- ‘Girl, interrupted’—fitness, failings and fairness in higher education
- What are the practical implications of this case?
- What was the background?
- What issues were before the court?
- Case details
Local Government analysis: A third year medical student who interrupted her studies for serious health reasons successfully challenged the decision of her higher education (HE) provider to terminate her place following disagreement about reasonable adjustments and the occupational health (OH) and registration requirements attached to her return to study. In a decision that encompasses the importance of both public law principles and contractual rights, it was held that while an HE provider may have a need to terminate a student’s registration, it would be unlawful for it to do so without first making its case and providing the opportunity to reply. A student has a right to complain regarding a termination decision made without consideration of whether the refusal to follow recommendations was sufficient to warrant that outcome. Had this been done, the student would be entitled to a Completion of Procedures letter. Written by Kris Robbetts, partner and education lawyer, at VWV.
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