Q. (M.) v. Gleeson [1997] IEHC 26; [1998] 4 IR 85 (13th February, 1997)

Q. (M.) v. Gleeson [1997] IEHC 26; [1998] 4 IR 85 (13th February, 1997)

Both the E.H.B. and V.E.C. failed to afford the applicant constitutional justice and fair procedures by not informing him of the allegations, not giving him an adequate opportunity to defend himself, and not taking reasonable care in checking the accuracy of information before making decisions adverse to him. The removal of the applicant from the course was unlawful.

Citation
[1998] 4 IR 85
Parties
Applicant: M. Q.; Fourth Respondent: Eastern Health Board (E.H.B.); Second Respondent: Vocational Education Committee (V.E.C.); First Respondent: Mr. Gleeson; Third Respondent: Mr. Chance
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision to remove applicant from course struck down as unlawful; respondents failed to comply with fair procedures.
Legal Topics
Fair Procedures, Natural Justice, Statutory Duties of Health Boards, Student Suspension and Expulsion, Dissemination of Sensitive Information
Administrative Law Education Law Child Protection Law Fair Procedures Natural Justice Statutory Duties of Health Boards Student Suspension and Expulsion Dissemination of Sensitive Information

Case Brief

Summary, issues, holding and outcome

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Parties

M. Q.

Applicant

Eastern Health Board (E.H.B.)

Fourth Respondent

Vocational Education Committee (V.E.C.)

Second Respondent

Mr. Gleeson

First Respondent

Mr. Chance

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the E.H.B. and V.E.C. acted lawfully in removing the applicant from a child care course based on allegations of abuse
  2. 2 Whether the applicant was afforded constitutional justice and fair procedures
  3. 3 Scope of statutory duties of health boards under the Child Care Act, 1991

Ratio Decidendi

Both the E.H.B. and V.E.C. failed to afford the applicant constitutional justice and fair procedures by not informing him of the allegations, not giving him an adequate opportunity to defend himself, and not taking reasonable care in checking the accuracy of information before making decisions adverse to him. The removal of the applicant from the course was unlawful.

Court Disposition

Decision to remove applicant from course struck down as unlawful; respondents failed to comply with fair procedures.

Orders

  • If E.H.B. wishes to pursue removal, it must comply with requirements of fair procedures and constitutional justice.
  • Applicant allowed to complete course (excluding final days of work placement with children) per prior consent order.