On 18 August 2025 the High Court handed down a significant judgment on regulatory judicial reviews in the education law context: R (on the application of) UK Curriculum and Accreditation Body (t/a Scholars School System) v Pearson Education Ltd [2025] EWHC 2161 (Admin) (18 August 2025).
The Claimant, UKCAB, is a charity and education provider (trading as SSS). It challenged a decision of Pearson Education Limited; a qualification awarding body which has regulatory responsibilities in relation to providers, as well as staff and students where the provider is offering its qualifications. The challenge concerned the lawfulness of sanctions imposed on both the provider and its Chief Executive Officer.
The claim was advanced on grounds of procedural fairness, as well as a rationality and reasons challenge. In relation to the procedural unfairness the Court held that while there had been procedural unfairness, in that the Head of Investigations had participated in the Malpractice Committee’s decision making process, that procedural unfairness had been cured on appeal.
The Court further held that in relation to the provider the decision was sufficiently reasoned and rational. However, the Claimant’s challenge in relation to the sanction applied to the CEO was successful and the Court and granted declaratory relief.
Zoe Gannon acted for the Claimant, instructed by Eversheds LLP.
You can read the judgment here.
