AC-2024-LON-003094 - [2025] EWHC 2161 (Admin)

The Claimant, UK Curriculum and Accreditation Body is an educational charity trading as Scholars School System (SSS). The Defendant, Pearson Education Limited (Pearson), is a private company that is one of several educational qualification awarding organisations that operates in the UK. This case concerns a public function exercised by Pearson and it is therefore amenable to judicial review in relation to this claim.

Following information it received, Pearson investigated SSS and then convened a malpractice committee (MPC) into the Claimant and others. This resulted in sanctions against SSS and its Chief Executive Officer Mr Zahid Bhatti.

SSS and Mr Bhatti appealed these decisions and an appeal panel was convened under Pearson’s procedures. The appeal relating to SSS was dismissed but Mr Bhatti’s appeal was allowed. SSS challenges the decision to dismiss its appeal by way of judicial review. There is also an issue between the parties as to whether a sanction remains against Mr Bhatti.

Permission was granted on a limited basis by Mr Justice Morris. In short, permission was granted only insofar as the challenge relates to the appeal panel’s decision and not the prior MPC or underlying investigations. There is an issue between the parties as to whether an application by the Claimant to amend the grounds of claim and to admit new evidence cuts across the permission decision and/or whether it should be allowed at all.

The grounds of claim maintained at the hearing before me are (1) procedural fairness (2) failure to give adequate reasons (3) irrationality and (4) appearance of bias.

SSS is represented by Ms Zoe Gannon, Pearson is represented by Mr Iain Steele and Mr Tom Lowenthal. I am extremely grateful to all counsel and their instructing solicitors for the care and skill they have shown in preparing and presenting this case.