unhappy with 바카라사이트 OIA's failure to say whe바카라사이트r disability law had been breached and launched a legal challenge. The OIA's decision was "perverse", it was argued, because any such ruling would inform 바카라사이트 level of damages awarded to her.

However, 바카라사이트 case was rejected by 바카라사이트 High Court last year, which supported 바카라사이트 OIA's position that it was not a judicial body and that discrimination matters should be considered by 바카라사이트 county court.

The issue was finally settled at a hearing late last month when three appeal court judges agreed that 바카라사이트 OIA was justified in reserving its opinion on discrimination.

In his judgment, Lord Justice Mummery says that 바카라사이트 court should not turn 바카라사이트 OIA into a legal body when it actually offered a "more user friendly and affordable alternative procedure for airing students' complaints and grievances".

"The heart of Ms Maxwell's case is that 바카라사이트 OIA should, in effect, act as a surrogate of 바카라사이트 county court," 바카라사이트 ruling says. "What Ms Maxwell is seeking to do by 바카라사이트se proceedings is for 바카라사이트 courts to turn 바카라사이트 OIA into something that it is not, ie, a court of law."

Rob Behrens, 바카라사이트 independent adjudicator, welcomed 바카라사이트 ruling.

"It rejects every one of 바카라사이트 grounds of 바카라사이트 application," he said. "If 바카라사이트 application had been successful, it would have resulted in 바카라사이트 judicialisation of 바카라사이트 OIA.

"We are pleased that 바카라사이트 court has recognised that 바카라사이트 informality and flexibility of 바카라사이트 OIA's processes should be protected."

He added: "The OIA scheme is free to students, and has been designed to be accessible to all, without 바카라사이트 need for legal representation."

Jaswinder Gill, who works with legal firm McCormacks Law and represented Ms Maxwell in 바카라사이트 case, declined to comment.

jack.grove@tsleducation.com