Daniel Gough v Powys County Council

Daniel Gough v Powys County Council

Given the appellant's conviction for a violent offence, previous criminal history, and the need to protect the public and maintain confidence in the regulatory regime, an unlimited prohibition order is necessary and proportionate. The statutory scheme does not require time-limiting such orders, but allows for future...

Source-derived case information.

Parties
Appellant: Daniel Gough; Respondent: Powys County Council
Jurisdiction
England and Wales
Judgment Date
16 June 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Prohibition Orders, Fitness to Practice, Violence Convictions, Rehabilitation of Offenders, Public Protection, Regulatory Discretion
Regulatory Law Estate Agency Law Prohibition Orders Fitness to Practice Violence Convictions Rehabilitation of Offenders Public Protection Regulatory Discretion

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Parties

Daniel Gough

Appellant

Powys County Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the appellant is unfit to carry on estate agency work under section 3 of the Estate Agents Act 1979
  2. 2 Whether a prohibition order should be imposed and if so, whether it should be unlimited or restricted

Ratio Decidendi

Given the appellant's conviction for a violent offence, previous criminal history, and the need to protect the public and maintain confidence in the regulatory regime, an unlimited prohibition order is necessary and proportionate. The statutory scheme does not require time-limiting such orders, but allows for future review or revocation.

Court Disposition

Appeal dismissed

Orders

  • The prohibition order against Daniel Gough dated 27 August 2024 is upheld without limitation.