I have been set this question and I am unsure whether the legitimate expectation is substantive, or whether it is a secondary case of procedural expectation. Any thoughts?
Musa wants to run a business advising clients about improving the ecological standards of their homes – how to insulate them, how to save water, how to use less electricity, etc.
Under the [fictitious] Ecological Advisers (Registration) Regulations 2007, advisers must be registered with the National Council for Ecological Advice (NCEA), a statutory body. Offering ecological advice without being registered is a criminal offence.
In 2014, Musa read on the NCEA’s website that ‘applicants for registration must have a Diploma in Ecological Advice or a BSc degree including modules about ecological advice’ and he took the precaution of printing a copy for his records.
Musa studied for a 2-year part-time online Diploma on Ecological Advice, which he was awarded with Distinction in 2016.
Last month, Musa went onto the NCEA website again and, to his dismay, it now makes no reference to a Diploma in Ecological Advice and states only that ‘applicants for registration must have a BSc degree including modules about ecological advice’.
Musa phoned the NCEA and somebody confirmed that NCEA adopted a new policy that since January 2016 all new applicants must be BSc graduates; a diploma is no longer regarded as sufficient. Musa is furious!
Analyse whether Musa is likely to be successful in a judicial review claim based on the ground of legitimate expectation
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