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Monckton Chambers’ Ben Lask has successfully defended Ofsted in a claim for judicial review against a decision to take regulatory action against a childcare provider.
The claim raised issues as to the ambit of an expert regulator’s discretion, procedural fairness, and the circumstances in which regulatory action might engage a provider’s rights under Article 1, Protocol 1 of the European Convention on Human Rights (the right to peaceful enjoyment of property).
The High Court upheld Ofsted’s decisions in this case and dismissed the claim.
To read the full judgement please click here.