McKoy, R (on the application of) v Oxford Brookes University, Court of Appeal - Administrative Court, February 19, 2009, [2009] EWHC 667 (Admin)
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McKoy, R (on the application of) v Oxford Brookes University, Court of Appeal - Administrative Court, February 19, 2009, [2009] EWHC 667 (Admin)
SMITH BERNAL WORDWAVE
Neutral Citation Number: [2009] EWHC 667 (Admin)CO/10076/2007 IN THE HIGH COURT OF JUSTICEQUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2A 2LL Thursday, 19th February 2009B e f o r e: MR JUSTICE McCOMBE - - - - - - - - - - - - - - -Between: THE QUEEN ON THE APPLICATION OF JENNIFER AMANDA MCKOY Claimantv OXFORD BROOKES UNIVERSITY Defendant - - - - - - - - - - - - - - -Computer-Aided Transcript of the Stenograph Notes of WordWave International LimitedA Merrill Communications Company 190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court)- - - - - - - - - - - - - - -Miss M Patel (instructed by Truemans) appeared on behalf of the ClaimantMr O Hyams (instructed by Oxford Brookes University Legal Services Department) appeared on behalf of the Defendant- - - - - - - - - - - - - - -J U D G M E N T1. MR JUSTICE McCOMBE: This is a claim for judicial review brought by Miss Jennifer McKoy against Oxford Brookes University, which I shall call "the University". In the claim Miss McKoy challenges the decision of the Appeal Committee of the University, communicated to her by letter of 7th August 2006, upholding the decision of the Examination Committee to withdraw her from its Bachelor of Science course in midwifery. 2. The initial decision of the Examination Committee was communicated by letter of 24th January 2006 from Dr GA Scurry, the Dean of the Modular Programme, which said this:"I regret to inform you that your results to date do not satisfy the course requirements. The Examinations Committee has therefore decided that you must be withdrawn from the Midwifery course immediately." The remainder of that letter deals with alternative courses that the claimant might take if she was so advised and offers advice as to her future. 3. Miss McKoy asked for amplification of the reasons, which had been given so shortly in the letter of 24th January, by way of a letter from her solicitors of 3rd February 2006 to Dr Scurry. That enquiry elicited a response (which is to be found at the same volume of documents at page 17) in the following terms: "In answer to your question about failed modules, the definition quoted is to distinguish it from a resit grade. A resit entitles the student to reassessment without retaking the module whereas a fail does not. Of course in Mi...See the full content of this document
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