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Court of Protection Practice and Procedure Conference 2016

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Public law and Regulation

Case reports and guidance on public law and professional regulation issues

07 DEC 2011

R (Maxwell) v The Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236

Education – complaints mechanisms – decision-making – disability discrimination.

The Office of the Independent Adjudicator is not a court of law and is not required to make findings of disability discrimination, although it may use its discretion to express a view whether there had been such discrimination. 
27 October 2011
Court of Appeal (Civil Division)
Mummery LJ; Hooper LJ; McFarlane LJ
On appeal from
R (Maxwell) v The Office of the Independent Adjudicator for Higher Education [2010] EWHC 1889 (Admin), [2010] ELR 637, (Foskett J)
(1) Ms Maxwell (M) appealed the decision of Foskett J refusing her application for judicial review in relation to a complaint made to the Office of the Independent Adjudicator (OIA). M suffered from a disability which she declared with her university.


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