C v Panel of the Disciplinary Committee of the Teacher Council & Anor (Approved) [2024] IEHC 575 (28 June 2024)

C v Panel of the Disciplinary Committee of the Teacher Council & Anor (Approved) [2024] IEHC 575 (28 June 2024)

The exclusionary rule formulated in The People (DPP) v JC does not apply to evidence obtained by private third parties in the context of a statutory disciplinary inquiry; the panel acted within its discretion in admitting the screenshots, balancing the probative value and fairness, and the statutory process provides adequate remedies including a de novo appeal to the High Court. Judicial review is not appropriate at this stage.

Citation
[2024] IEHC 575
Parties
Applicant: C; First Named Respondent: Panel of the Disciplinary Committee of the Teaching Council; Second Named Respondent: Director of the Teaching Council
Jurisdiction
Ireland
Judgment Date
28 June 2024
Procedural Posture
Judicial Review / Final Judgment on Application for Certiorari and Related Reliefs
Outcome
Application for judicial review refused; no order of certiorari or related reliefs granted.
Legal Topics
Admissibility of Evidence, Exclusionary Rule, Right to Privacy, Statutory Disciplinary Proceedings, Judicial Review, Procedural Fairness
Administrative Law Education Law Constitutional Law Admissibility of Evidence Exclusionary Rule Right to Privacy Statutory Disciplinary Proceedings Judicial Review +1 more

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Parties

C

Applicant

Panel of the Disciplinary Committee of the Teaching Council

First Named Respondent

Director of the Teaching Council

Second Named Respondent

Procedural Posture

Judicial Review / Final Judgment on Application for Certiorari and Related Reliefs

Legal Issues

  1. 1 Whether evidence obtained unlawfully by a third party should be excluded from a statutory disciplinary inquiry
  2. 2 Whether the exclusionary rule formulated in The People (DPP) v JC applies to regulatory bodies
  3. 3 Whether the panel erred in law in admitting screenshots obtained without consent

Ratio Decidendi

The exclusionary rule formulated in The People (DPP) v JC does not apply to evidence obtained by private third parties in the context of a statutory disciplinary inquiry; the panel acted within its discretion in admitting the screenshots, balancing the probative value and fairness, and the statutory process provides adequate remedies including a de novo appeal to the High Court. Judicial review is not appropriate at this stage.

Court Disposition

Application for judicial review refused; no order of certiorari or related reliefs granted.

Orders

  • Application for certiorari quashing the panel's decision refused.
  • Application for declaratory and injunctive relief refused.