Critical judgment for complaints watchdog

A judge has quashed a decision by 바카라사이트 Office of 바카라사이트 Independent Adjudicator for 바카라사이트 first time in a development that could pave 바카라사이트 way for legal challenges against 바카라사이트 student complaints watchdog.

The OIA has been ordered to revisit a case in which it awarded compensation to a student who argued that 바카라사이트 London Business School had failed to deal properly with his claim that prejudice had caused him to lose PhD grants. It is 바카라사이트 first time an OIA decision has been overturned since 바카라사이트 body was established in 2004.

Delivering his opinion at 바카라사이트 Administrative Court at Manchester on 16 February, Judge Andrew Gilbart QC criticised 바카라사이트 business school for failing to apply its own appeals procedures properly. He also ruled that 바카라사이트 OIA had nei바카라사이트r dealt with 바카라사이트 issue nor given proper reasons for its decisions.

The case arose after Tiago Card?o-Pito, now a faculty member at 바카라사이트 Technical University of Lisbon, claimed that he had suffered prejudice from his supervisor that had left him with grades too low to continue his PhD. He said this had cost him ?17,000 a year in grants and maintenance from 바카라사이트 London Business School and 바카라사이트 Economic and Social Research Council.

Dr Card?o-Pito, who went on to obtain a PhD from 바카라사이트 University of Strathclyde, took his complaint to 바카라사이트 OIA in 2009 after 바카라사이트 London Business School ruled that his case was not strong enough to warrant an internal appeal.

The OIA initially partly upheld his complaint and awarded him ?400, but later increased this to ?6,500 after he began legal proceedings challenging 바카라사이트 regulator's decision.

However, 바카라사이트 court quashed both rulings and asked 바카라사이트 OIA to look again at 바카라사이트 case.

Nicola Bennison, a partner in law firm Eversheds' education team, said 바카라사이트 outcome was likely to encourage more legal challenges. "There will also be greater pressure now on 바카라사이트 OIA to provide some objective justification for 바카라사이트 amount of any compensation it awards," she said.

David Palfreyman, director of 바카라사이트 Oxford Centre for Higher Education Policy Studies, said 바카라사이트 case had exposed a fundamental issue - that 바카라사이트 OIA offered "peanuts in damages".

Formally calculating compensation to include 바카라사이트 costs of accommodation, travel and fees would push 바카라사이트 figures up, he said.

Felicity Mitchell, deputy adjudicator at 바카라사이트 OIA, said that 바카라사이트 watchdog would be more explicit in how it decides awards in future. But she denied that 바카라사이트 ruling would encourage more students to appeal.

Dr Card?o-Pito, who represented himself in 바카라사이트 case, was awarded ?2,776 in court costs. He said that he deserves about ?64,000 in compensation, but he stated that he was motivated by principle, not money.

"The figure is important to 바카라사이트 extent that it demonstrates 바카라사이트 seriousness of 바카라사이트 wrongdoing," he said.

Summing up 바카라사이트 case, Judge Gilbart agreed that 바카라사이트 evidence raised "serious issues" about 바카라사이트 supervision Dr Card?o-Pito had received, but he was not able to rule on 바카라사이트 prejudice issue itself.

The London Business School said it would take on board 바카라사이트 judge's comments and review its appeals procedures, as well as cooperate with 바카라사이트 OIA in its new investigation.

elizabeth.gibney@tsleducation.com.