Mullaney, R (on the application of) v The Adjudication Panel for England

Mullaney, R (on the application of) v The Adjudication Panel for England

The claimant was acting in his official capacity as a councillor when he took and published the video, and his conduct towards Mr Zaman failed to show respect, breaching paragraph 2(b) of the Code. The Appeals Tribunal's findings on breach were correct in law and not irrational. However, the Appeals Tribunal acted with procedural unfairness by removing the opportunity to avoid suspension by apology without giving the claimant notice or an opportunity to address this increase in sanction. The issue of sanction must be remitted for reconsideration by a differently constituted Appeals Tribunal.

Parties
Claimant: Mr Mullaney; Defendant: The Adjudication Panel for England; Interested Party: Ethical Standards Officer; Interested Party: BCC Standards Committee; Interested Party: Safdar Zaman
Jurisdiction
England and Wales
Judgment Date
10 February 2009
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed as to breach; decision on sanction quashed and remitted for reconsideration.
Legal Topics
Judicial Review, Code of Conduct for Councillors, Sanctions for Misconduct, Procedural Fairness, Freedom of Expression, Trespass, Sanction Appeal Procedures
Administrative Law Local Government Law Human Rights Judicial Review Code of Conduct for Councillors Sanctions for Misconduct Procedural Fairness Freedom of Expression +2 more

Case Brief

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Parties

Mr Mullaney

Claimant

The Adjudication Panel for England

Defendant

Ethical Standards Officer

Interested Party

BCC Standards Committee

Interested Party

Safdar Zaman

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the claimant acted in his official capacity under the Code of Conduct
  2. 2 Whether the claimant failed to treat others with respect under the Code
  3. 3 Whether the sanction imposed was procedurally fair

Ratio Decidendi

The claimant was acting in his official capacity as a councillor when he took and published the video, and his conduct towards Mr Zaman failed to show respect, breaching paragraph 2(b) of the Code. The Appeals Tribunal's findings on breach were correct in law and not irrational. However, the Appeals Tribunal acted with procedural unfairness by removing the opportunity to avoid suspension by apology without giving the claimant notice or an opportunity to address this increase in sanction. The issue of sanction must be remitted for reconsideration by a differently constituted Appeals Tribunal.

Court Disposition

Claim dismissed as to breach; decision on sanction quashed and remitted for reconsideration.

Orders

  • The finding of breach of the Code of Conduct is upheld.
  • The sanction imposed by the Appeals Tribunal is quashed for procedural unfairness.