legal services and employment law, an expert in Employment Law but with no stated expertise in regulatory law (Law Society listing), said that in his opinion anyone failing to adhere to the IfL code of conduct – such as by withholding subs – has the right to "a fair and public hearing in keeping with the rights conferred on individuals by the Human Rights Act … reflecting …that no person may have their livelihood taken away from them without observing due process" and described the IfL's stance as "wholly unreasonable and irrational". The code of conduct states: "The members shall at all times act in accordance with the Institute’s conditions of membership". Mr Scott's opinion on the application of the Human Rights Act to membership of a professional regulatory body has never been tested in law. In a letter to IfL chief Toni Fazaeli, Mr Scott warned that in his opinion "interfering in the trade dispute by placing pressure on union members" was "potentially unlawful". Mr Scott has since said that the union would take legal action unless the IfL softened its stance. This despite the fact that, at that time, UCU had not declared a trade dispute with employers. UCU Members were surveyed and 27% (90% of the 30% who took part) of the unions FE members voted for formal industrial action on 25 July 2011. The turn out in the ballot was around 30% with 90% voting to boycott IfL. UCU came under criticism for this survey which, it transpired, was open to the general public and could be completed by non-members without any membership validation. Former deputy chief executive of the IfL, Lee Davies, called this 'slapdash' and 'undermined the union as a democratic voice, especially given a low response rate' Scale of non-renewal On the deadline for registration (July 2011) IfL management stated that more than 67,000 of its previous 200,000 members had renewed. IfL stated in their joint statement that there were a potential 144,800 members for 2011/12 and UCU has 34,505 members in the FE sector. In September 2011 the IfL had a membership of over 75,000. In November 2013 IfL noted that "membership was likely to reach 35,000". Independent review In early September 2011 it was reported that "The government is to hold an independent review into workforce professionalisation, including the effectiveness of the Institute for Learning (IfL). John Hayes MP, minister for