G, R (on the application of) v X School & Ors

G, R (on the application of) v X School & Ors

Where disciplinary proceedings in a school lead to a statutory referral for possible barring from working with children, and the outcome of those proceedings will have a substantial effect on the individual's right to practise his profession, Article 6 ECHR is engaged. In such circumstances, Article 6 requires that the individual be afforded the opportunity for legal representation in the disciplinary process.

Parties
Appellant/respondent to the Cross Appeal: The Governors of X School; Respondent/cross Appellant: The Queen on the Application of G; Intervener: Y City Council; Interested Party: The Secretary of State for Children and Schools and Families; Intervener: The Equality and Human Rights Commission
Jurisdiction
England and Wales
Judgment Date
20 January 2010
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed; Cross-appeal moot
Legal Topics
Right to Legal Representation in Disciplinary Proceedings, Article 6 ECHR (fair Trial), Employment Dismissal and Barred Lists, Procedural Fairness in Professional Discipline
Administrative Law Employment Law Human Rights Law Education Law Right to Legal Representation in Disciplinary Proceedings Article 6 ECHR (fair Trial) Employment Dismissal and Barred Lists Procedural Fairness in Professional Discipline

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Parties

The Governors of X School

Appellant/respondent to the Cross Appeal

The Queen on the Application of G

Respondent/cross Appellant

Y City Council

Intervener

The Secretary of State for Children and Schools and Families

Interested Party

The Equality and Human Rights Commission

Intervener

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether disciplinary proceedings determining dismissal and referral to barred list engage Article 6 ECHR civil rights
  2. 2 Whether Article 6 ECHR requires legal representation in such disciplinary proceedings
  3. 3 Whether the disciplinary and barred list procedures are sufficiently connected for Article 6 purposes

Ratio Decidendi

Where disciplinary proceedings in a school lead to a statutory referral for possible barring from working with children, and the outcome of those proceedings will have a substantial effect on the individual's right to practise his profession, Article 6 ECHR is engaged. In such circumstances, Article 6 requires that the individual be afforded the opportunity for legal representation in the disciplinary process.

Court Disposition

Appeal dismissed; Cross-appeal moot

Orders

  • The claimant is entitled to the opportunity for legal representation at the disciplinary and appeal hearings.
  • No substantive order on the cross-appeal; costs to be determined.