APPARENT BIAS/PREDETERMINATION

May 5th, 2026 by James Goudie KC

In R ( University of Sussex ) v Office for Students (2026) EWHC 984 ( Admin ), the Dr Kathleen Scott case,  Lieven J found that the OFS decision to sanction the University, for alleged breaches of its conditions of registration, was unlawful. This was on a number of judicial review grounds. They included apparent bias and/or predetermination. The broad conduct of the OFS demonstrated predetermination. There was compelling evidence that the OFS had approached its Investigation prompted by protests against Dr Stock with a CLOSED MIND. Senior Officials had set out to establish a breach. From the outset, the OFS adopted a strategy aimed at creatin a “ test case “ to send a strong single to the HE sector. This strategy depended on the University being found in breach, heavily fined, and publicly criticised.

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