england-and-wales
Does using English university’s complaints procedure estop Full Merits Review by a judge?
<p>King’s College London (“KCL”) denied my request for <a href="https://redd.it/87pn40" rel="nofollow noreferrer">everlasting Alternative Venues</a>, and <a href="https://www.kcl.ac.uk/aboutkings/orgstructure/ps/acservices/conduct/complaints.aspx" rel="nofollow noreferrer">Stage 1 (Local information resolution)</a> failed. They informed me that the next step is Stage 2 (Formal investigation). But I don't trust KCL or OIAHE.</p>

<ol>
<li><p>Ought I sue in court, rather than use Stage 2? </p></li>
<li><p>Can using Stage 2 trigger deference? I prefer a judge to conduct a full merits review. I'm trying to eschew KCL's procedures or OIAHE, as a court can't full-merits-review OIAHE decisions. Courts can  judicial-review ("JR") them, but  the standard for JR is (the more limiting) Wednesbury unreasonableness.</p></li>
</ol>

<p>In general, the courts will not undertake a full merits based review of a matter that has been dealt with by an administrative body or a contractually agreed process. Parliament has decided that the body is to make the decision and unless the body has committed an error of law or the decision is manifestly wrong the courts will not interfere.</p>

<p>Further, where there is a dispute resolution process, the courts will require it to be completed before they will get involved.</p>

<p>While I sympathise with your problem, I feel that you may discover that KCL is acting within the law and that your expectations are beyond what the law requires.</p>
