R v Higher Education Funding Council, ex p Institute of Dental Surgery [1994] 1 All ER 651
Citation:R v Higher Education Funding Council, ex p Institute of Dental Surgery [1994] 1 All ER 651
Rule of thumb:If you are denied Government funding do you have a right to be provided with the reasons why it was not given? In some circumstances, yes, and others, no. It depends on the legislation (whether it is based on discretion or rigid qualifying criteria) and the amount of money involved.
Judgment:
‘The giving of reasons may among other things concentrate the decision-maker’s mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been achieved; or alternatively alter the recipient to a justiciable flaw in the process. On the other side of the argument, it may place an undue burden on decision-makers; demand an appearance of unanimity where there is diversity; call for the articulation of sometimes inexpressible value judgements; and offer an invitation to the captious to comb the reasons for previously unsuspected grounds of challenge. It is the relationship of these and other material considerations to the nature of the particular decision which will determine whether or not fairness demands reasons. In light of such factors each case will come to rest between 2 poles, or possibly at one of them: the decision which cries out for reasons, and the decision for which reasons are entirely inapposite. Somewhere between the two poles comes the dividing line separating those cases in which the balance of factors calls for reasons from those where it does not. At present there is no sure indication of where the division comes...’. Justice Sedley
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.