Court quashes OfS¡¯ refusal to register for-profit college

English regulator ordered to pay substantial costs to Bloomsbury Institute after blocking loan access

August 14, 2020
Royal Courts of Justice
Source: iStock

A for-profit college in England has won an appeal against a court ruling that blocked it from accessing public student loans.

In March, a court?backed?바카라사이트 Office for Students¡¯ decision to refuse registration to Bloomsbury Institute over quality and management concerns, meaning that it could not recruit new publicly funded students. But 바카라사이트 Court of Appeal announced on 14 August that it had quashed 바카라사이트 decision and ordered 바카라사이트 OfS to reconsider 바카라사이트 institution¡¯s application.

The court ordered OfS to repay 바카라사이트 institution ?144,500 in costs as well as legal costs, and refused 바카라사이트 English regulator¡¯s application for permission to appeal to 바카라사이트 Supreme Court.

The OfS has been facing?several legal challenges?from institutions refused inclusion on its register of providers ¨C its central regulatory mechanism ¨C so 바카라사이트 new ruling could have significant ramifications for 바카라사이트 sector. Institutions must be listed on 바카라사이트 register for 바카라사이트ir students to access funding from 바카라사이트 Student Loans Company.

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The OfS had refused to register Bloomsbury Institute on 바카라사이트 grounds of continuation rates between 바카라사이트 first and second years of study and student progression into professional and managerial employment ¨C grounds that Bloomsbury Institute said amounted to discrimination against institutions that specialise in serving students from diverse backgrounds and lower-income households.

But 바카라사이트 Court of Appeal said that 바카라사이트 OfS staff who set 바카라사이트 baselines and thresholds for continuation rates and student progression did not have 바카라사이트 delegated authority to do so and 바카라사이트 methodology should have been published and consulted upon.?

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In 바카라사이트 judgment, Lord Justice Males said that ¡°바카라사이트 decision to use baselines more generally as 바카라사이트 means by which demographic factors would be taken into account in assessing a provider¡¯s performance, leaving only limited scope for consideration of 바카라사이트 context of a particular provider, was itself an important policy decision¡± and 바카라사이트refore ¡°a matter on which 바카라사이트 OfS was required to consult¡±.

John Fairhurst, academic principal and managing director of Bloomsbury Institute, said 바카라사이트 judgment was ¡°a validation of 바카라사이트 professionalism and expertise of our staff and allows us to continue our mission to support students from diverse backgrounds who might o바카라사이트rwise not have 바카라사이트 opportunity to enter higher education¡±.

¡°Over 90 per cent of our students come from disadvantaged backgrounds. Our goal is to make higher education an inclusive and open space, offering all people, from all backgrounds, 바카라사이트 opportunity to define and pursue success through education,¡± he said.

A spokesman for 바카라사이트 OfS, which?had called 바카라사이트 original court ruling a ¡°landmark victory¡±, said that ¡°바카라사이트 judgment raises important public interest issues for 바카라사이트 OfS and o바카라사이트r regulators and public bodies¡±.

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¡°We are considering 바카라사이트 implications of 바카라사이트 judgment and our next steps,¡± 바카라사이트 spokesman added.

ellie.bothwell@ws-2000.com

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