Universities

What is higher education?

The provision of higher education in England and Wales dates back to the 12th century with the establishment of world renowned universities such as Oxford and Cambridge.

State involvement in the funding and provision of higher education dates back to the Education Act 1944 which established three stages of education:

  1. primary

  2. secondary

  3. further

This subtopic focuses on higher education related content, bringing together content from across the various Lexis®PSL modules and sign posting to more in depth content where appropriate.

Higher education (HE) is 'education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988' namely:

  1. a course for the further training of teachers or youth and community workers

  2. a post-graduate course (including a higher degree course)

  3. a first degree course

  4. a course for the Diploma of Higher Education

  5. a course for the Higher National Diploma or Higher National Certificate of the Business & Technician Education Council, or the Diploma in Management Studies

  6. a course for the Certificate in Education

  7. a course in preparation for a professional examination at higher level,

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Latest Local Government News

Judicial Review—High Court quashes decision refusing recusal application (Ladybill v Sheffield Magistrates’ Court & Rotherham Metropolitan Borough Council)

Public Law analysis: The High Court has ruled that the fair-minded and informed observer would be entitled to conclude that there was a real possibility that the decision of a district judge (‘the judge’) in the Magistrates’ Court was likely to be influenced by the desire to decide the Ladybill case in a way which validated, after the event, his earlier decision in a case called Emeraldshaw. The challenge was brought by way of judicial review in respect of the judge’s decision dated 23 May 2024, refusing to recuse himself from hearing proceedings between Ladybill and Rotherham Borough Council (‘the interested party’). Prior to that the judge had handed down a decision dated 21 March 2024 in the case of Sheffield City Council v Emeraldshaw Ltd, which was a claim by the council for payment of non-domestic rates alleged to be owing in respect of periods between June 2021 and November 2022. The judge found that Emeraldshaw was liable to pay the rates and Emeraldshaw sought to challenge the decision by way of judicial review. Emeraldshaw and Ladybill are companies within the MCR Property Group. Developments in the Emeraldshaw case later catalysed an application made on behalf of Ladybill that the judge should recuse himself from hearing the Ladybill case. The High Court found that there was a real possibility that the judge was biased. Written by Rowena Wisniewska Sethi, barrister at 4-5 Gray’s Inn Square Chambers.

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