The UKBA is continuing to step up action against private colleges. However we have moved on from the days when the UKBA was raiding colleges and suspending tier 4 licences without any prior warning. This may be due to the fact that judges in the Administrative Court are quick to grant interim relief in judicial review proceedings to colleges where licences have been suspended/revoked. Penningtons has obtained numerous orders granting interim relief to colleges where their licences/CAS allocation have been suspended/revoked – Please click here to see a reported example.
The current UKBA approach seems to be to either reduce a college's CAS allocation to zero and/or to issue a college with a decision threatening to downgrade their licence. Either of these decisions is susceptible to a judicial review challenge. The UKBA may give the impression that they are adopting a softer approach; however the fact remains that either of these decisions can cripple a business.