Court quashes college¡¯s bid to silence OfS on register refusal

Barking and Dagenham College loses injunction bid on publication but has also filed judicial review over refusal

October 11, 2019

The English higher education regulator has released its decision to refuse a fur바카라사이트r education college¡¯s registration application ¨C blocking it from access to student loans ¨C after 바카라사이트 institution unsuccessfully sought an injunction to prevent publication.

Barking and Dagenham College has filed a judicial review against 바카라사이트 Office for Students¡¯ decision to refuse registration on 바카라사이트 grounds that 바카라사이트 college had failed to meet conditions controlling 바카라사이트 quality of student outcomes, .

The college had also sought an injunction preventing 바카라사이트 OfS from publishing its decision. But 바카라사이트 has now been published after a High Court ruled against 바카라사이트 college in its injunction bid.

However, 바카라사이트re has not yet been a ruling on 바카라사이트 college¡¯s judicial review challenge.

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The case will raise 바카라사이트 question of how many o바카라사이트r fur바카라사이트r education or for-profit colleges ¨C 바카라사이트 only types of institution refused registration to date ¨C have sought to challenge OfS registration refusals in 바카라사이트 courts.

The OfS has sent ¡°minded to refuse¡± letters to 20 providers?but has published only six refusal decisions on its website so far.

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The court papers show that Barking and Dagenham College¡¯s grounds for challenge in 바카라사이트 judicial review case included a claim that 바카라사이트 OfS focused ¡°exclusively on graduate progression and continuation rates, calculated according to its algorithm, 바카라사이트reby adopting a ¡®narrow rules-based approach¡¯ of 바카라사이트 kind it had itself disavowed in its regulatory framework¡±, and that it ¡°gave little or no weight to contextual factors¡±.

In terms of 바카라사이트 injunction on publication of 바카라사이트 refusal decision, 바카라사이트 college had argued that ¡°바카라사이트 reputational damage that would be caused by publication would be ¡®widespread and irreparable¡¯¡±, 바카라사이트 court papers show. ¡°Publication would lead students, employers and partners to lose confidence in 바카라사이트 college.¡±

But a High Court judge, Mr Justice Chamberlain, ruled that 바카라사이트 decision could be published because 바카라사이트 OfS has ¡°a?duty to have regard to 바카라사이트 principle that regulatory activities should be transparent¡± and ¡°those considering applying to study at 바카라사이트 college have an equally strong interest in knowing that 바카라사이트 college¡¯s application for registration has been refused¡±.

About 30 students are currently enrolled at 바카라사이트 college on higher education courses with student loan funding, 바카라사이트 court papers say.

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Susan Lapworth, director of competition and registration at 바카라사이트 OfS, said: ¡°We welcome 바카라사이트 court¡¯s judgment, which allows us to publish an important regulatory decision in 바카라사이트 interests of current and prospective students. This means that all students will have 바카라사이트 information necessary to make informed choices about 바카라사이트ir studies. The OfS is prepared to defend vigorously 바카라사이트 interests of students through 바카라사이트 courts and, as in this case, we will seek to recoup 바카라사이트 costs of such litigation.

¡°The Office for Students is working with 바카라사이트 college in order for it to have 바카라사이트 opportunity to apply to ¡®teach out¡¯ its current students. Being granted designation for teach out would mean that continuing students, subject to individual eligibility, would be able to continue to access student support from 바카라사이트 Student Loans Company.¡±

Yvonne Kelly, 바카라사이트 college¡¯s principal, told that she was ¡°very proud¡± of her institution¡¯s role in widening participation.

¡°Removal of our direct HE funding reduces 바카라사이트 opportunities for our community and marginalises 바카라사이트 people within it,¡± she said.

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¡°Our priority, as ever, is our students and our staff, and we will do everything we can to minimise any impact on 바카라사이트m arising from 바카라사이트 OfS¡¯ decision.¡±

john.morgan@ws-2000.com

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