Cambridge students banned from taking part in next month’s Boat Race have strong grounds for legal action, according to an independent legal opinion.
The two crews are set to be formally announced this evening at Battersea Power Station, but the reveal has been shrouded in controversy after Cambridge’s so-called PGCE three – Matt Heywood, Molly Foxell and Kate Crowley – were prohibited from selection.
This came following a complaint from Oxford University Boat Club that the teacher-training qualification “is a diploma and that is not a degree”.
Oxford’s stance was upheld after a four-month process, leading to those connected to the Cambridge trio to seek a legal opinion from Blackstone Chambers.
The report produced by four barristers at Blackstone, via The Guardian, reads: “We believe that there are strong grounds to challenge the lawfulness of the decisions, as regards the Interpretation Panel’s jurisdiction to make them in the first place, the substantive outcome, and the procedure that the Interpretation Panel appears to have adopted.”
Blackstone highlights three areas in which the lawfulness of the decision could be challenged. They first accuse the interpretation panel of failing to observe the timescales set out in the joint agreement between the two clubs, which allows individual competitors and their teams to have clarity on any issues of eligibility well in advance of the race.
They also question the decision to dismiss the PGCE as “not a degree” due to the fact the University of Oxford’s education faculty details it as an “M level” or “level 7” qualification, which falls under the banner of master’s degrees according to gov.uk. Moreover, both clubs have regularly selected PGCE students in past races.
Lastly, the review finds issue with the fairness of the procedures used by the panel, with the three students not informed that their involvement was under threat and not given any chance to represent themselves.
Cambridge remain intensely aggrieved with Oxford’s conduct, who they claim have not responded to any communication from them or the university as the row has raged on.
But with just over a fortnight until the race, it’s reported that Cambridge have no plans to mount a legal challenge off the back of this opinion due to the disruption it would be sure to cause to the squad.
Nevertheless, Cambridge are keeping all options open for the future as the three students begrudgingly accept their fate to prioritise team success.
The saga has been one of a back-and-forth nature, with the interpretation panel making its initial decision on Oxford’s complaint in December before overturning it when Cambridge appealed in January.
Heywood, Foxell and Crowley were then selected in Cambridge’s crews in February, prompting Oxford to appeal yet again on the grounds that the interpretation panel’s decisions are “binding, final and unappealable”, as stated in Schedule 2 of the joint agreement.
This submission led to the panel reverting back to their original decision, despite having previously admitted that it was flawed.
