15th July 2023

Education Law: Miriam Carrion Benitez in leading case on schools admissions policies

Miriam Carrion Benitez

Miriam Carrion Benitez of 36 Public and Human Rights (’36 P&HR’), instructed by Veale Wasbrough Vizards, successfully represented Impact Multi Academy Trust, the First Interested Party, in R (otao Sharp) v Office of the Schools Adjudicator [2023] EWHC 1242; [2023] ACD 94, which is likely to become the leading decision on treatment by adjudicators of fairness claims directed at school admission policies.

The Court held that in considering fairness, an adjudicator under the auspices of the Office of the Schools Adjudicator might take into account factors that did not give rise to legal rights. In particular an adjudicator was entitled to conclude that she did not need to balance the interests of objectors to admission arrangements for two secondary schools against others who might be disadvantaged, because there was an available scheme which disadvantaged nobody.

36 P&HR possesses a strong team in Education Law whose members advise and act for persons or organisations on all sides in educational disputes and provide training to professionals involved in the field.

Further information

For more information from the public-law team, contact clerks@36public.co.uk