H, R (on the application of) v Hertfordshire County Council [2002] EWCA Civ 146 (6 February 2002)

H, R (on the application of) v Hertfordshire County Council [2002] EWCA Civ 146 (6 February 2002)

The internal disciplinary and 'Beliefs' decisions did not determine any civil right of the applicant and were not subject to Article 6 ECHR. The applicant's challenges to the process, including adequacy of reasons and panel composition, either had already been adjudicated or were not sustainable. Judicial review was not appropriate as the applicant had recourse to an employment tribunal for any substantive or procedural unfairness.

Citation
[2002] EWCA Civ 146
Parties
Claimant/applicant: The Queen on the Application of H; Defendant/respondent: Hertfordshire County Council
Jurisdiction
England and Wales
Judgment Date
06 February 2002
Procedural Posture
Judicial Review / Application for Permission to Appeal Against Refusal of Permission to Apply for Judicial Review
Outcome
Permission to appeal refused; application dismissed with costs.
Legal Topics
Judicial Review, Disciplinary Proceedings, Article 6 ECHR, Article 8 ECHR, Procedural Fairness, Employment Dismissal
Administrative Law Employment Law Human Rights Judicial Review Disciplinary Proceedings Article 6 ECHR Article 8 ECHR Procedural Fairness +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

The Queen on the Application of H

Claimant/applicant

Hertfordshire County Council

Defendant/respondent

Procedural Posture

Judicial Review / Application for Permission to Appeal Against Refusal of Permission to Apply for Judicial Review

Legal Issues

  1. 1 Whether the local authority's 'Beliefs decision' and its communication were lawful and open to challenge under common law or Article 6 ECHR
  2. 2 Whether the disciplinary appeal panel's decision was vitiated by lack of reasons, breach of protocol, or lack of independence and impartiality
  3. 3 Whether Article 6 ECHR applied to the internal disciplinary proceedings

Ratio Decidendi

The internal disciplinary and 'Beliefs' decisions did not determine any civil right of the applicant and were not subject to Article 6 ECHR. The applicant's challenges to the process, including adequacy of reasons and panel composition, either had already been adjudicated or were not sustainable. Judicial review was not appropriate as the applicant had recourse to an employment tribunal for any substantive or procedural unfairness.

Court Disposition

Permission to appeal refused; application dismissed with costs.

Orders

  • Application dismissed with costs, to be the subject of detailed assessment if not otherwise agreed.