Our client, Ms. Sophie Bennett, a student at King’s College London, faced expulsion after a Misconduct Committee decision. Credits were retained, but she was denied an exit award, effectively ending her studies. Aldwych Legal was instructed to appeal, on grounds of procedural unfairness and flawed evidentiary handling. This case sits at the intersection of Education Law and Dispute Resolution.
What Happened
On 20 August 2024, the Misconduct Committee at King’s College London delivered a decision to expel our client. The panel relied heavily on circumstantial evidence surrounding IP addresses, with little detail in the notice of hearing. The decision left her with the loss of an exit award while preserving credits. We were retained to challenge these outcomes, arguing that the process failed to allow a proper response to allegations.
Following the decision, new evidence emerged: medical documentation detailing severe anxiety and depression, plus independent IT analysis questioning the involvement of a third party. Our team agitated for a fair reconsideration, highlighting the impact of personal circumstances on the events in question.
Legal Issues
- Vagueness of Allegations: The notice of hearing cited ‘examination misconduct’ but failed to provide specific details, hindering a robust defence and breaching procedures.
- Bias in Proceedings: The panel appeared to treat circumstantial IP-address evidence as decisive, undermining the presumption of innocence.
- Failure to Consider Mitigating Circumstances: Mental health pressures and bereavement were not given proper weight in sanctioning.
Our Approach
We prepared a comprehensive appeal focusing on procedural fairness, engaged medical experts, and obtained an independent IT assessment. We lodged the appeal promptly and engaged in pre-action correspondence under the Pre-Action Protocols for Education matters, seeking to secure a stay and timely reconsideration. The team emphasised proportionate sanctions and the university’s obligation to consider the student’s wellbeing, consistent with regulatory expectations.
Together with counsel and expert witnesses, we compiled updated materials, engaged in targeted correspondence with the university, and prepared for potential negotiations to resolve the matter without procedural delay.
Outcome
As a result of the appeal and new evidence, the university paused the expulsion and agreed to reconsider the case. The parties arranged an interim measure allowing Ms. Bennett to remain enrolled while the matter is reviewed, with access to appropriate support services. The outcome is still being progressed, with the potential for a more proportionate sanction if misconduct is ultimately found, or an alternative, non-punitive resolution if not.
Result / Why It Matters
This matter demonstrates Aldwych Legal’s expertise in Education Law and Dispute Resolution, securing fair treatment for students facing disciplinary actions and highlighting the value of meticulous procedure and evidence-led advocacy.
